Agency Information Collection Activities; Proposed Collection; Comment Request; Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act, 32215-32217 [2011-13813]
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32215
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN1
21 CFR Section
Number of
respondents
Number of
responses per
respondent
Total annual
responses
Average burden
per response (in
hours)
Total hours
190.6 ......................................................
55
1
55
20
1,100
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
The Agency believes that there will be
minimal burden on the industry to
generate data to meet the requirements
of the premarket notification program
because the Agency is requesting only
that information that the manufacturer
or distributor should already have
developed to satisfy itself that a dietary
supplement containing a new dietary
ingredient is in full compliance with the
FD&C Act. However, the Agency
estimates that extracting and
summarizing the relevant information
from the company’s files, and
presenting it in a format that will meet
the requirements of Section 413 of the
FD&C Act will require a burden of
approximately 20 hours of work per
submission.
The estimated number of premarket
notifications and hours per response is
an average based on the Agency’s
experience with notifications received
during the last 3 years and information
from firms that have submitted recent
premarket notifications. FDA received
77 notifications in 2008, 39 notifications
in 2009, and 48 notifications in 2010,
for an average of 55 notifications.
Accordingly, we estimate that 55
respondents will submit one premarket
notification each and that it will take a
respondent 20 hours to prepare the
notification, for a total of 1,100 hours.
Dated: May 26, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
ACTION:
Notice.
ACTION:
The Food and Drug
Administration (FDA) is announcing
that a collection of information entitled
‘‘Restaurant Menu and Vending Machine
Labeling: Registration for Small Chains
Under Section 4205 of the Patient
Protection and Affordable Care Act of
2010’’ has been approved by the Office
of Management and Budget (OMB)
under the Paperwork Reduction Act of
1995.
FOR FURTHER INFORMATION CONTACT:
Denver Presley, Office of Information
Management, Food and Drug
Administration, 1350 Piccard Dr., PI50–
400B, Rockville, MD 20850, 301–796–
3793.
SUPPLEMENTARY INFORMATION: In the
Federal Register of January 31, 2011 (76
FR 5384), the Agency announced that
the proposed information collection had
been submitted to OMB for review and
clearance under 44 U.S.C. 3507. An
agency may not conduct or sponsor, and
a person is not required to respond to,
a collection of information unless it
displays a currently valid OMB control
number. OMB has now approved the
information collection and has assigned
OMB control number 0910–0664. The
approval expires on April 30, 2013. A
copy of the supporting statement for this
information collection is available on
the Internet at https://www.reginfo.gov/
public/do/PRAMain.
SUMMARY:
Dated: May 19, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–13815 Filed 6–2–11; 8:45 am]
BILLING CODE 4160–01–P
[FR Doc. 2011–13814 Filed 6–2–11; 8:45 am]
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
BILLING CODE 4160–01–P
Food and Drug Administration
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
jlentini on DSK4TPTVN1PROD with NOTICES
[Docket No. FDA–2010–N–0564]
Food and Drug Administration
Agency Information Collection
Activities; Announcement of Office of
Management and Budget Approval;
Restaurant Menu and Vending Machine
Labeling; Registration for Small
Chains Under Section 4205 of the
Patient Protection and Affordable Care
Act of 2010
AGENCY:
Food and Drug Administration,
HHS.
VerDate Mar<15>2010
[Docket No. FDA–2011–N–0403]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Substantiation for
Dietary Supplement Claims Made
Under the Federal Food, Drug, and
Cosmetic Act
AGENCY:
Food and Drug Administration,
HHS.
17:08 Jun 02, 2011
Jkt 223001
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
Notice.
The Food and Drug
Administration (FDA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the Agency. Under the
Paperwork Reduction Act of 1995 (the
PRA), Federal Agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, and to allow 60 days for
public comment in response to the
notice. This notice solicits comments on
the information collection provisions of
the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) and the guidance
entitled ‘‘Guidance for Industry:
Substantiation for Dietary Supplement
Claims Made Under Section 403(r)(6) of
the Federal Food, Drug, and Cosmetic
Act.’’
DATES: Submit either electronic or
written comments on the collection of
information by August 2, 2011.
ADDRESSES: Submit electronic
comments on the collection of
information to https://
www.regulations.gov. Submit written
comments on the collection of
information to the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, Rm.
