82_FR_51638 82 FR 51425 - Agency Information Collection Activities; Proposed Collection; Comment Request; Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act

82 FR 51425 - Agency Information Collection Activities; Proposed Collection; Comment Request; Substantiation for Dietary Supplement Claims Made Under the Federal Food, Drug, and Cosmetic Act

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 82, Issue 213 (November 6, 2017)

Page Range51425-51427
FR Document2017-24123

The Food and Drug Administration (FDA or Agency) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (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.''

Federal Register, Volume 82 Issue 213 (Monday, November 6, 2017)
[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51425-51427]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24123]



[[Page 51425]]

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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 or Agency) is announcing 
an opportunity for public comment on the proposed collection of certain 
information by the Agency. Under the Paperwork Reduction Act of 1995 
(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 January 5, 2018.

ADDRESSES: You may submit comments as follows. Please note that late, 
untimely filed comments will not be considered. Electronic comments 
must be submitted on or before January 5, 2018. The https://www.regulations.gov electronic filing system will accept comments until 
midnight Eastern Time at the end of January 5, 2018. Comments received 
by mail/hand delivery/courier (for written/paper submissions) will be 
considered timely if they are postmarked or the delivery service 
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2011-N-0403 for ``Substantiation for Dietary Supplement Claims Made 
Under the Federal Food, Drug, and Cosmetic Act.'' Received comments, 
those filed in a timely manner (see ADDRESSES), will be placed in the 
docket and, except for those submitted as ``Confidential Submissions,'' 
publicly viewable at https://www.regulations.gov or at the Dockets 
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila Mizrachi, Office of Operations, 
Food and Drug Administration, Three White Flint North, 10A-12M, 11601 
Landsdown St., North Bethesda, MD 20852, 301-796-7726, 
[email protected].

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. 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.

[[Page 51426]]

    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

    This information collection supports Agency regulations and 
associated guidance. Specifically, 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 claim is truthful 
and not misleading. A nutritional deficiency claim states a benefit 
related to a classical nutrient deficiency disease and states how often 
the disease occurs in the United States. A structure/function claim 
describes the role of a nutrient or dietary ingredient intended to 
affect the structure or function in humans or characterizes how a 
nutrient or dietary ingredient acts to maintain such structure or 
function. A general well-being claim describes general well-being from 
consumption of 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 our recommendations to manufacturers 
about the amount, type, and quality of evidence they should have to 
substantiate a claim under section 403(r)(6) of the FD&C Act. 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) of the FD&C Act. Persons with access to the 
internet may obtain the guidance at https://www.fda.gov/FoodGuidances.
    Dietary supplement manufacturers collect the necessary 
substantiating information for their product as required by section 
403(r)(6) of the FD&C Act. 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 Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
           Claim type                Number of      records per    Total annual     burden per     Total  hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Widely known, established.......             667               1             667              44          29,348
Preexisting, 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.

    We have retained the currently approved burden estimate for the 
information collection. Based on our experience with the collection, we 
estimate 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. We believe it will take closer to 120 
hours to assemble supporting scientific information when the claim is 
novel or when the claim is preexisting 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 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.

[[Page 51427]]

    In the Federal Register of January 6, 2000 (65 FR 1000), we 
published a final rule (the `structure/function final rule) on 
statements made for dietary supplements concerning the effect of the 
product on the structure or function of the body. In that final rule, 
we estimated that there were 29,000 dietary supplement products 
marketed in the United States (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 
preexisting widely established claims, novel claims, or preexisting 
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: October 31, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24123 Filed 11-3-17; 8:45 am]
 BILLING CODE 4164-01-P



                                                                           Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices                                           51425

