A dietary supplement reaches the market without FDA approval, so its specification, safety basis and claim evidence carry the weight
For supplement brands, contract manufacturers and ingredient suppliers: the rules that apply, what FDA investigators cite most, the stages and tests EUTECNIQ proposes, and the documents a customer would receive.
Status. EUTECNIQ is in formation. It does not yet test, make or sell supplements or ingredients. The services below are proposals; legal statements summarize U.S. federal law as of October 22, 2026 and are not legal advice.
Three kinds of supplement business, one evidence file: the rules, stages and documents each would use
Text version: customers, rules, stages and documents
Customers
- Supplement brands Need an ingredient described precisely, a claim they can defend and supplier data their quality unit can verify.
- Contract manufacturers Need ingredients that pass identity testing on receipt and run predictably in capsules, tablets, gummies or liquids.
- Ingredient suppliers Need a specification, a safety basis and format data that set their material apart from a cheaper extract with the same name.
Rules that apply
- 21 CFR Part 111 Supplement CGMP: specifications, an identity test on each dietary ingredient, batch records.
- 21 CFR 101.36 and 101.93 Supplement Facts panel; structure/function notice and disclaimer.
- 21 CFR 190.6 New dietary ingredient notification at least 75 days before marketing.
- 21 CFR Part 117 Food CGMP and preventive controls for ingredient-only operations.
- 21 CFR Part 1, Subpart L Foreign supplier verification by importers; § 1.511 for supplements.
Platform stages and tests (proposed)
- Identity and composition Orthogonal identity methods, marker assays, contaminant limits.
- Specification and methods Limits for identity, purity, strength and composition; validated methods.
- Format development Capsule, tablet, softgel, gummy, powder or liquid prototypes.
- Stability program Studies in the final format and pack.
- Safety basis and regulatory route History of use, exposure, the NDI decision.
- Claim evidence review The substantiation file behind each structure/function statement.
What the customer would receive
- Specification and test methods
- Certificate-of-analysis template
- Format feasibility report
- Stability protocol and data
- Regulatory route memo With, where needed, a draft NDI safety narrative for counsel's review.
- Claim evidence summary
FDA states that "under DSHEA, FDA does not have the authority to approve dietary supplements before they are marketed." The firm's specification, safety basis and claim evidence are therefore what buyers and regulators examine. FDA, "Questions and Answers on Dietary Supplements," content current as of August 27, 2026.
DSHEA defines the category; Part 111, the NDI provisions and the labeling rules set the obligations
Data table: every rule set in the treemap
| Rule set | What it covers | Agency group | eCFR sections | Level |
|---|---|---|---|---|
| 21 CFR Part 111 | Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements. CGMP for anyone who makes, packages, labels or holds a dietary supplement, including identity tests of dietary ingredients. | FDA · 21 CFR | 84 | Applies |
| 21 CFR Part 117 | Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food. CGMP, hazard analysis and preventive controls for human food, including dietary ingredients. | FDA · 21 CFR | 61 | Check |
| 21 CFR Part 101 | Food Labeling. Food labels: Supplement Facts (§ 101.36), health claims (§ 101.14) and structure/function statements (§ 101.93). | FDA · 21 CFR | 50 | Applies |
| 21 CFR Part 1, Subpart R | Laboratory Accreditation for Analyses of Foods. Certain food tests, such as tests to support admission of an import, must be run by a LAAF-accredited laboratory. | FDA · 21 CFR | 42 | Check |
| 21 CFR Part 58 | Good Laboratory Practice for Nonclinical Laboratory Studies. Good laboratory practice for nonclinical studies supporting the FDA submissions listed in § 58.3; NDINs are not listed. | FDA · 21 CFR | 36 | Check |
