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
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
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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)