                                               DEPARTMENT OF HEALTH AND                                the docket unchanged. Because your                    redacted/blacked out, will be available
                                               HUMAN SERVICES                                          comment will be made public, you are                  for public viewing and posted on
                                                                                                       solely responsible for ensuring that your             https://www.regulations.gov. Submit
                                               Food and Drug Administration                            comment does not include any                          both copies to the Dockets Management
                                                                                                       confidential information that you or a                Staff. If you do not wish your name and
                                               [Docket No. FDA–2011–N–0403]
                                                                                                       third party may not wish to be posted,                contact information to be made publicly
                                               Agency Information Collection                           such as medical information, your or                  available, you can provide this
                                               Activities; Proposed Collection;                        anyone else’s Social Security number, or              information on the cover sheet and not
                                               Comment Request; Substantiation for                     confidential business information, such               in the body of your comments and you
                                               Dietary Supplement Claims Made                          as a manufacturing process. Please note
                                                                                                                                                             must identify this information as
                                               Under the Federal Food, Drug, and                       that if you include your name, contact
                                                                                                                                                             ‘‘confidential.’’ Any information marked
                                               Cosmetic Act                                            information, or other information that
                                                                                                       identifies you in the body of your                    as ‘‘confidential’’ will not be disclosed
                                                                                                       comments, that information will be                    except in accordance with 21 CFR 10.20
                                               AGENCY:    Food and Drug Administration,
                                               HHS.                                                    posted on https://www.regulations.gov.                and other applicable disclosure law. For
                                                                                                         • If you want to submit a comment                   more information about FDA’s posting
                                               ACTION:   Notice.                                                                                             of comments to public dockets, see 80
                                                                                                       with confidential information that you
                                               SUMMARY:   The Food and Drug                            do not wish to be made available to the               FR 56469, September 18, 2015, or access
                                               Administration (FDA or Agency) is                       public, submit the comment as a                       the information at: https://www.gpo.gov/
                                               announcing an opportunity for public                    written/paper submission and in the                   fdsys/pkg/FR-2015-09-18/pdf/2015-
                                               comment on the proposed collection of                   manner detailed (see ‘‘Written/Paper                  23389.pdf.
                                               certain information by the Agency.                      Submissions’’ and ‘‘Instructions’’).                     Docket: For access to the docket to
                                               Under the Paperwork Reduction Act of                    Written/Paper Submissions                             read background documents or the
                                               1995 (PRA), Federal Agencies are                                                                              electronic and written/paper comments
                                               required to publish notice in the                          Submit written/paper submissions as
                                                                                                       follows:                                              received, go to https://
                                               Federal Register concerning each                                                                              www.regulations.gov and insert the
                                               proposed collection of information,                        • Mail/Hand delivery/Courier (for
                                                                                                       written/paper submissions): Dockets                   docket number, found in brackets in the
                                               including each proposed extension of an                                                                       heading of this document, into the
                                               existing collection of information, and                 Management Staff (HFA–305), Food and
                                                                                                       Drug Administration, 5630 Fishers                     ‘‘Search’’ box and follow the prompts
                                               to allow 60 days for public comment in
                                                                                                       Lane, Rm. 1061, Rockville, MD 20852.                  and/or go to the Dockets Management
                                               response to the notice. This notice
                                               solicits comments on the information                       • For written/paper comments                       Staff, 5630 Fishers Lane, Rm. 1061,
                                                                                                       submitted to the Dockets Management                   Rockville, MD 20852.
                                               collection provisions of the Federal
                                               Food, Drug, and Cosmetic Act (the                       Staff, FDA will post your comment, as
                                                                                                       well as any attachments, except for                   FOR FURTHER INFORMATION CONTACT:   Ila
                                               FD&C Act) and the guidance entitled                                                                           Mizrachi, Office of Operations, Food
                                                                                                       information submitted, marked and
                                               ‘‘Guidance for Industry: Substantiation                                                                       and Drug Administration, Three White
                                                                                                       identified, as confidential, if submitted
                                               for Dietary Supplement Claims Made                                                                            Flint North, 10A–12M, 11601
                                                                                                       as detailed in ‘‘Instructions.’’
                                               Under Section 403(r)(6) of the Federal                                                                        Landsdown St., North Bethesda, MD
                                                                                                          Instructions: All submissions received
                                               Food, Drug, and Cosmetic Act.’’                                                                               20852, 301–796–7726, PRAStaff@
                                                                                                       must include the Docket No. FDA–
                                               DATES: Submit either electronic or                      2011–N–0403 for ‘‘Substantiation for                  fda.hhs.gov.
                                               written comments on the collection of                   Dietary Supplement Claims Made Under
                                               information by January 5, 2018.                         the Federal Food, Drug, and Cosmetic                  SUPPLEMENTARY INFORMATION:      Under the
                                               ADDRESSES: You may submit comments                      Act.’’ Received comments, those filed in              PRA (44 U.S.C. 3501–3520), Federal
                                               as follows. Please note that late,                      a timely manner (see ADDRESSES), will                 Agencies must obtain approval from the
                                               untimely filed comments will not be                     be placed in the docket and, except for               Office of Management and Budget
                                               considered. Electronic comments must                    those submitted as ‘‘Confidential                     (OMB) for each collection of
                                               be submitted on or before January 5,                    Submissions,’’ publicly viewable at                   information they conduct or sponsor.
                                               2018. The https://www.regulations.gov                   https://www.regulations.gov or at the                 ‘‘Collection of information’’ is defined
                                               electronic filing system will accept                    Dockets Management Staff between 9                    in 44 U.S.C. 3502(3) and 5 CFR
                                               comments until midnight Eastern Time                    a.m. and 4 p.m., Monday through                       1320.3(c) and includes Agency requests
                                               at the end of January 5, 2018. Comments                 Friday.                                               or requirements that members of the
                                               received by mail/hand delivery/courier                     • Confidential Submissions—To                      public submit reports, keep records, or
                                               (for written/paper submissions) will be                 submit a comment with confidential                    provide information to a third party.
                                               considered timely if they are                           information that you do not wish to be                Section 3506(c)(2)(A) of the PRA (44
                                               postmarked or the delivery service                      made publicly available, submit your                  U.S.C. 3506(c)(2)(A)) requires Federal
                                               acceptance receipt is on or before that                 comments only as a written/paper                      Agencies to provide a 60-day notice in
                                               date.                                                   submission. You should submit two                     the Federal Register concerning each
                                                                                                       copies total. One copy will include the               proposed collection of information,
                                               Electronic Submissions
                                                                                                       information you claim to be confidential              including each proposed extension of an
Pmangrum on DSK3GDR082PROD with NOTICES




