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The programs for FDA safety regulation vary widely by the type of product,
its potential risks, and the regulatory powers granted to the agency.
For example, the FDA regulates almost every facet of prescription drugs,
including testing, manufacturing, labeling, advertising, marketing, efficacy
and safety, yet FDA regulation of cosmetics is focused primarily on labeling
and safety. The FDA regulates most products with a set of published standards
enforced by a modest number of facility inspections. The FDA regulatory
programs include:
Food and dietary supplements
The Center for Food Safety and Applied Nutrition is the branch of the
FDA which is responsible for ensuring the safety and accurate labeling
of nearly all food products in the United States. One exception is meat
products derived from traditional domesticated animals, such as cattle
and chickens, which fall under the jurisdiction of the United States Department
of Agriculture Food Safety and Inspection Service. Products which contain
minimal amounts of meat are regulated by FDA, and the exact boundaries
are listed in a memorandum of understanding between the two agencies.
However, medicines and other products given to all domesticated animals
are regulated by the FDA through a different branch, the Center for Veterinary
Medicine. Other consumables which are not regulated by the FDA include
beverages containing more than 7% alcohol (regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives in the Department of Justice),
and non-bottled drinking water (regulated by the United States Environmental
Protection Agency (EPA)). CFSAN's activities include establishing and
maintaining food standards, such as standards of identity (for example,
what the requirements are for a product to be labeled, "yogurt"). CFSAN
also sets the requirements for nutrition labeling of most foods. Both
food standards and nutrition labeling requirements are part of the Code
of Federal Regulations.
The Dietary Supplement Health and Education Act of 1994 mandated that
the FDA regulate dietary supplements as foods, rather than as drugs. Therefore,
dietary supplements are not subject to safety and efficacy testing and
there are no approval requirements. The FDA can take action against dietary
supplements only after they are proven to be unsafe. Manufacturers of
dietary supplements are permitted to make specific claims of health benefits,
referred to as "structure or function claims" on the labels of these products.
They may not claim to treat, diagnose, cure, or prevent disease and must
include a disclaimer on the label.
Bottled water is regulated in America by the FDA. State governments also
regulate bottled water. Tap water is regulated by state and local regulations,
as well as the United States EPA. FDA regulations of bottled water generally
follow the guidelines established by the EPA, and new EPA rules automatically
apply to bottled water if the FDA does not release an explicit new rule.[9]
Water bottlers in the US are subject to inspection similar to other food
firms, but quality controls for the bottled water industry are not nearly
as stringent as those for municipal water supplies.
Drugs
The Center for Drug Evaluation and Research has different requirements
for the three main types of drug products: new drugs, generic drugs and
over-the-counter drugs. A drug is considered "new" if it is made by a
different manufacturer, uses different excipients or inactive ingredients,
is used for a different purpose, or undergoes any substantial change.
The most rigorous requirements apply to "new molecular entities": drugs
which are not based on existing medications.
New
drugs
New drugs receive extensive scrutiny before FDA approval in a process
called a New Drug Application or NDA
(link). New drugs are available only by
prescription by default. A change to Over the Counter (OTC) status is
a separate process and the drug must be approved through an NDA first.
A drug that is approved is said to be "safe and effective when used as
directed."
Generic
drugs
Generic drugs are prescription drugs whose patent protection has expired,
and therefore may be manufactured and marketed by other companies. For
approval of a generic drug, the FDA requires scientific evidence that
the generic drug is interchangeable or therapeutically equivalent with
the originally approved drug.
Over-the-counter
drugs
Over-the-counter (OTC) drugs are drugs and combinations that do not require
a doctor's prescription. The FDA has a list of approximately 800 approved
ingredients that are combined in various ways to create more than 100,000
OTC drug products. Many OTC drug ingredients had been previously approved
prescription drugs now deemed safe enough for use without a medical practitioner's
supervision.
Vaccines,
blood and tissue products, and biotechnology
The Center for Biologics Evaluation and Research is the branch of the
FDA responsible for ensuring the safety and efficacy of biological therapeutic
agents. These include blood and blood products, vaccines, allergenic,
cell and tissue-based products, and gene therapy products. New biologics
are required to go through a pre-market approval process similar to that
for drugs. The original authority for government regulation of biological
products was established by the 1902 Biologics Control Act, with additional
authority established by the 1944 Public Health Service Act. Along with
these Acts, the Federal Food, Drug, and Cosmetic Act applies to all biologic
products as well. Originally, the entity responsible for regulation of
biological products resided under the National Institutes of Health; this
authority was transferred to the FDA in 1972.
Medical
and radiation-emitting devices
The Center for Devices and Radiological Health (CDRH) is the branch of
the FDA responsible for the premarket approval of all medical devices,
as well as overseeing the manufacturing, performance and safety of these
devices. The definition of a medical device is given in the FD&C Act,
and it includes products from the simple toothbrush to complex devices
such as implantable brain pacemakers. CDRH also oversees the safety performance
of non-medical devices which emit certain types of electromagnetic radiation.
Examples of CDRH-regulated devices include cellular phones, airport baggage
screening equipment, television receivers, microwave ovens, tanning booths,
and laser products. CDRH regulatory powers include the authority to require
certain technical reports from the manufacturers or importers of regulated
products, to require that radiation-emitting products meet mandatory safety
performance standards, to declare regulated products defective, and to
order the recall of defective or noncompliant products. CDRH also conducts
limited amounts of direct product testing.
Cosmetics
Cosmetics are regulated by the Center for Food Safety and Applied Nutrition,
the same branch of the FDA that regulates food. Cosmetic products are
not generally subject to pre-market approval by the FDA unless they make
"structure or function claims" which make them into drugs. However, all
color additives must be specifically approved by the FDA before they can
be included in cosmetic products sold in the U.S. The labeling of cosmetics
is regulated by the FDA, and cosmetics which have not been subjected to
thorough safety testing must bear a warning to that effect.
Veterinary
products
The Center for Veterinary Medicine (CVM) is the branch of the FDA which
regulates food, food additives, and drugs that are given to animals, including
food animals and pets. CVM does not regulate vaccines for animals; these
are handled by the USDA. CVM's primary focus is on medications that are
used in food animals and ensuring that they do not affect the human food
supply. The FDA's requirements to prevent the spread of Mad Cow Disease
are also administered by CVM through inspections of feed manufacturers.
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