| 21 CFR Part 1, Subpart O | Sanitary Transportation of Human and Animal Food. Shippers, loaders, carriers and receivers keep food safe during transport; § 1.900(b) lists exempt operations. | FDA · 21 CFR | 18 | Check |
| 21 CFR Part 1, Subpart L | Foreign Supplier Verification Programs for Food Importers. Importers verify that foreign suppliers produce food safely; § 1.511 modifies the program for dietary supplements. | FDA · 21 CFR | 15 | Applies |
| 21 CFR Part 1, Subpart H | Registration of Food Facilities. Facilities that make, process, pack or hold food for U.S. consumption register with FDA and renew every two years. | FDA · 21 CFR | 14 | Applies |
| 21 CFR Part 1, Subpart J | Establishment, Maintenance, and Availability of Records. Keep records of the immediate previous source and the immediate subsequent recipient of food. | FDA · 21 CFR | 13 | Applies |
| 21 CFR Part 1, Subpart D | Electronic Import Entries. Lists the data FDA needs in each electronic customs entry of an FDA-regulated article. | FDA · 21 CFR | 12 | Applies |
| 21 CFR Part 1, Subpart I | Prior Notice of Imported Food. Imported food needs prior notice to FDA: at least 2 hours before arrival by road, 4 by rail or air, 8 by water. | FDA · 21 CFR | 10 | Applies |
| 21 CFR Part 7, Subpart C | Enforcement Policy. FDA's recall policy: recalls are voluntary actions, classified by health hazard, with a recall strategy. | FDA · 21 CFR | 10 | Check |
| 21 CFR Part 11 | Electronic Records; Electronic Signatures. Electronic records and signatures that meet FDA record rules must be trustworthy, reliable and equivalent to paper. | FDA · 21 CFR | 10 | Applies |
| 21 CFR Part 1, Subpart E | Imports and Exports. FDA import sampling, hearings and relabeling of refused goods, and the records kept for certain exports. | FDA · 21 CFR | 9 | Check |
| 21 CFR Part 190 | Dietary Supplements. A new dietary ingredient needs notification to FDA at least 75 days before marketing, unless the food-supply exception applies. | FDA · 21 CFR | 1 | Check |
| 19 CFR Part 141 | Entry of Merchandise. Entry of merchandise: liability for duties, who may enter, invoices, duty deposits and release. | Trade: CBP, OFAC, FWS | 69 | Applies |
| 19 CFR Part 113 | CBP Bonds. Customs bonds that secure payment of duties and compliance with import rules. | Trade: CBP, OFAC, FWS | 53 | Applies |
| 19 CFR Part 142 | Entry Process. The entry process: entry documents, entry summary, immediate delivery and line release. | Trade: CBP, OFAC, FWS | 40 | Applies |
| 19 CFR Part 134 | Country of Origin Marking. Country-of-origin marking of imported articles or their containers (§ 134.11). | Trade: CBP, OFAC, FWS | 33 | Applies |
| 19 CFR Part 177 | Administrative Rulings. Binding advance rulings from CBP, for example on tariff classification. | Trade: CBP, OFAC, FWS | 25 | Check |
| 19 CFR Part 152 | Classification and Appraisement of Merchandise. Tariff classification and customs valuation of imported goods. | Trade: CBP, OFAC, FWS | 21 | Applies |
| 19 CFR Part 12 (selected subject groups) | Special Classes of Merchandise. CBP rules for FDA-regulated goods (§ 12.1), plants, goods made with forced labor, and goods under sanctions. | Trade: CBP, OFAC, FWS | 16 | Applies |
| 19 CFR Part 149 | Importer Security Filing. Importer Security Filing for ocean cargo; core data due 24 hours before loading at the foreign port. | Trade: CBP, OFAC, FWS | 6 | Check |
| 7 CFR Part 319 | Foreign Quarantine Notices. Conditions for importing plants and plant products that can carry pests; they depend on the commodity and origin. | USDA · 7 CFR | 128 | Check |
| 7 CFR Part 330 | Federal Plant Pest Regulations; General; Plant Pests, Biological Control Organisms, and Associated Articles; Garbage. Restrictions on moving plant pests, biological control organisms and associated articles, and on garbage. | USDA · 7 CFR | 24 | Check |
| 7 CFR Part 357 | Control of Illegally Taken Plants. Lacey Act plant declaration (§ 357.3): required for tariff codes on APHIS's phase-in schedule; "plant" excludes common cultivars and common food crops (§ 357.2). CFR atlas | USDA · 7 CFR | 4 | Check |