                                                 Submit electronic comments in the                     with a heading or cover note that states              existing collection of information,
                                               following way:                                          ‘‘THIS DOCUMENT CONTAINS                              before submitting the collection to OMB
                                                 • Federal eRulemaking Portal:                         CONFIDENTIAL INFORMATION.’’ The                       for approval. To comply with this
                                               https://www.regulations.gov. Follow the                 Agency will review this copy, including
                                                                                                                                                             requirement, FDA is publishing notice
                                               instructions for submitting comments.                   the claimed confidential information, in
                                                                                                                                                             of the proposed collection of
                                               Comments submitted electronically,                      its consideration of comments. The
                                                                                                                                                             information set forth in this document.
                                               including attachments, to https://                      second copy, which will have the
                                               www.regulations.gov will be posted to                   claimed confidential information


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                                               51426                                 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices

                                                  With respect to the following                                           humans or characterizes how a nutrient                                      on the labeling of a dietary supplement
                                               collection of information, FDA invites                                     or dietary ingredient acts to maintain                                      is consistent with standards set by the
                                               comments on these topics: (1) Whether                                      such structure or function. A general                                       Federal Trade Commission for dietary
                                               the proposed collection of information                                     well-being claim describes general well-                                    supplements and other health-related
                                               is necessary for the proper performance                                    being from consumption of a nutrient or                                     products that the claim be based on
                                               of FDA’s functions, including whether                                      dietary ingredient.                                                         competent and reliable scientific
                                               the information will have practical                                           The guidance document entitled                                           evidence. This evidence standard is
                                               utility; (2) the accuracy of FDA’s                                         ‘‘Substantiation for Dietary Supplement                                     broad enough that some dietary
                                               estimate of the burden of the proposed                                     Claims Made Under Section 403(r)(6) of                                      supplement manufacturers may only
                                               collection of information, including the                                   the Federal Food, Drug, and Cosmetic                                        need to collect peer-reviewed scientific
                                               validity of the methodology and                                            Act’’ provides our recommendations to                                       journal articles to substantiate their
                                               assumptions used; (3) ways to enhance                                      manufacturers about the amount, type,                                       claims; other dietary supplement
                                               the quality, utility, and clarity of the                                   and quality of evidence they should                                         manufacturers whose products have
                                               information to be collected; and (4)                                       have to substantiate a claim under                                          properties that are less well documented
                                               ways to minimize the burden of the                                         section 403(r)(6) of the FD&C Act. The                                      may have to conduct studies to build a
                                               collection of information on                                               guidance does not discuss the types of                                      body of evidence to support their
                                               respondents, including through the use                                     claims that can be made concerning the                                      claims. It is unlikely that a dietary
                                               of automated collection techniques,                                        effect of a dietary supplement on the                                       supplement manufacturer will attempt
                                               when appropriate, and other forms of                                       structure or function of the body, nor                                      to make a claim when the cost of
                                               information technology.                                                    does it discuss criteria to determine                                       obtaining the evidence to support the
                                               Substantiation for Dietary Supplement                                      when a statement about a dietary                                            claim outweighs the benefits of having
                                               Claims Made Under the Federal Food,                                        supplement is a disease claim. The                                          the claim on the product’s label. It is
                                               Drug, and Cosmetic Act—21 U.S.C.                                           guidance document is intended to assist                                     likely that manufacturers will seek
                                               343(r)(6)                                                                  manufacturers in their efforts to comply                                    substantiation for their claims in the
                                                                                                                          with section 403(r)(6) of the FD&C Act.                                     scientific literature.
                                               OMB Control Number 0910–0626—                                              Persons with access to the internet may                                        The time it takes to assemble the
                                               Extension                                                                  obtain the guidance at https://                                             necessary scientific information to
                                                 This information collection supports                                     www.fda.gov/FoodGuidances.                                                  support their claims depends on the
                                               Agency regulations and associated                                             Dietary supplement manufacturers                                         product and the claimed benefits. If the
                                               guidance. Specifically, section 403(r)(6)                                  collect the necessary substantiating                                        product is one of several on the market
                                               of the FD&C Act (21 U.S.C. 343(r)(6))                                      information for their product as                                            making a particular claim for which
                                               requires that a manufacturer of a dietary                                  required by section 403(r)(6) of the                                        there is adequate publicly available and
                                               supplement making a nutritional                                            FD&C Act. The guidance provides                                             widely established evidence supporting
                                               deficiency, structure/function, or                                         information to manufacturers to assist                                      the claim, then the time to gather
                                               general well-being claim have                                              them in doing so. The recommendations                                       supporting data will be minimal; if the
                                               substantiation that the claim is truthful                                  contained in the guidance are voluntary.                                    product is the first of its kind to make
                                               and not misleading. A nutritional                                          Dietary supplement manufacturers will                                       a particular claim or the evidence
                                               deficiency claim states a benefit related                                  only need to collect information to                                         supporting the claim is less publicly
                                               to a classical nutrient deficiency disease                                 substantiate their product’s nutritional                                    available or not widely established, then
                                               and states how often the disease occurs                                    deficiency, structure/function, or                                          gathering the appropriate scientific
                                               in the United States. A structure/                                         general well-being claim if they choose                                     evidence to substantiate the claim will
                                               function claim describes the role of a                                     to place a claim on their product’s label.                                  be more time consuming.
                                               nutrient or dietary ingredient intended                                       The standard discussed in the                                               FDA estimates the burden of this
                                               to affect the structure or function in                                     guidance for substantiation of a claim                                      collection of information as follows:

                                                                                                         TABLE 1—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1
                                                                                                                                                                          Number of                                             Average
                                                                                                                                              Number of                                            Total annual                                         Total
                                                                                   Claim type                                                                            records per                                           burden per
                                                                                                                                            recordkeepers                                            records                                            hours
                                                                                                                                                                        recordkeeper                                         recordkeeping

                                               Widely known, established ..................................................                                  667                            1                       667                         44         29,348
                                               Preexisting, not widely established ......................................                                    667                            1                       667                        120         80,040
                                               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.


                                                 We have retained the currently                                           to assemble supporting scientific                                           ingredients or dietary supplements may
                                               approved burden estimate for the                                           information when the claim is novel or                                      primarily be found in foreign journals
                                               information collection. Based on our                                       when the claim is preexisting but the                                       and in foreign languages or in the older,
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                                               experience with the collection, we                                         scientific underpinnings of the claim are                                   classical literature where it is not
                                               estimate that it will take 44 hours to                                     not widely established. These are claims                                    available on computerized literature
                                               assemble information needed to                                             that may be based on emerging science,                                      databases or in the major scientific
                                               substantiate a claim on a particular                                       where conducting literature searches                                        reference databases, such as the
                                               dietary supplement when the claim is                                       and understanding the literature takes                                      National Library of Medicine’s literature
                                               widely known and established. We                                           time. It is also possible that references                                   database, all of which increases the time
                                               believe it will take closer to 120 hours                                   for claims made for some dietary                                            of obtaining substantiation.


