In December, the Center for Science in the Public Interest (CSPI) filed a petition, requesting that FDA ban the retail distribution of pure caffeine sold in powder form as a dietary supplement. The petition illustrates some of the issues FDA faces in seeking to remove a dietary supplement from the market through a ban.
In this episode, Josh Long, legal and regulatory editor, and veteran food lawyer Anthony Young, discuss:
- FDA’s authority under the Dietary Supplement Health and Education Act (DSHEA) to remove powdered caffeine from the market;
- The unique issues surrounding the petition;
- The cumbersome process that FDA endured in the banning of ephedra dietary supplements;
- FDA’s objections to new dietary ingredient (NDI) submissions;
- A response to recent observations by former FDA commissioners on the agency’s authority to take action against harmful supplements.
Links and Resources:
- Petition to Ban Retail Distribution of Pure and Highly Concentrated Caffeine Sold in Powder Form as Dietary Supplement
- In Wake of Teenage Death, CSPI Petitions FDA to Ban Powdered Caffeine
- Healthy INSIDER Podcast 15 Caffeine Product Labeling and Safety
- Sens. Durbin, Brown Call on FDA Again to Ban Bulk Powdered Caffeine
- New York, Other States Target Powdered Caffeine as FDA Ponders Possible Ban