| 40 CFR Part 180 | Tolerances and Exemptions for Pesticide Chemical Residues in Food. Tolerances and exemptions for pesticide residues in food; inert-ingredient exemptions are in §§ 180.910–180.960. | EPA · 40 CFR | 755 | Applies |
| 40 CFR Part 261 | Identification and Listing of Hazardous Waste. Which wastes are hazardous: ignitable wastes (§ 261.21) and listed wastes such as spent solvents (§ 261.31). | EPA · 40 CFR | 83 | Check |
| 40 CFR Part 262 | Standards Applicable to Generators of Hazardous Waste. Duties of hazardous-waste generators, scaled by generator category. | EPA · 40 CFR | 66 | Check |
| 16 CFR Part 465 | Rule on the Use of Consumer Reviews and Testimonials. Bans fake reviews and testimonials, buying sentiment-conditioned reviews, insider reviews and review suppression. | FTC and CPSC · 16 CFR | 8 | Applies |
| 16 CFR Part 1700 | Poison Prevention Packaging. Child-resistant packaging, including supplements with 250 mg or more elemental iron per package (§ 1700.14(a)(13)). | FTC and CPSC · 16 CFR | 8 | Check |
| 16 CFR Part 255 | Guides Concerning Use of Endorsements and Testimonials in Advertising. How the FTC applies Section 5 of the FTC Act to endorsements and testimonials in advertising. | FTC and CPSC · 16 CFR | 7 | Applies |
| 29 CFR 1910.1200 | Hazard communication.. Hazard communication: hazard classification, labels, safety data sheets and worker training. | OSHA · 29 CFR | 1 | Applies |
| 29 CFR 1910.132 | General requirements.. Workplace hazard assessment and personal protective equipment. | OSHA · 29 CFR | 1 | Applies |
| 29 CFR 1910.134 | Respiratory protection.. Respiratory protection programs where respirators are needed. | OSHA · 29 CFR | 1 | Check |
| 29 CFR 1910.147 | The control of hazardous energy (lockout/tagout).. Lockout/tagout of hazardous energy during servicing and maintenance of machines. | OSHA · 29 CFR | 1 | Check |
| 29 CFR 1910.1000 | Air contaminants.. Permissible exposure limits for air contaminants, such as solvent vapors. | OSHA · 29 CFR | 1 | Check |
| 29 CFR 1910.1450 | Occupational exposure to hazardous chemicals in laboratories.. Chemical hygiene plan and exposure controls for laboratory use of hazardous chemicals. | OSHA · 29 CFR | 1 | Applies |
| Total | 38 rule sets; 20 apply, the rest apply only in the circumstances they name | 1737 | 1213 in rules that apply |
Text version of the regulatory frame
- Definition Statute
- A product "intended to supplement the diet" containing dietary ingredients, including "an herb or other botanical" and "a concentrate, metabolite, constituent, extract, or combination" of such ingredients. It must be intended for ingestion, not represented as a conventional food or a sole item of a meal, and labeled as a dietary supplement. 21 U.S.C. 321(ff), added by DSHEA, Pub. L. 103-417 (October 25, 1994).
- Premarket review Statute
- No FDA approval of the product or its labeling. The firm is responsible for safety and lawful labeling, and FDA acts after marketing. FDA Q&A on dietary supplements (August 27, 2026).
- Manufacturing Final rule
- 21 CFR Part 111 applies to anyone who manufactures, packages, labels or holds a dietary supplement. It requires specifications for identity, purity, strength and composition and limits on contamination, and at least one appropriate identity test on each dietary ingredient before use. Part 111 is not drug cGMP. 21 CFR 111.1, 111.70(e), 111.75(a)(1)(i).
- New dietary ingredients Statute Final guidance
- An ingredient not marketed in the United States before October 15, 1994 needs a notification to FDA at least 75 days before marketing, unless the supplement contains only dietary ingredients present in the food supply as an article used for food in a form not chemically altered. FDA finalized guidance on the identity and safety content of notifications on October 19, 2026. "FDA does not approve NDI notifications." 21 U.S.C. 350b; 21 CFR 190.6; FDA final guidance, docket FDA-2025-D-6501.
- Labeling Final rule
- A Supplement Facts panel. Botanicals are named as in Herbs of Commerce (1992) and listed with the part of the plant used. Major food allergen labeling, including sesame since January 1, 2023, applies to supplements. 21 CFR 101.36, 101.4(h); FDA, "Food Allergies" (March 11, 2026).
