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NDIN strategy & dossiers Proposed service line Law and guidance checked October 22, 2026

A new dietary ingredient needs a documented safety case before it is marketed, and FDA's reply to a notification is not an approval

FDA's October 2026 final guidance covers what an NDIN should say about identity, history of use and the safety conclusion. When a notification is required remains in draft guidance.

Oct 15, 1994Cutoff date in the statutory definition of a new dietary ingredient (FD&C Act § 413(d))
75 daysMinimum time from FDA's filing date to introducing the supplement into interstate commerce (21 CFR 190.6)
90 daysConfidential period; the notification is then made public without trade secrets or confidential commercial information (21 CFR 190.6(e))
25 yearsFDA's recommended minimum of widespread use when history of safe use alone is relied on (a recommendation, not a rule)

Status. EUTECNIQ is in formation and has prepared no notifications, run no studies and holds no master files. Studies would be run by qualified laboratories; legal conclusions belong to counsel.

Academy fundamentals: Course 2, The untapped botanicals · Course 9, Toxicology and dose

Key facts

An NDIN is a premarket safety notification, and FDA does not approve it

“FDA does not approve NDI notifications; no FDA approval is required or issued at any point in this process.”

FDA, final guidance on NDI identity and safety information, October 2026, Section II FDA guidance
The safety conclusion is the notifier's; FDA's letter speaks only to the notifier's basisRegulation FDA guidance
The notifier concludes safety; FDA reviews the notifier's basis and replies with a letter. What an acknowledgement without objection means and does not mean.Who concludes whatNotifierConcludes the supplement willreasonably be expected to be safeManufacturer or distributor of the NDI or ofthe supplementFDAReviews the notifier's basisHistory of use or other evidence of safety,filed at least 75 days before marketingFDA response letterAcknowledgement without objectionOne of four letter types (see the 75-dayclock below)NDINLetterAcknowledgement without objectionWhat it meansFDA's review found no reason to objectto the notifier's basis for its safetyconclusion. The safety conclusion staysthe notifier's.WHAT IT DOES NOT MEAN≠Not an FDA approvalFDA does not approve NDI notifications; no approval is required or issued at any point (final guidance,Section II)≠Not an independent safety findingNot a finding by FDA that the NDI and the supplement that contains it are safe, or that they are notadulterated≠Silence is not a finding eitherIf FDA does not respond, that is not a finding that the NDI or the supplement is safe or not adulterated (21CFR 190.6(f))The notifier concludes safety; FDA reviews the notifier's basis. What an acknowledgement without objection means and does not mean.Who concludes whatNotifierConcludes the supplement will reasonably beexpected to be safeManufacturer or distributor of the NDI or of thesupplementFDAReviews the notifier's basisHistory of use or other evidence of safety, filed at least75 days before marketingNDINFDA response letterAcknowledgement without objectionLetterWhat it meansFDA's review found no reason to object to thenotifier's basisThe safety conclusion stays the notifier's.What it does not meanNot an FDA approvalFDA does not approve NDI notifications; no approval isrequired or issued at any point (final guidance, Section II)Not an independent safety findingNot a finding by FDA that the NDI and the supplementthat contains it are safe, or that they are not adulteratedSilence is not a finding eitherIf FDA does not respond, that is not a finding that the NDIor the supplement is safe or not adulterated (21 CFR190.6(f))
21 CFR 190.6(f); FDA final guidance, NDI notification procedures and timeframes (March 2024), Section IV.D; FDA final guidance, NDI identity and safety information (October 2026), Section II.
Text version of the figure

The notifier, the manufacturer or distributor of the NDI or of the supplement, concludes that the supplement will reasonably be expected to be safe and files the basis for that conclusion with FDA at least 75 days before marketing. FDA reviews the basis and replies with one of four kinds of letter.

An “acknowledgement letter without objection” means FDA's review found no reason to object to the notifier's basis for its safety conclusion. In FDA's words, it “does not constitute an independent finding by FDA that the NDI and the dietary supplement that contains the NDI are safe, or that they are not adulterated.” FDA's silence is not a safety finding either (21 CFR 190.6(f)).

Sources: 21 U.S.C. 350b; 21 CFR 190.6 (eCFR, current to Oct 21, 2026); FDA final guidance, NDI notification procedures and timeframes (March 2024), Section IV.D; FDA final guidance, NDI identity and safety information (October 2026), Sections II and VI.