1061, Rockville, MD 20852. All
comments should be identified with the
docket number found in brackets in the
heading of this document.
FOR FURTHER INFORMATION CONTACT:
Denver Presley, Jr., Office of Information
Management, Food and Drug
Administration, 1350 Piccard Dr., PI50–
400B, Rockville, MD 20850, 301–796–
3793.
SUMMARY:
Under the
PRA (44 U.S.C. 3501–3520), Federal
Agencies must obtain approval from the
Office of Management and Budget
(OMB) for each collection of
information they conduct or sponsor.
‘‘Collection of information’’ is defined in
44 U.S.C. 3502(3) and 5 CFR 1320.3(c)
and includes Agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA (44 U.S.C.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03JNN1.SGM
03JNN1
32216
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
3506(c)(2)(A)) requires Federal Agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, FDA is publishing notice
of the proposed collection of
information set forth in this document.
With respect to the following
collection of information, FDA invites
comments on these topics: (1) Whether
the proposed collection of information
is necessary for the proper performance
of FDA’s functions, including whether
the information will have practical
utility; (2) the accuracy of FDA’s
estimate of the burden of the proposed
collection of information, including the
validity of the methodology and
assumptions used; (3) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
Substantiation for Dietary Supplement
Claims Made Under the Federal Food,
Drug, and Cosmetic Act—21 U.S.C.
343(r)(6) (OMB Control Number 0910–
0626)—Extension
Section 403(r)(6) of the FD&C Act (21
U.S.C. 343(r)(6)) requires that a
manufacturer of a dietary supplement
making a nutritional deficiency,
structure/function, or general well-being
claim have substantiation that the
statement is truthful and not
misleading. Under section 403(r)(6)(A)
of the FD&C Act, such a statement is one
that ‘‘claims a benefit related to a
classical nutrient deficiency disease and
The standard discussed in the
guidance for substantiation of a claim
on the labeling of a dietary supplement
is consistent with standards set by the
Federal Trade Commission for dietary
supplements and other health-related
products that the claim be based on
competent and reliable scientific
evidence. This evidence standard is
broad enough that some dietary
supplement manufacturers may only
need to collect peer-reviewed scientific
journal articles to substantiate their
claims; other dietary supplement
manufacturers whose products have
properties that are less well documented
may have to conduct studies to build a
body of evidence to support their
claims. It is unlikely that a dietary
supplement manufacturer will attempt
to make a claim when the cost of
obtaining the evidence to support the
claim outweighs the benefits of having
the claim on the product’s label. It is
likely that manufacturers will seek
substantiation for their claims in the
scientific literature.
The time it takes to assemble the
necessary scientific information to
support their claims depends on the
product and the claimed benefits. If the
product is one of several on the market
making a particular claim for which
there is adequate publicly available and
widely established evidence supporting
the claim, then the time to gather
supporting data will be minimal; if the
product is the first of its kind to make
a particular claim or the evidence
supporting the claim is less publicly
available or not widely established, then
gathering the appropriate scientific
evidence to substantiate the claim will
be more time consuming.
FDA estimates the burden of this
collection of information as follows:
discloses the prevalence of such disease
in the United States [(U.S.)], describes
the role of a nutrient or dietary
ingredient intended to affect the
structure or function in humans,
characterizes the documented
mechanism by which a nutrient or
dietary ingredient acts to maintain such
structure or function, or describes
general well-being from consumption
for a nutrient or dietary ingredient.’’
The guidance document entitled
‘‘Substantiation for Dietary Supplement
Claims Made Under Section 403(r)(6) of
the Federal Food, Drug, and Cosmetic
Act’’ provides FDA’s recommendations
to manufacturers about the amount,
type, and quality of evidence they
should have to substantiate a claim
under section 403(r)(6). The guidance
does not discuss the types of claims that
can be made concerning the effect of a
dietary supplement on the structure or
function of the body, nor does it discuss
criteria to determine when a statement
about a dietary supplement is a disease
claim. The guidance document is
intended to assist manufacturers in their
efforts to comply with section 403(r)(6).
Persons with access to the Internet may
obtain the guidance at https://
www.cfsan.fda.gov/∼dms/
guidance.html.
