TABLE 1

History of federal regulation of food and drugs


Food and Drugs Act of 1906

Established broad authority to protect the public from adulterated or misbranded foods and drugs by requiring demonstrated safety and accurate labeling
Federal Food, Drug, and Cosmetic Act of 1938 Transferred responsibility for proving safety of new drugs to the manufacturer but maintained that the FDA be responsible for determining that a conventional food was adulterated
Food Additives Amendment of 1958 Shifted the burden of proof of safety for new substances added to food away from the FDA and to the manufacturers; afforded the FDA to clarify the regulatory status of food substance in use before 1958, listing them as GRAS
Health Research and Health Services Amendment in 1976 “Proxmire Amendments” Established standards limiting potency of vitamins and minerals in food supplements or regulating them as drugs based on potency
The Nutrition Labeling and Education Act of 1990 and Health Claims Provided that health claims describing the relationship of a nutrient to a disease or health-related matter were allowed for both traditional foods and dietary supplements if the claims complied with FDA regulations
DSHEA
Established a new regulatory framework for dietary supplements that limited the FDA's authority over these products to that of conventional food, compared with its authority over food additives or new drugs; no requirement needed for a manufacturer to obtain premarket approval (Khatcheressian, 1999) or establish GRAS status