Academy: explore FDA's NDIN list by year (Course 2)

Explanation, details and sources

A new dietary ingredient (NDI) is a dietary ingredient not marketed in the United States before October 15, 1994. A notification (NDIN) gives FDA the notifier's basis for concluding the supplement will reasonably be expected to be safe.

October 2026

The October 2026 guidance finalizes three sections of FDA's 2016 draft; the questions about when a notification is needed remain draft

Seven parts of the 2016 draft moved into the October 2026 final guidance; the rules on when a notification is needed did notGuidance status, Oct 22, 2026
Where each part of FDA's 2016 revised draft NDI guidance now sits: seven parts in the October 2026 final guidance, one in the March 2024 final guidance, master files in the April 2024 draft, and the rest still in the 2016 draft2016 REVISED DRAFT · AUG 201681 FR 53486 · FDA-2011-D-0376FINAL GUIDANCE · OCT 19, 2026Identity and safety information · 91 FR 66336Section VI.AIdentitySection IVIdentityQ VI.B.1, VI.C.1, VI.C.3Basis for safetySection VSummary of the basis for safety: the “safetynarrative”Q VI.B.2–VI.B.10History of useSection VIHistory of useQ VI.B.11–VI.B.39 (selected), VI.C.4Other evidence of safetySection VIIOther evidence of safetyQ VI.B.40–VI.B.42Microbial NDIs, nanomaterialsSection VIIIMicrobial NDIs, nanomaterialsQ VI.C.5–VI.C.8Safety calculationsSection IXSafety calculationsTable 3Appendix AStandard Safety Testing TableSection VProcedures and timeframesFinal guidance, March 2024Procedures and timeframes · 89 FR 16003 ·FDA-2023-D-5280Section IV master-file questionsand the “Master File” definitionDraft guidance, April 2024NDIN master files · 89 FR 23599 · FDA-2024-D-0706Sections I–III, IV, VII, VIIIOther definitions and the decision tree2016 revised draft, October 2026 revisionRemains draft · not for implementation ·FDA-2011-D-0376Now finalIdentity, history of use and the basisfor safety (Oct 2026); proceduresand timeframes (Mar 2024). One“safety narrative” replaces the earlier“comprehensive safety profile.”Still draftWhether a notification is needed:what counts as an NDI, pre-1994records, “chemically altered,”“dietary substance,” the drugexclusion. Master files.Final guidance (a recommendation)Draft guidance (not for implementation)Where each part of FDA's 2016 revised draft NDI guidance now sitsFinal guidanceDraft guidanceNow in the October 2026 final guidance2016 draft: Section VI.A · IdentitySection IV: Identity2016 draft: Q VI.B.1, VI.C.1, VI.C.3 · Basis for safetySection V: Summary of the basis for safety: the“safety narrative”2016 draft: Q VI.B.2–VI.B.10 · History of useSection VI: History of use2016 draft: Q VI.B.11–VI.B.39 (selected), VI.C.4 · Otherevidence of safetySection VII: Other evidence of safety2016 draft: Q VI.B.40–VI.B.42 · Microbial NDIs,nanomaterialsSection VIII: Microbial NDIs, nanomaterials2016 draft: Q VI.C.5–VI.C.8 · Safety calculationsSection IX: Safety calculations2016 draft: Table 3Appendix A: Standard Safety Testing TableMoved to other documents2016 draft: Section VFinal guidance, March 2024Procedures and timeframes · 89 FR 16003 ·FDA-2023-D-52802016 draft: Section IV master-file questionsDraft guidance, April 2024NDIN master files · 89 FR 23599 · FDA-2024-D-07062016 draft: Sections I–III, IV, VII, VIII2016 revised draft, October 2026 revisionRemains draft · not for implementation ·FDA-2011-D-0376
“Document History” in the October 2026 revision of FDA's draft guidance (docket FDA-2011-D-0376); 91 FR 66336 (Oct 20, 2026); 89 FR 16003 (Mar 2024); 89 FR 23599 (Apr 2024). Row ranges abbreviated; FDA lists the individual questions.
Text version: where each part of the 2016 draft went
Now final

Identity, history of use, basis for safety

Sections VI.A, VI.B and VI.C of the August 2016 revised draft. FDA now asks for one “safety narrative” in place of the earlier “comprehensive safety profile.” The material is reorganized into new sections, including safety calculations and microbial and nanotechnology NDIs.

