Federal Food, Drug, and Cosmetic Act

The Federal Food, Drug, and Cosmetic Act (abbreviated as FFDCA, FDCA, or FD&C) is a set of laws passed by the United States Congress in 1938 giving authority to the Food and Drug Administration (FDA) to oversee the safety of food, drugs, medical devices, and cosmetics. The FDA's principal representative with members of congress during its drafting was Charles W. Crawford. A principal author of this law was Royal S. Copeland, a three-term U.S. senator from New York.Homeopathic Drugs, Royal Copeland, and Federal Drug Regulation In 1968, the Electronic Product Radiation Control provisions were added to the FD&C. Also in that year the FDA formed the Drug Efficacy Study Implementation (DESI) to incorporate into FD&C regulations the recommendations from a National Academy of Sciences investigation of effectiveness of previously marketed drugs.CDER – Time Line The act has been amended many times, most recently to add requirements about bioterrorism preparations.

The introduction of this act was influenced by the death of more than 100 patients due to elixir sulfanilamide, a sulfanilamide medication where the toxic solvent diethylene glycol was used to dissolve the drug and make a liquid form.ASHP Website : News Article It replaced the earlier Pure Food and Drug Act of 1906.

Contents

The FDC Act has ten chapters: I. Short Title II. Definitions 201(f) is the definition for a food, which explicitly includes chewing gum 201(g) is the definition for a drug 201(h) is the definition for a medical device 201(s) is the definition of a food additive 201(ff) is the definition of a dietary supplement III. Prohibited Acts and Penalties This section contains both civil law and criminal law clauses. Most violations under the act are civil, though repeated, intentional, and fraudulent violations are covered as criminal law. All violations of the FD&C Act require interstate commerce because of the commerce clause, but this is often interpreted broadly and few products other than raw produce are considered outside of the scope of the act. Notably, the FD&C Act uses strict liability due to the DotterweichUnited States v. Dotterweich, 320 U.S. 277 (1943) and ParkUNITED STATES V. PARK, 421 U. S. 658 (1975) – US Supreme Court Cases from Justia & Oyez Supreme Court cases. It is one of a very small number of criminal statutes that does. IV. Food There is a distinction in food adulteration between those that are added and those that are naturally present. Substances that are added are held to a stricter "may render (it) injurious to health" standard, whereas substances that are naturally present need only be at a level that "does not ordinarily render it injurious to health"FD&C Act Chapter IV V. Drugs and Devices 505 is the description of the drug approval process 510(k) is the section that allows for clearance of class II medical devices 515 is the description of the (class III) device approval process VI. Cosmetics VII. General Authority 704 allows inspections of regulated entities. Inspection results are reported on Form 483. VIII. Imports and Exports IX. Tobacco Products X. Miscellaneous

Food coloring The FD&C Act is perhaps best known to consumers because of its use in the naming of food coloring additives, such as "FD&C Yellow No. 6". The Act made the certification of some food color additives mandatory. The FDA lists nine FD&C (Food, Drugs & Cosmetics) certified color additives for use in foods in the United States, and numerous D&C (Drugs & Cosmetics) colorings allowed only in drugs for external application or cosmetics. Color additives derived from natural sources, such as vegetables, minerals or animals, and artificial counterparts of natural derivatives, are exempt from certification. Both artificial and naturally derived color additives are subject to rigorous standards of safety before their approval for use in foods.

Certifiable colors Name Common name Color Comment FD&C Blue No. 1 Brilliant blue FCF blue FD&C Blue No. 2 Indigo carmine indigo FD&C Green No. 3 Fast Green FCF green FD&C Red No. 3 Erythrosine pink Banned in the United States on January 15, 2025. FD&C Red No. 40 Allura Red AC red FD&C Yellow No. 5 Tartrazine yellow FD&C Yellow No. 6 Sunset Yellow FCF orange Orange B orange Restricted to specific uses Citrus Red No. 2 red Restricted to specific uses

Food additives The FFDCA requires producers of food additives to demonstrate to a reasonable certainty that no harm will result from the intended use of an additive. If the FDA finds an additive to be safe the agency issues a regulation specifying the conditions under which the additive may be safely used.

Definition of food additive A shortened definition of "food additive" is defined by the FDA as "any substance the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristic of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use); if such substance is not GRAS or sanctioned prior to 1958 or otherwise excluded from the definition of food additives." F.D.A. webpage "Food Ingredients and Packaging Terms" Page Last Updated: 02/28/2013 The full definition can be found in Section 201(s) of the FD&C Act, which provides for any additional exclusions. F.D.A. Regulatory Information webpage "FD&C Act Table of Contents and Chapters I and II: Short Title and Definitions" Page Last Updated: 01/19/2012

Homeopathic medications Homeopathic preparations are regulated and protected under Sections 201(g) and 201(j), provided that such medications are formulated from substances listed in the Homeopathic Pharmacopoeia of the United States, which the Act recognizes as an official drug compendium.