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                                                                           Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Notices                                               51427

                                                  In the Federal Register of January 6,                  Name of Committee: National Institute of              Date: November 15, 2017.
                                               2000 (65 FR 1000), we published a final                 Mental Health Special Emphasis Panel;                   Time: 10:00 a.m. to 11:00 a.m.
                                               rule (the ‘structure/function final rule)               NIMH HIV/AIDS Review (P30, T32).                        Agenda: To review and evaluate grant
                                                                                                         Date: November 28, 2017.                            applications.
                                               on statements made for dietary                            Time: 12:00 p.m. to 5:00 p.m.                         Place: National Institutes of Health, 6701
                                               supplements concerning the effect of the                  Agenda: To review and evaluate grant                Rockledge Drive, Bethesda, MD 20892
                                               product on the structure or function of                 applications.                                         (Telephone Conference Call).
                                               the body. In that final rule, we estimated                Place: National Institutes of Health                  Contact Person: Luis Espinoza, Ph.D.,
                                               that there were 29,000 dietary                          Neuroscience Center, 6001 Executive                   Scientific Review Officer, Center for
                                               supplement products marketed in the                     Boulevard, Rockville, MD 20852 (Virtual               Scientific Review, National Institutes of
                                               United States (65 FR 1000 at 1045).                     Meeting).                                             Health, 6701 Rockledge Drive, Room 4140,
                                                                                                         Contact Person: David W. Miller, Ph.D.,             MSC 7814, Bethesda, MD 20892, 301–435–
                                               Assuming that the flow of new products
                                                                                                       Scientific Review Officer, Division of                0952, espinozala@mail.nih.gov.
                                               is 10 percent per year, then 2,900 new                  Extramural Activities, National Institute of
                                               dietary supplement products will come                                                                           Name of Committee: Center for Scientific
                                                                                                       Mental Health, NIH, Neuroscience Center,              Review Special Emphasis Panel; Member
                                               on the market each year. The structure/                 6001 Executive Blvd, Room 6140, MSC 9608,             Conflict: Neurological, Neuropsychological
                                               function final rule estimated that about                Bethesda, MD 20892–9608, 301–443–9734,
                                                                                                                                                             Disorders and Aging.
                                               69 percent of dietary supplements have                  millerda@mail.nih.gov.
                                                                                                                                                               Date: November 17, 2017.
                                               a claim on their labels, most probably a                (Catalogue of Federal Domestic Assistance               Time: 10:00 a.m. to 2:00 p.m.
                                               structure/function claim (65 FR 1000 at                 Program No. 93.242, Mental Health Research              Agenda: To review and evaluate grant
                                               1046). Therefore, we assume that                        Grants; National Institutes of Health, HHS)           applications.
                                               supplement manufacturers will need                        Dated: October 31, 2017.                              Place: National Institutes of Health, 6701
                                               time to assemble the evidence to                        Melanie J. Pantoja,                                   Rockledge Drive, Bethesda, MD 20892
                                               substantiate each of the 2,001 claims                                                                         (Virtual Meeting).
                                                                                                       Program Analyst, Office of Federal Advisory
                                                                                                                                                               Contact Person: Samuel C. Edwards, Ph.D.,
                                               (2,900 × 69 percent) made each year. If                 Committee Policy.
                                                                                                                                                             Chief, Brain Disorders and Clinical
                                               we assume that the 2,001 claims are                     [FR Doc. 2017–24034 Filed 11–3–17; 8:45 am]           Neuroscience, Center for Scientific Review,
                                               equally likely to be preexisting widely                 BILLING CODE 4140–01–P                                National Institutes of Health, 6701 Rockledge
                                               established claims, novel claims, or                                                                          Drive, Room 5210, MSC 7846, Bethesda, MD
                                               preexisting claims that are not widely                                                                        20892, (301) 435–1246, edwardss@
                                               established, then we can expect 667 of                  DEPARTMENT OF HEALTH AND                              csr.nih.gov.
                                               each of these types of claims to be                     HUMAN SERVICES                                          Name of Committee: Center for Scientific