Dietary supplement manufacturers
collect the necessary substantiating
information for their product as
required by section 403(r)(6). The
guidance provides information to
manufacturers to assist them in doing
so. The recommendations contained in
the guidance are voluntary. Dietary
supplement manufacturers will only
need to collect information to
substantiate their product’s nutritional
deficiency, structure/function, or
general well-being claim if they choose
to place a claim on their product’s label.
TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1
No. of
respondents
Claim type
No. of
responses per
respondent
Total annual
responses
Average
burden per
response (in
hours)
Total hours
Widely known, established ..................................................
Pre-existing, not widely established ....................................
Novel ....................................................................................
667
667
667
1
1
1
667
667
667
44
120
120
29,348
80,040
80,040
Total ..............................................................................
........................
........................
........................
........................
189,428
jlentini on DSK4TPTVN1PROD with NOTICES
1 There
are no capital costs or operating and maintenance costs associated with this collection of information.
FDA assumes that it will take 44
hours to assemble information needed
to substantiate a claim on a particular
dietary supplement when the claim is
widely known and established. FDA
believes it will take closer to 120 hours
VerDate Mar<15>2010
15:49 Jun 02, 2011
Jkt 223001
to assemble supporting scientific
information when the claim is novel or
when the claim is pre-existing but the
scientific underpinnings of the claim are
not widely established. These are claims
that may be based on emerging science,
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
where conducting literature searches
and understanding the literature takes
time. It is also possible that references
for claims made for some dietary
ingredients or dietary supplements may
primarily be found in foreign journals
E:\FR\FM\03JNN1.SGM
03JNN1
Federal Register / Vol. 76, No. 107 / Friday, June 3, 2011 / Notices
and in foreign languages or in the older,
classical literature where it is not
available on computerized literature
databases or in the major scientific
reference databases, such as the
National Library of Medicine’s literature
database, all of which increases the time
of obtaining substantiation.
In the Federal Register of January 6,
2000 (65 FR 1000), FDA published a
final rule on statements made for dietary
supplements concerning the effect of the
product on the structure or function of
the body. FDA estimated that there were
29,000 dietary supplement products
marketed in the U.S. (65 FR 1000 at
1045). Assuming that the flow of new
products is 10 percent per year, then
2,900 new dietary supplement products
will come on the market each year. The
structure/function final rule estimated
that about 69 percent of dietary
supplements have a claim on their
labels, most probably a structure/
function claim (65 FR 1000 at 1046).
Therefore, we assume that supplement
manufacturers will need time to
assemble the evidence to substantiate
each of the 2,001 claims (2,900 × 69
percent) made each year. If we assume
that the 2,001 claims are equally likely
to be pre-existing widely established
claims, novel claims, or pre-existing
claims that are not widely established,
then we can expect 667 of each of these
types of claims to be substantiated per
year. Table 1 of this document shows
that the annual burden hours associated
with assembling evidence for claims is
189,428 (the sum of 667 × 44 hours, 667
× 120 hours, and 667 × 120 hours).
Dated: May 26, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–13813 Filed 6–2–11; 8:45 am]
jlentini on DSK4TPTVN1PROD with NOTICES
BILLING CODE 4160–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA–2011–N–0067]
Agency Information Collection
Activities; Submission for Office of
Management and Budget Review;
Comment Request; Data To Support
Drug Product Communications, as
Used by the Food and Drug
Administration
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Notice.
The Food and Drug
Administration (FDA) is announcing
that a proposed collection of
information has been submitted to the
Office of Management and Budget
(OMB) for review and clearance under
the Paperwork Reduction Act of 1995.
DATES: Fax written comments on the
collection of information by July 5,
2011.
ADDRESSES: To ensure that comments on
the information collection are received,
OMB recommends that written
comments be faxed to the Office of
Information and Regulatory Affairs,
OMB, Attn: FDA Desk Officer, Fax: 202–
395–7285, or e-mailed to
oira_submission@omb.eop.gov. All
comments should be identified with the
OMB control number 0910–NEW and
title ‘‘Data to Support Drug Product
Communications, as Used by the Food
and Drug Administration.’’ Also include
the FDA docket number found in
brackets in the heading of this
document.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Berbakos, Office of
Information Management, Food and
Drug Administration, 1350 Piccard Dr.,
PI50–400B, Rockville, MD 20850, 301–
796–3792,
Elizabeth.Berbakos@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: In
compliance with 44 U.S.C. 3507, FDA
has submitted the following proposed
collection of information to OMB for
review and clearance.