However, under separate authority of FTC Act, the Federal Trade Commission declared in November 2016 that homeopathic products cannot include claims of effectiveness without "competent and reliable scientific evidence". If no such evidence exists, they must state this fact clearly on their labeling.

Bottled water Bottled water is regulated by the FDA as a food. The Agency has published identity standards for types of water (mineral water, spring water), and regulations covering water processing and bottling, water quality and product labeling.Posnick, Lauren M. and Kim, Henry (2002). "Bottled Water Regulation and the FDA." Food Safety. August/September 2002. .FDA. "21 CFR Part 129 – Processing and Bottling of Bottled Drinking Water." Code of Federal Regulations.FDA. "21 CFR 165.110 – Requirements for Specific Standardized Beverages: Bottled Water." Code of Federal Regulations.

Cosmetics This Act defines cosmetics as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body ... for cleansing, beautifying, promoting attractiveness, or altering the appearance." Under the Act, the FDA does not approve cosmetic products, but the Act prohibits the marketing of adulterated or misbranded cosmetics. However, the FDA does not have the authority to order recalls of cosmetics. If a company is selling a product that is adulterated or misbranded, the FDA can ask the company to recall their product or sue them. The FDA can and does inspect cosmetics manufacturing facilities to ensure that cosmetics are not adulterated.

Medical devices

On May 28, 1976, the FD&C Act was amended to include regulation for medical devices.Staff, FDA. PMA Historical Background Last updated April 26, 2009 The amendment required that all medical devices be classified into one of three classes: Class I: Devices that do not require premarket approval or clearance but must follow general controls. Dental floss is a class I device. Class II: Devices that are cleared using the 510(k) process. Diagnostic tests, cardiac catheters, hearing aids, and dental amalgams are examples of class II devices. Class III: Devices that are approved by the premarket approval (PMA) process, analogous to a New Drug Application. These tend to be devices that are permanently implanted into a human body or may be necessary to sustain life. An artificial heart meets both criteria. The most commonly recognized class III device is an automated external defibrillator. Devices that do not meet either criterion are generally cleared as class II devices.

For devices that were marketed prior to the amendment (preamendment devices) and were classified as Class III, the amendment obligated the FDA to review the device to either reclassify it as a Class II device subject to premarket notification, or to require the device manufacturer to undergo the premarket authorization process and prove the safety and efficacy of the device in order to continue marketing it. Notable examples of such preamendment devices are those used for electroconvulsive therapy, which the FDA started reviewing in 2011.Duff Wilson for the New York Times. January 28, 2011 F.D.A. Panel Is Split on Electroshock Risks

Premarket notification (510(k), PMN)

Section 510(k) of the Federal Food, Drug, and Cosmetic Act requires those device manufacturers who must register to notify FDA, at least 90 days in advance, of their intent to market a medical device.

This is known as premarket notification, PMN, or 510(k). It allows FDA to determine whether the device is equivalent to a device already placed into one of the three classification categories. Thus, "new" devices (not in commercial distribution prior to May 28, 1976) that have not been classified can be properly identified.

Any device that reaches market via a 510(k) notification must be "substantially equivalent" to a device on the market prior to May 28, 1976 (a "predicate device"). If a device being submitted is significantly different, relative to a pre-1976 device, in terms of design, material, chemical composition, energy source, manufacturing process, or intended use, the device nominally must go through a premarket approval, or PMA.

A device that reaches market via the 510(k) process is not considered to be "approved" by the FDA. Nevertheless, it can be marketed and sold in the United States. They are generally referred to as "cleared" or "510(k) cleared" devices.

A 2011 study by Diana Zuckerman and Paul Brown of the National Research Center for Women and Families, and Steven Nissen of the Cleveland Clinic, published in the Archives of Internal Medicine, showed that most medical devices recalled in the last five years for "serious health problems or death" had been previously cleared by the FDA using the less stringent, and cheaper, 510(k) process. In a few cases the devices had been deemed so low-risk that they did not need FDA regulation. Of the 113 devices recalled, 35 were for cardiovascular issues.

Premarket approval (PMA)

Premarket approval (PMA) is the most stringent type of device marketing application required by FDA. Unlike the 510(k) pathway, the maker of the medical device must submit an application to the FDA and must receive approval prior to marketing the device.Staff, FDA Premarket Approval (PMA), last updated January 24, 2012

The PMA application contains information about how the medical device was designed and how it is manufactured, as well as preclinical and clinical studies of the device, demonstrating that it is safe and effective for its intended use.21 U.S.C. § 360e. Premarket approval Because the PMA requires a clinical trial it is significantly more expensive than a 510(k).Josh Makower, Aabed Meer, lyn Denend. November 2010 FDA Impact on US Medical Device Innovation – A Survey of Over 200 Medical Technology Companies

Automatic Class III designation (de novo classification)