                                               substantiated per year. Table 1 of this                                                                       Review Special Emphasis Panel; Member
                                               document shows that the annual burden                   National Institutes of Health                         Conflict: AIDS and AIDS Related Research.
                                               hours associated with assembling                                                                                Date: November 28, 2017.
                                               evidence for claims is 189,428 (the sum                 Center for Scientific Review; Notice of                 Time: 12:00 p.m. to 4:00 p.m.
                                               of 667 × 44 hours, 667 × 120 hours, and                 Closed Meetings                                         Agenda: To review and evaluate grant
                                                                                                                                                             applications.
                                               667 × 120 hours).                                         Pursuant to section 10(d) of the                      Place: National Institutes of Health, 6701
                                                 Dated: October 31, 2017.                              Federal Advisory Committee Act, as                    Rockledge Drive, Bethesda, MD 20892
                                               Anna K. Abram,                                          amended, notice is hereby given of the                (Telephone Conference Call).
                                               Deputy Commissioner for Policy, Planning,
                                                                                                       following meetings.                                     Contact Person: Mark P. Rubert, Ph.D.,
                                               Legislation, and Analysis.
                                                                                                         The meetings will be closed to the                  Scientific Review Officer, Center for
                                                                                                       public in accordance with the                         Scientific Review, National Institutes of
                                               [FR Doc. 2017–24123 Filed 11–3–17; 8:45 am]                                                                   Health, 6701 Rockledge Drive, Room 5218,
                                                                                                       provisions set forth in sections
                                               BILLING CODE 4164–01–P
                                                                                                       552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,            MSC 7852, Bethesda, MD 20892, 301–435–
                                                                                                       as amended. The grant applications and                1775, rubertm@csr.nih.gov.
                                                                                                       the discussions could disclose                          Name of Committee: Center for Scientific
                                               DEPARTMENT OF HEALTH AND                                                                                      Review Special Emphasis Panel; Small
                                                                                                       confidential trade secrets or commercial
                                               HUMAN SERVICES                                                                                                Business: Dermatology, Rheumatology and
                                                                                                       property such as patentable material,
                                                                                                                                                             Inflammation.
                                               National Institutes of Health                           and personal information concerning                     Date: November 29, 2017.
                                                                                                       individuals associated with the grant                   Time: 10:30 a.m. to 5:30 p.m.
                                               National Institute of Mental Health;                    applications, the disclosure of which                   Agenda: To review and evaluate grant
                                               Notice of Closed Meeting                                would constitute a clearly unwarranted                applications.
                                                                                                       invasion of personal privacy.                           Place: National Institutes of Health, 6701
                                                 Pursuant to section 10(d) of the                        Name of Committee: Center for Scientific            Rockledge Drive, Bethesda, MD 20892.
                                               Federal Advisory Committee Act, as                      Review Special Emphasis Panel; Small                    Contact Person: Rajiv Kumar, Ph.D., Chief,
                                               amended, notice is hereby given of the                  Business: Respiratory Sciences.                       MOSS IRG, Center for Scientific Review,
                                                                                                         Date: November 15–16, 2017.                         National Institutes of Health, 6701 Rockledge
                                               following meeting.
                                                                                                         Time: 8:00 a.m. to 5:00 p.m.                        Drive, Room 4216, MSC 7802, Bethesda, MD
                                                 The meeting will be closed to the                       Agenda: To review and evaluate grant                20892, 301–435–1212, kumarra@csr.nih.gov.
                                               public in accordance with the                           applications.                                           Name of Committee: Center for Scientific
                                               provisions set forth in sections                          Place: National Institutes of Health, 6701          Review Special Emphasis Panel; Small
                                               552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,              Rockledge Drive, Bethesda, MD 20892                   Business: HIV/AIDS Innovative Research
                                               as amended. The grant applications and                  (Virtual Meeting).                                    Applications.
Pmangrum on DSK3GDR082PROD with NOTICES




