In the United States, if an herb had not been marketed as a dietary ingredient in dietary supplements before October 15, 1994, then it would be considered a new dietary ingredient. The burden is on manufacturers and distributors to determine whether or not an herb would be considered a new dietary ingredient and to document that the herb was either in a dietary supplement or marketed for use in dietary supplements before October 15, 1994.
Please see the information on the US FDA website: fda.gov/Food/DietarySupplements/ucm109764.htm
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