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NPA Asks for Relief from Frivolous Lawsuits, Requests Clear Guidance on Supplement Labeling

NPA Asks for Relief from Frivolous Lawsuits, Requests Clear Guidance on Supplement Labeling

NPA Files Citizen Petition on BCAA Labeling

WASHINGTON, D.C. – The Natural Products Association (NPA) is requesting that the Food and Drug Administration amend the Federal Food Drug and Cosmetic Act (FDC Act) to allow for zero calorie labeling for branched chain amino acids (BCAAs).  Conflicting guidelines from the FDA have led to an increase in private litigation recently, creating more uncertainty in the industry for manufacturers, small businesses, and consumers.

In the citizen petition, NPA specifically requested:

  • that FDA revise the Nutrition Facts regulations to address the discrepancy between 21 CFR 101.36(b)(2) and 21 CFR 101.9 pertaining to providing caloric values for BCAAs on supplement labels.
  • that while the Agency works to make this revision, that an enforcement discretion policy be issued to allow for dietary supplement labels to include BCAAs without specifying caloric values for those ingredients.

“This is a commonsense short-term solution to provide our businesses with some relief from the increase in frivolous lawsuits we’ve seen recently,” said Daniel Fabricant, Ph.D. President and CEO of NPA.  “Clear and consistent guidance from the FDA is the best way to ensure that consumers can make the most informed decisions about their health.”

The full citizen petition can be viewed here.