                                               the discussions could disclose                            Contact Person: Sara Ahlgren, Ph.D.,                  Date: November 30, 2017.
                                               confidential trade secrets or commercial                Scientific Review Officer, Center for                   Time: 1:00 p.m. to 3:00 p.m.
                                                                                                       Scientific Review, National Institutes of               Agenda: To review and evaluate grant
                                               property such as patentable material,                   Health, 6701 Rockledge Drive, RM 4136,                applications.
                                               and personal information concerning                     Bethesda, MD 20892, 301–435–0904,                       Place: National Institutes of Health, 6701
                                               individuals associated with the grant                   sara.ahlgren@nih.gov.                                 Rockledge Drive, Bethesda, MD 20892
                                               applications, the disclosure of which                     Name of Committee: Center for Scientific            (Virtual Meeting)
                                               would constitute a clearly unwarranted                  Review Special Emphasis Panel; Blood                    Contact Person: Jose H. Guerrier, Ph.D.,
                                               invasion of personal privacy.                           Disorders.                                            Scientific Review Officer, Center for



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Document Created: 2017-11-07 10:30:24
Document Modified: 2017-11-07 10:30:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesSubmit either electronic or written comments on the collection of information by January 5, 2018.
ContactIla Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]
FR Citation82 FR 51425 

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