FDA investigators cite production and process controls most, and the count reached 1,938 citations in fiscal year 2025
Data table: citations by subpart and fiscal year
| FY2014 | FY2015 | FY2016 | FY2017 | FY2018 | FY2019 | FY2020 | FY2021 | FY2022 | FY2023 | FY2024 | FY2025 | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Subpart B: Personnel | 53 | 45 | 55 | 61 | 46 | 44 | 26 | 21 | 28 | 38 | 37 | 53 |
| Subpart C: Physical plant and grounds | 72 | 81 | 75 | 90 | 71 | 63 | 24 | 17 | 35 | 27 | 53 | 67 |
| Subpart D: Equipment and utensils | 85 | 63 | 66 | 83 | 72 | 82 | 42 | 34 | 45 | 46 | 69 | 75 |
| Subpart E: Production and process control system | 470 | 385 | 529 | 617 | 545 | 490 | 290 | 260 | 459 | 423 | 614 | 759 |
| Subpart F: Quality control | 160 | 154 | 181 | 197 | 184 | 198 | 112 | 120 | 179 | 169 | 205 | 216 |
| Subpart G: Components, packaging and labels received | 42 | 50 | 57 | 61 | 66 | 45 | 28 | 16 | 18 | 37 | 36 | 43 |
| Subpart H: Master manufacturing record | 151 | 139 | 140 | 161 | 128 | 117 | 91 | 45 | 101 | 92 | 156 | 188 |
| Subpart I: Batch production record | 157 | 130 | 161 | 151 | 151 | 116 | 115 | 58 | 100 | 97 | 153 | 163 |
| Subpart J: Laboratory operations | 29 | 21 | 31 | 29 | 19 | 28 | 6 | 13 | 33 | 23 | 33 | 77 |
| Subpart K: Manufacturing operations | 35 | 24 | 32 | 27 | 26 | 21 | 7 | 10 | 21 | 16 | 30 | 49 |
| Subpart L: Packaging and labeling operations | 44 | 32 | 55 | 40 | 54 | 41 | 29 | 20 | 37 | 29 | 38 | 37 |
| Subpart M: Holding and distributing | 89 | 55 | 86 | 119 | 101 | 76 | 41 | 34 | 63 | 72 | 63 | 72 |
| Subpart N: Returned dietary supplements | 58 | 44 | 56 | 84 | 79 | 50 | 21 | 19 | 42 | 53 | 48 | 65 |
| Subpart O: Product complaints | 96 | 63 | 88 | 112 | 90 | 71 | 35 | 32 | 50 | 48 | 45 | 66 |
| Subpart P: Records and recordkeeping | 8 | 8 | 13 | 10 | 8 | 2 | 4 | 5 | 7 | 3 | 3 | 8 |
| All of Part 111 | 1,549 | 1,294 | 1,625 | 1,842 | 1,640 | 1,444 | 871 | 704 | 1,218 | 1,173 | 1,583 | 1,938 |
Process controls, quality control and batch records (Subparts E, F, H and I) drew 1,326 of the 1,938 fiscal 2025 citations, 68%.
Each format sets its own limit on dose, stability and taste
Show the table (6 rows): Supplement formats with what each suits, the main constraint for botanicals, what to watch
| Format | Suits | Main constraint for botanicals | Watch in stability | Proposed EUTECNIQ work |
|---|---|---|---|---|
| Hard capsules gelatin or HPMC shells | Dry extracts, powders, beadlets. | Fill volume caps the dose per capsule; low-density or sticky extracts fill poorly. | Moisture uptake; shells turn brittle when dry and soft when humid. | Powder flow and density, excipient compatibility, fill-weight trials. |
| Tablets | Compressible extracts at moderate doses. | High extract loads compact poorly and may need binders that slow disintegration. | Hardness drift, moisture, slower disintegration with age. | Compaction and disintegration studies, coating selection. |
| Softgels | Oils, oleoresins and lipid-based fills. | The fill must not attack the shell; water and some solvents migrate. | Oxidation, fill-shell migration, shell aging that slows opening. | Fill design, antioxidant choice, shell compatibility tests. |
| Gummies | Low-dose, palatable actives. | Cooking heat, the acid needed to set pectin gels, and strong flavors limit the active load. | Active loss during cooking, moisture migration, piece-to-piece uniformity. | Heat-stability screening, taste masking, an assay that recovers the active from the gel. |
| Powders stick packs, tubs | Higher doses mixed into water or food. | Wetting and dispersion in water, taste, caking. | Caking from moisture, color change, oxidation. | Spray-dried or agglomerated forms; wettability and flow tests. |
| Liquids and shots | Soluble or emulsified actives at measured doses. | Solubility versus dispersibility, preservation and pH. A liquid represented as a conventional food is not a supplement. | Creaming or sediment, microbial growth, degradation in solution. | Solubilization or emulsion design, preservative system, real-time stability. |
Explanation, details and sources
A botanical extract that works in a capsule may fail in a gummy or a shot. The format is chosen early because it changes the specification and the stability program. Emulsion physics is on the emulsions page; drying on the drying and particle engineering page.
