The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition (CFSAN) regulates most natural products, ranging from conventional foods and dietary supplements to cosmetics, with respect to public health. FDA is statutorily empowered to provide administrative guidance on the Federal Food Drug and Cosmetic Act’s broad mandates and to enforce the Act through administrative actions. FDA can draft and finalize guidance, which is their thinking on a particular topic. They can issue draft and final regulations, which have the same force as Congressional law, through a public notice and comment rule-making process. They can issue advisory actions in the form of untitled letters and warning letters to achieve voluntary compliance and to establish prior notice. Finally, FDA can coordinate with the Department of Justice to enforce the Federal Food, Drug, and Cosmetic Act with final agency action through product seizures, injunctions, civil penalty proceedings, or criminal prosecutions.
The Federal Trade Commission (FTC) is tasked with consumer protection by eliminating unfair or deceptive acts or practices. While FDA is concerned with labeling of products, FTC is the primary agency overseeing the marketing and advertising of Federal Food, Drug, and Cosmetic Act (FFDCA)-regulated products.