Under 21 U.S.C. 350b(a), the manufacturer or distributor of a dietary supplement that
contains a new dietary ingredient that has not been present in the food supply as an article
used for food in a form in which the food has not been chemically altered must submit to
FDA, at least 75 days before the dietary ingredient is introduced or delivered for introduction
into interstate commerce, information that is the basis on which the manufacturer or
distributor has concluded that a dietary supplement containing such new dietary ingredient
will reasonably be expected to be safe. FDA reviews this information to determine whether it
provides an adequate basis for such a conclusion. Under section 350b(a)(2), there must be a
history of use or other evidence of safety establishing that the new dietary ingredient, when
used under the conditions recommended or suggested in the labeling of the dietary
supplement, will reasonably be expected to be safe. If this requirement is not met, the dietary
supplement is deemed to be adulterated under21 U.S.C. 342(f)(l)(B) because there is
inadequate information to provide reasonable assurance that the new dietary ingredient does
not present a significant or unreasonable risk of illness or injury.
FDA has carefully considered the information in your submission, and the agency has
significant concerns about the evidence on which you rely to support your conclusion that a
dietary supplement containing danshen root, when used under the conditions recommended
or suggested in the labeling of your product, will reasonably be expected to be safe. First,
although your submission provides the amount of active ingredient (i.e., tanshinone) in the
product, information on the amount of the dietary supplement itself to be consumed per day
is not provided. Furthermore, the information provided in the Chinese herbal medicine
reference included in your submission refers to pharmacological, clinical, and toxicological
Page 2- Mr. David Chen
findings on danshen root fi-om various studies. However, the exact dose exposures associated
with these effects are, for the most part, not provided. Additionally, relevant information
about the species of test animals exposed and the route of administration of the test material
is not provided in all cases.
For the reasons discussed above, the information in your submission does not provide an
adequate basis to conclude that danshen root, when used under the conditions recommended
or suggested in the labeling of your product, will reasonably be expected to be safe.
Therefore, your product may be adulterated under21 U.S.C. 342(f)(l)(B) as a dietary
supplement that contains a new dietary ingredient for which there is inadequate information
to provide reasonable assurance that such ingredient does not present a significant or
unreasonable risk of illness or injury. Introduction of such a product into interstate
commErce is pr@ibited under 21 U.S.C. 331(a) and (v).
Please contact us if you have any questions concerning this matter. -
Sincerely,
Director
Division of Programs and Enforcement Policy
Office of Special Nutritional
Center for Food Safety
and Applied Nutrition