A structure/function claim is lawful only with notification, the disclaimer and evidence behind it
Text version of the four steps and the study examples
- Substantiate before use.The firm must have substantiation that the statement is truthful and not misleading. FDA's 2009 guidance applies a standard consistent with the FTC's. The FTC calls its standard "competent and reliable scientific evidence" and says health benefits generally "will need to be in the form of randomized, controlled human clinical testing."
- Notify FDA.No later than 30 days after first marketing, with the claim text, the ingredient and the product name, signed by a person who certifies the firm has substantiation.
- Carry the disclaimer.Exactly as quoted on the left.
- Stay out of disease claims.A supplement with a disease claim is regulated as a drug, unless the claim is an authorized health claim for which the product qualifies.
21 U.S.C. 343(r)(6); 21 CFR 101.93(a) and (f); FDA, "Substantiation for Dietary Supplement Claims Made Under Section 403(r)(6)" (final guidance, January 2009, docket FDA-2004-D-0303); FTC, Health Products Compliance Guidance (December 20, 2022).
| FDA example | Kind of endpoint | IND needed for a study? |
|---|---|---|
| Guarana and maximal oxygen uptake | Structure or function | No |
| Fiber and bowel regularity | Structure or function | No |
| Preventing osteoporosis | Disease | Yes, under 21 CFR Part 312 |
| Treating chronic diarrhea or constipation | Disease | Yes, under 21 CFR Part 312 |
[Product name]
Dietary supplement
[A statement about a structure or function of the body]†
†This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
FDA, "Investigational New Drug Applications (INDs): Determining Whether Human Research Studies Can Be Conducted Without an IND" (September 2013), Section VI.D.1, which is not stayed. More on the clinical research page.
Explanation, details and sources
A structure/function statement describes how a nutrient or dietary ingredient affects the structure or function of the body. It "may not claim to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases."
Buyers pay for an ingredient when its differences can be measured and defended
Each step is something a customer's quality unit or a reviewer can check.
Text version of the seven steps
- Verified identitySpecies, plant part and, where it matters, chemotype, confirmed by orthogonal methods.
- A defined compositionA specification with a repeatable identity method and limits on markers and contaminants.
- Lot-to-lot consistencyData across lots, not a single certificate of analysis.
- A documented safety basisFor the intended daily amount and the intended users.
- A form that works in the formatFlow, dispersion, taste and stability shown in the target product.
- Human evidence for a specific claimGenerated with this ingredient, at this dose, in the relevant population.
- A protectable process or formulationSomething a competitor cannot copy by buying the same plant.
Laboratory and development work in house; studies, manufacturing and legal review with partners
Text version of the division of work
In-house, once the laboratory exists Proposal
- Identity and composition testing of candidate ingredients.
- Specification and test-method development.
- Prototype formulations in the formats above.
- Stability program design and testing.
- Regulatory route assessment and support for NDI dossier preparation.
- Scientific review of the evidence behind a proposed claim.
With qualified partners External partner
- Toxicology studies at contract research organizations.
- Human studies at clinical sites with IRB oversight.
- Commercial manufacturing at Part 111 contract manufacturers, or later in EUTECNIQ's planned facility.
- Legal review of labels and claims by regulatory counsel.
See the facilities roadmap and the planned quality system.
Five levels of evidence, and what each can support on a supplement label
Text version of the evidence levels
| Level | What it shows | What it cannot show | Role for supplements |
|---|---|---|---|
| 1 Identity and composition | The material is what the label says, at a defined strength. | Safety or benefit. | Required: Part 111 specifications and identity testing. |
| 2 Safety | The ingredient is safe at the intended use and exposure. | Benefit. | Required: a new dietary ingredient needs a safety basis notified to FDA; every supplement must not be adulterated. |
| 3 Biological activity | A plausible mechanism, in cells or animals. | An effect in people. | Supports the rationale; on its own it does not substantiate a benefit claim. |
| 4 Exposure | How much reaches the gut lumen or the blood. | Benefit, or safety at the higher exposure. | Guides formulation; a statement about absorption needs data on the product itself in people. |
| 5 Human outcome | The claimed effect in people, under controlled conditions. | Effects outside the studied product, dose and population. | Generally expected for a structure/function benefit claim. |
Sources for the supplement column: 21 CFR 111.70, 111.75, 190.6; FTC, Health Products Compliance Guidance (2022). Levels 3 to 5 follow the dose-to-outcome chain on the ingredient development page.
Building or upgrading a supplement ingredient?
Share the ingredient, the format and the claim you have in mind. The first reply would list the evidence gaps and the order in which to close them.