SUMMARY:
Data To Support Drug Product
Communications, as Used by the Food
and Drug Administration—(OMB
Control Number 0910–NEW)
Testing of communication messages
in advance of a communication
VerDate Mar<15>2010
15:49 Jun 02, 2011
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Frm 00083
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Sfmt 4703
32217
campaign provides an important role in
improving FDA communications as they
allow for an indepth understanding of
individuals’ attitudes, beliefs,
motivations, and feelings. The methods
to be employed include individual
indepth interviews, general public focus
group interviews, intercept interviews,
self-administered surveys, gatekeeper
surveys, and professional clinician
focus group interviews. The methods to
be used serve the narrowly defined need
for direct and informal opinion on a
specific topic and, as a qualitative
research tool, have two major purposes:
• To obtain information that is useful
for developing variables and measures
for formulating the basic objectives of
risk communication campaigns and
• To assess the potential effectiveness
of messages and materials in reaching
and successfully communicating with
their intended audiences.
FDA will use these methods to test
and refine its ideas and to help develop
messages and other communications but
will generally conduct further research
before making important decisions, such
as adopting new policies and allocating
or redirecting significant resources to
support these policies.
FDA’s Center for Drug Evaluation and
Research, Center for Biologics
Evaluation and Research, Office of the
Commissioner, and any other Centers or
Offices will use this mechanism to test
messages about regulated drug products
on a variety of subjects related to
consumer, patient, or health care
professional perceptions and about use
of drug products and related materials,
including but not limited to, direct-toconsumer prescription drug promotion,
physician labeling of prescription drugs,
Medication Guides, over-the-counter
drug labeling, emerging risk
communications, patient labeling,
online sale of medical products, and
consumer and professional education.
In the Federal Register of February 8,
2011 (76 FR 6800), FDA published a 60day notice requesting public comment
on the proposed collection of
information. No comments were
received.
FDA estimates the burden of this
collection of information as follows:
E:\FR\FM\03JNN1.SGM
03JNN1
Agencies
[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Notices]
[Pages 32215-32217]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13813]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
[Docket No. FDA-2011-N-0403]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Substantiation for Dietary Supplement Claims Made
Under the Federal Food, Drug, and Cosmetic Act
AGENCY: Food and Drug Administration, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
provisions of the Federal Food, Drug, and Cosmetic Act (the FD&C Act)
and the guidance entitled ``Guidance for Industry: Substantiation for
Dietary Supplement Claims Made Under Section 403(r)(6) of the Federal
Food, Drug, and Cosmetic Act.''
DATES: Submit either electronic or written comments on the collection
of information by August 2, 2011.
ADDRESSES: Submit electronic comments on the collection of information
to https://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.
FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850, 301-796-3793.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C.
[[Page 32216]]
3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in
the Federal Register concerning each proposed collection of
information, including each proposed extension of an existing
collection of information, before submitting the collection to OMB for
approval. To comply with this requirement, FDA is publishing notice of
the proposed collection of information set forth in this document.
With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
Substantiation for Dietary Supplement Claims Made Under the Federal
Food, Drug, and Cosmetic Act--21 U.S.C. 343(r)(6) (OMB Control Number
0910-0626)--Extension
Section 403(r)(6) of the FD&C Act (21 U.S.C. 343(r)(6)) requires
that a manufacturer of a dietary supplement making a nutritional
deficiency, structure/function, or general well-being claim have
substantiation that the statement is truthful and not misleading. Under
section 403(r)(6)(A) of the FD&C Act, such a statement is one that
``claims a benefit related to a classical nutrient deficiency disease
and discloses the prevalence of such disease in the United States
[(U.S.)], describes the role of a nutrient or dietary ingredient
intended to affect the structure or function in humans, characterizes
the documented mechanism by which a nutrient or dietary ingredient acts
to maintain such structure or function, or describes general well-being
from consumption for a nutrient or dietary ingredient.''
The guidance document entitled ``Substantiation for Dietary
Supplement Claims Made Under Section 403(r)(6) of the Federal Food,
Drug, and Cosmetic Act'' provides FDA's recommendations to
manufacturers about the amount, type, and quality of evidence they
should have to substantiate a claim under section 403(r)(6). The
guidance does not discuss the types of claims that can be made
concerning the effect of a dietary supplement on the structure or
function of the body, nor does it discuss criteria to determine when a
statement about a dietary supplement is a disease claim. The guidance
document is intended to assist manufacturers in their efforts to comply
with section 403(r)(6). Persons with access to the Internet may obtain
the guidance at https://www.cfsan.fda.gov/~dms/guidance.html.