Final guidance · Oct 2026
Already final

Procedures and timeframes

How to submit, what FDA sends back and when, confidentiality, and pre-submission meetings. Finalized from Section V of the 2016 draft in March 2024 (89 FR 16003; docket FDA-2023-D-5280).

Final guidance · Mar 2024
Still draft

Whether a notification is needed

What counts as an NDI, pre-1994 documentation, “chemically altered,” “dietary substance,” the drug exclusion, definitions and the decision tree. Master files moved to a separate April 2024 draft.

Draft guidance · 2016 and 2024
Replacement map from the 2016 revised draft guidance to the October 2026 final guidance
2016 revised draftNow inStatus
Section VI.A (identity)2026 final, Section IV (identity)Final
Q VI.B.1, VI.C.1, VI.C.32026 final, Section V (summary of the basis for safety, the “safety narrative”)Final
Q VI.B.2–VI.B.102026 final, Section VI (history of use)Final
Q VI.B.11–VI.B.39 (selected) and VI.C.42026 final, Section VII (other evidence of safety)Final
Q VI.B.40–VI.B.422026 final, Section VIII (microbial NDIs, nanomaterials)Final
Q VI.C.5–VI.C.82026 final, Section IX (safety calculations)Final
Table 32026 final, Appendix A (Standard Safety Testing Table)Final
Section V (procedures and timeframes)March 2024 final guidanceFinal
Master-file questions in Section IV and the “Master File” definitionApril 2024 master-file draft guidanceDraft
Sections I–III, IV, VII (other definitions), VIII (decision tree)Remain in the 2016 revised draft (October 2026 revision)Draft

Source: “Document History” in the October 2026 revision of FDA's draft guidance, Dietary Supplements: New Dietary Ingredient Notifications and Related Issues (docket FDA-2011-D-0376). The 2016 row ranges are abbreviated; FDA lists the individual questions.

Explanation, details and sources

FDA dated the final guidance October 19, 2026 and announced it in the Federal Register on October 20, 2026 (91 FR 66336; docket FDA-2025-D-6501). It is a stand-alone document with new section numbers.

Binding or not

The statute and 21 CFR 190.6 are binding; FDA's guidance documents are recommendations

Only the statute and 21 CFR 190.6 bind; guidance, final or draft, is a recommendationStatute and regulation Guidance
Hierarchy of the legal instruments for NDI notifications: statute and regulation bind; final guidance recommends; draft guidance is not for implementationStatuteBindingFD&C Act § 413 · 21 U.S.C. 350bDefines an NDI. Requires notification at least 75 days beforemarketing unless the food-supply exception applies;otherwise the supplement is deemed adulterated, § 402(f).FD&C Act § 201(ff) · 21 U.S.C. 321(ff)Defines “dietary supplement” and the dietary-ingredientcategories; excludes certain articles first approved orinvestigated as drugs.RegulationBinding21 CFR 190.6Timing, required contents, filing date, effect of amendments, 90-day confidentiality period; silence is not a finding of safety.Legally enforceableGuidance “does not establish legally enforceable responsibilities” unless it cites a statute or regulationFinal guidanceRecommendationProcedures and timeframes · March 2024Submission mechanics, response letters, incompletenotifications, trade-secret marking, pre-submissionmeetings.Identity and safety information · October 2026Identity, history of use, other evidence of safety, the safetynarrative and safety calculations.Draft guidanceNot for implementation2016 revised draft, remaining sectionsWhen an NDIN is required, “chemically altered,” pre-1994documentation, definitions and the decision tree.NDIN master files · April 2024How master files and letters of authorization would work.StatuteFinal regulationFinal guidanceDraft guidanceHierarchy of the legal instruments for NDI notificationsStatute · BindingFD&C Act § 413 · 21 U.S.C. 350bDefines an NDI. Requires notification at least 75 daysbefore marketing unless the food-supply exceptionapplies; otherwise the supplement is deemedadulterated, § 402(f).FD&C Act § 201(ff) · 21 U.S.C. 321(ff)Defines “dietary supplement” and the dietary-ingredientcategories; excludes certain articles first approved orinvestigated as drugs.Regulation · Binding21 CFR 190.6Timing, required contents, filing date, effect ofamendments, 90-day confidentiality period; silence isnot a finding of safety.Above: legally enforceable. Below: guidance “does notestablish legally enforceable responsibilities” unless it citesa statute or regulation.Final guidance · RecommendationProcedures and timeframes · March 2024Submission mechanics, response letters, incompletenotifications, trade-secret marking, pre-submissionmeetings.Identity and safety information · October 2026Identity, history of use, other evidence of safety, thesafety narrative and safety calculations.Draft guidance · Not for implementation2016 revised draft, remaining sectionsWhen an NDIN is required, “chemically altered,”pre-1994 documentation, definitions and the decisiontree.NDIN master files · April 2024How master files and letters of authorization would work.
21 U.S.C. 321 and 350b (Cornell LII); 21 CFR 190.6 (eCFR); FDA guidance documents listed under Sources on this page. Status as of October 22, 2026.
Text version of the hierarchy
Legal status of the instruments that govern new dietary ingredient notifications
InstrumentWhat it doesStatus
FD&C Act § 413 (21 U.S.C. 350b)Defines an NDI. Requires notification at least 75 days before marketing unless the food-supply exception applies; otherwise the supplement is deemed adulterated under § 402(f).Statute Requirement
FD&C Act § 201(ff) (21 U.S.C. 321(ff))Defines “dietary supplement” and the dietary-ingredient categories; excludes certain articles first approved or investigated as drugs.Statute Requirement
21 CFR 190.6Sets timing, required contents, filing date, the effect of amendments, the 90-day confidentiality period, and that silence is not a finding of safety.Final regulation Requirement
NDI notification procedures and timeframes (March 2024)Submission mechanics, response letters, incomplete notifications, trade-secret marking, pre-submission meetings.Final guidance Recommendation
NDI identity and safety information (October 2026)Identity information, history of use, other evidence of safety, safety narrative and safety calculations.Final guidance Recommendation
2016 revised draft, remaining sectionsWhen an NDIN is required, “chemically altered,” pre-1994 documentation, definitions and decision tree.Draft guidance Not for implementation
NDIN master files (April 2024)How master files and letters of authorization would work.Draft guidance Not for implementation
Explanation, details and sources

