The relative nature of the standards for proof of safety: a review of FDA's safety standards for various consumer products.

Dietary supplement Food ingredient GRAS Reasonable certainty Reasonable expectation Safety standard Standard of proof

Journal

Archives of toxicology
ISSN: 1432-0738
Titre abrégé: Arch Toxicol
Pays: Germany
ID NLM: 0417615

Informations de publication

Date de publication:
17 Jul 2024
Historique:
received: 31 05 2024
accepted: 26 06 2024
medline: 17 7 2024
pubmed: 17 7 2024
entrez: 17 7 2024
Statut: aheadofprint

Résumé

Are all food ingredients, dietary supplement ingredients and even foods, required to meet the same safety standards? Are they all equally safe? If so, then why do the various categories have different expressions describing their safety, such as "reasonable certainty of no harm" for food ingredients and "reasonable expectation of no harm" for dietary supplement ingredients? The basis for these different expressions is that they are not standards of safety, but standards of proof of safety. Just as in criminal vs. civil courts, the threshold for proving guilt or fault is different, so too are there differences between various categories of consumer products regulated by the US Food and Drug Administration. This manuscript describes the threshold requirements for each standard, as well as to the identity of the decision makers on what is safe, their credentials as decision makers and the databases mandated for their use.

Identifiants

pubmed: 39017690
doi: 10.1007/s00204-024-03816-0
pii: 10.1007/s00204-024-03816-0
doi:

Types de publication

Journal Article Review

Langues

eng

Sous-ensembles de citation

IM

Informations de copyright

© 2024. The Author(s), under exclusive licence to Springer-Verlag GmbH Germany, part of Springer Nature.

Références

Degnan FH, Markus CM, Stansbury SM (2015) Food Safety. In: Adams DG, Cooper RM, Hahn MJ, Kahan JS (eds) Food and Drug Law and Regulation, 3rd edn. Food and Drug Law Institute, pp 21–91
Dolan LC, Matulka RA, Burdock GA (2010) Naturally occurring food toxins. Toxins 2:2289–2332
doi: 10.3390/toxins2092289 pubmed: 22069686 pmcid: 3153292
Public Law 103–417 (1994) An Act To amend the Federal Food, Drug, and Cosmetic Act to establish standards with respect to dietary supplements, and for other purposes. Dietary Supplement Health and Education Act of 1994. 21 USC 301
Schmidt AM (1975) Cosmetics. Fed Regist 40:8912
United States v an Article of Food (1984) United States of America, Plaintiff v. an Article of Food et al. (1985). United States of America. Plaintiff, Appellee, v. an Article of Food, Etc., et al. Defendants, Appellees. Coco Rico, Inc., Claimant, Appellant, 752 F.2d 11 (1st Cir. 1985).
United States v. Lexington Mill & Elevator Company 232 U.S. 399 (1914)

Auteurs

George A Burdock (GA)

Burdock Group a Safety and Regulatory Consulting Firm, Orlando, FL, USA. gburdock@burdockgroup.com.

Erik Hedrick (E)

Burdock Group a Safety and Regulatory Consulting Firm, Orlando, FL, USA.

Classifications MeSH