Dietary supplement manufacturers collect the necessary
substantiating information for their product as required by section
403(r)(6). The guidance provides information to manufacturers to assist
them in doing so. The recommendations contained in the guidance are
voluntary. Dietary supplement manufacturers will only need to collect
information to substantiate their product's nutritional deficiency,
structure/function, or general well-being claim if they choose to place
a claim on their product's label.
The standard discussed in the guidance for substantiation of a
claim on the labeling of a dietary supplement is consistent with
standards set by the Federal Trade Commission for dietary supplements
and other health-related products that the claim be based on competent
and reliable scientific evidence. This evidence standard is broad
enough that some dietary supplement manufacturers may only need to
collect peer-reviewed scientific journal articles to substantiate their
claims; other dietary supplement manufacturers whose products have
properties that are less well documented may have to conduct studies to
build a body of evidence to support their claims. It is unlikely that a
dietary supplement manufacturer will attempt to make a claim when the
cost of obtaining the evidence to support the claim outweighs the
benefits of having the claim on the product's label. It is likely that
manufacturers will seek substantiation for their claims in the
scientific literature.
The time it takes to assemble the necessary scientific information
to support their claims depends on the product and the claimed
benefits. If the product is one of several on the market making a
particular claim for which there is adequate publicly available and
widely established evidence supporting the claim, then the time to
gather supporting data will be minimal; if the product is the first of
its kind to make a particular claim or the evidence supporting the
claim is less publicly available or not widely established, then
gathering the appropriate scientific evidence to substantiate the claim
will be more time consuming.
FDA estimates the burden of this collection of information as
follows:
Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
No. of Average burden
Claim type No. of responses per Total annual per response Total hours
respondents respondent responses (in hours)
----------------------------------------------------------------------------------------------------------------
Widely known, established....... 667 1 667 44 29,348
Pre-existing, not widely 667 1 667 120 80,040
established....................
Novel........................... 667 1 667 120 80,040
-------------------------------------------------------------------------------
Total....................... .............. .............. .............. .............. 189,428
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
information.
FDA assumes that it will take 44 hours to assemble information
needed to substantiate a claim on a particular dietary supplement when
the claim is widely known and established. FDA believes it will take
closer to 120 hours to assemble supporting scientific information when
the claim is novel or when the claim is pre-existing but the scientific
underpinnings of the claim are not widely established. These are claims
that may be based on emerging science, where conducting literature
searches and understanding the literature takes time. It is also
possible that references for claims made for some dietary ingredients
or dietary supplements may primarily be found in foreign journals
[[Page 32217]]
and in foreign languages or in the older, classical literature where it
is not available on computerized literature databases or in the major
scientific reference databases, such as the National Library of
Medicine's literature database, all of which increases the time of
obtaining substantiation.
In the Federal Register of January 6, 2000 (65 FR 1000), FDA
published a final rule on statements made for dietary supplements
concerning the effect of the product on the structure or function of
the body. FDA estimated that there were 29,000 dietary supplement
products marketed in the U.S. (65 FR 1000 at 1045). Assuming that the
flow of new products is 10 percent per year, then 2,900 new dietary
supplement products will come on the market each year. The structure/
function final rule estimated that about 69 percent of dietary
supplements have a claim on their labels, most probably a structure/
function claim (65 FR 1000 at 1046). Therefore, we assume that
supplement manufacturers will need time to assemble the evidence to
substantiate each of the 2,001 claims (2,900 x 69 percent) made each
year. If we assume that the 2,001 claims are equally likely to be pre-
existing widely established claims, novel claims, or pre-existing
claims that are not widely established, then we can expect 667 of each
of these types of claims to be substantiated per year. Table 1 of this
document shows that the annual burden hours associated with assembling
evidence for claims is 189,428 (the sum of 667 x 44 hours, 667 x 120
hours, and 667 x 120 hours).
Dated: May 26, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-13813 Filed 6-2-11; 8:45 am]
BILLING CODE 4160-01-P