Functional Ingredients

CRN has 'very constructive' meeting with FDA on NDI issue

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The Council for Responsible Nutrition (CRN) recently discussed its concerns about the New Dietary Ingredients draft guidance with the FDA. Although the issue has inflamed industry, CRN President Steve Mister said it is still possible to negotiate with the agency.

A meeting between the U.S. Food and Drug Administration (FDA) and the Council for Responsible Nutrition on the subject of the draft New Dietary Ingredients (NDI) guidance was called “very constructive” by one of the participants, Steve Mister, president and CEO for CRN.

The on-record meeting, which took place Tuesday, Feb. 7, included a number of FDA officials, chief among them Mike Landa, director of FDA’s Center for Food Safety and Applied Nutrition (CFSAN). FDA’s Office of Dietary Supplements, the authors of the draft NDI guidance, falls under Landa’s jurisdiction.

FDA also had a meeting recently on the NDI issue with Sens. Orrin Hatch, (R-UT) and Tom Harkin, (D-IA), the authors of the Dietary Supplement Health and Education Act (DSHEA).

“What we found is that there is an opportunity for a constructive dialogue with the agency,” Mister said. “We had an extensive presentation about our views on the NDI guidance. We summarized what we had put in the written comments.”

CRN’s written comments on the draft NDI guidance, like the comments from other industry sources, were submitted to the federal docket prior to the Dec. 2, 2011 deadline.

Mister said that there was a frank back-and-forth on CRN’s position during the meeting.

“They asked questions. They probed some of the things we said to see if we could back them up,” he said. “I think there is an appreciation of the industry’s position now. I felt that there was genuine interest and concern in the industry’s viewpoint, and that they were interested in understanding why we took the position that we did.

“I am concerned that the message that industry might be getting is that it is time to take up arms. And I don’t think that’s the case,” he said.

Discuss this article 3

I am not optimistic the FDA will deal fairly. They need to trash the written guidance and start over WITH the industry - all trade organizations - at the table. The FDA's actions have not led to my confidence in them.

By Anonymous (not verified)  on Feb 9, 2012

Do not trust anyone who says we can negotiate with the FDA. There is no part of NDI that is acceptable or negotiable. In any form is destroys innovation and eliminates many products from the store shelf, and annihilates the industry financially. I remember Chamberlain returning from Germany to say to Britain that he had reached an agreement with the Nazi's. The FDA is not only an outside-the-law organization but its policies cause many thousands to die needlessly.

By Bill Sardi (not verified)  on Feb 10, 2012

It is a good sign that the head of CFSAN was at this meeting. It means that the concerns of industry have reached up the chain of command. After the dust settles, maybe years from now, there will have to be some sort of NDI process in place, and FDA will be the agency charged with enforcing it. I don't think anyone is talking about backing down. The more pressure that can be brought to bear, the greater the likelihood of a negotiated solution both sides can live with. Abandoning the negotiation path puts most of the cards in FDA's hands, it seems to me.

By Hank Schultz  on Feb 10, 2012
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