FDA states that its guidance documents “do not establish legally enforceable responsibilities” and should be viewed as recommendations unless they cite a statute or regulation. Draft guidance is labeled “not for implementation.”

Eligibility

A new dietary ingredient needs a notification unless every dietary ingredient in the supplement was in the food supply, chemically unaltered

Seven questions EUTECNIQ would answer before any study is commissioned

Seven screening questions and the answer that ends or redirects the pathProposed assessment sequence
Seven screening questions for a dietary ingredient, each with the consequence of the answer that ends or redirects the pathQuestionConsequence of the answer shown on the arrow1Is it a dietary ingredient?FD&C Act § 201(ff)(1) categoriesSupplement pathway closedNot a vitamin, mineral, botanical, amino acid, dietarysubstance, or a concentrate, constituent, extract orcombination of theseNoStatute2Marketed in the U.S. as a dietary ingredient beforeOct 15, 1994?Documentation views in draft guidanceNot a new dietary ingredientKeep the marketing recordsYesStatute · draft guidance3In the food supply as an article used for food?§ 413(a)(1)Food-supply exception may applyNo notification, if the form is not chemically altered(next question)Yes, for every ingredientStatute4Chemically altered by extraction, concentration oranother process?FDA reading in 2016 draft, Section IV.BException can be lostThe ingredient moves to the notification route,§ 413(a)(2)YesDraft guidance5Approved or substantially investigated as a drugbefore it was a supplement or food?§ 201(ff)(3)(B)Excluded from the supplement definitionUnless FDA issues a regulation finding it lawfulYesStatute6Meant for a supplement, a food or a cosmetic?Each category has its own pathwayFood-additive or GRAS routeAn NDIN covers dietary supplements onlyFoodPathway7Do the data support the dose, duration, population andconditions of use?Gaps decide which studies are commissionedFile the NDIN at least 75 days before marketing21 CFR 190.6YesRegulationSeven screening questions for a dietary ingredient, each with the consequence of the answer that ends or redirects the path1Is it a dietary ingredient?FD&C Act § 201(ff)(1) categoriesSupplement pathway closedNot a vitamin, mineral, botanical, amino acid,dietary substance, or a concentrate, constituent,extract or combination of theseNo · Statute2Marketed in the U.S. as a dietary ingredientbefore Oct 15, 1994?Documentation views in draft guidanceNot a new dietary ingredientKeep the marketing recordsYes · Statute · draft guidance3In the food supply as an article used for food?§ 413(a)(1)Food-supply exception may applyNo notification, if the form is not chemically altered(next question)Yes, for every ingredient · Statute4Chemically altered by extraction,concentration or another process?FDA reading in 2016 draft, Section IV.BException can be lostThe ingredient moves to the notification route,§ 413(a)(2)Yes · Draft guidance5Approved or substantially investigated as adrug before it was a supplement or food?§ 201(ff)(3)(B)Excluded from the supplement definitionUnless FDA issues a regulation finding it lawfulYes · Statute6Meant for a supplement, a food or acosmetic?Each category has its own pathwayFood-additive or GRAS routeAn NDIN covers dietary supplements onlyFood · Pathway7Do the data support the dose, duration,population and conditions of use?Gaps decide which studies are commissionedFile the NDIN at least 75 days beforemarketing21 CFR 190.6Yes · Regulation
Statute: 21 U.S.C. 321(ff) and 350b(a). FDA's readings of pre-1994 documentation and “chemically altered”: draft guidance (October 2026 revision), Sections IV.A–IV.D.
Text version of the seven questions
  1. Definition

    Is it a dietary ingredient?

    It must fit FD&C Act § 201(ff)(1): a vitamin, mineral, herb or other botanical, amino acid, dietary substance, or a concentrate, metabolite, constituent, extract or combination of these. If it does not, the supplement pathway is closed. Statute

  2. Before 1994

    Was it marketed in the U.S. as a dietary ingredient before October 15, 1994?

    If so, it is not a new dietary ingredient. The marketer should be able to document that marketing; FDA's views on acceptable documents are in draft guidance. Statute Draft guidance

  3. Food supply

    Has it been present in the food supply as an article used for food, in a form not chemically altered?

    When every dietary ingredient in the supplement meets this test, no notification is required (§ 413(a)(1)). Statute

  4. Processing

    Has extraction, concentration or another process chemically altered it?

    A chemically altered form can lose the food-supply exception. FDA's interpretation of “chemically altered” is in Section IV.B of the 2016 draft. Draft guidance

  5. Drug exclusion

    Was it approved as a new drug, or authorized for investigation as one with substantial public clinical investigations, before it was marketed as a supplement or food?

    If so, § 201(ff)(3)(B) excludes it from the dietary-supplement definition unless FDA issues a regulation finding it lawful. Statute

  6. Category

    Is it meant for a supplement, a conventional food, a cosmetic or something else?

    Each category has its own pathway. An NDIN covers use in dietary supplements only; food uses go through the food-additive or GRAS routes.

  7. Evidence

    Do the data support the proposed dose, duration, population and conditions of use?

    The gaps decide which studies are commissioned. A required notification is filed at least 75 days before marketing (21 CFR 190.6).

Sources: 21 U.S.C. 321(ff), 350b(a) and (d); FDA draft guidance, New Dietary Ingredient Notifications and Related Issues (October 2026 revision), Sections IV.A–IV.D.

Explanation, details and sources

Section 413(a) gives two routes. That a plant has been eaten for centuries does not by itself decide which applies, because form, part, processing and dose all matter.

§ 413(a)(1) · no notification

Food-supply exception

The supplement “contains only dietary ingredients which have been present in the food supply as an article used for food in a form in which the food has not been chemically altered.” The exception is strict: one ingredient outside it brings the product into (a)(2).

Statute
§ 413(a)(2) · notification

History of use or other evidence of safety, notified 75 days ahead

There must be a history of use or other evidence of safety, and the manufacturer or distributor of the NDI or of the supplement must give FDA the basis for its conclusion at least 75 days before interstate marketing.

Statute

FDA's readings of “chemically altered,” pre-1994 documentation and “dietary substance” appear only in the 2016 draft (Sections IV.A, IV.B, IV.D). There FDA also takes the view that the “reasonably expected to be safe” standard applies when no notification is needed. Both are FDA's draft thinking, not settled law.

21 CFR 190.6

The 75-day clock starts on the day FDA receives a complete notification, and a substantive amendment restarts it

The 75-day period runs from the filing date, and FDA replies with one of four kinds of letterRegulation Final guidance
NDIN timeline: optional pre-submission meeting, filing date as day 0, a 75-day period without interstate marketing, FDA's response letter, and public posting after day 9075-day period: the supplement may not enter interstate commerce75 days: no interstate marketingPostedDay 0Day 75Day 90Optional pre-NDINmeetingNon-binding feedbackA substantive amendment sets a new filing dateFiling date: FDA receives a complete notification,acknowledges it and assigns a numberAfter day 90: notification and responseon regulations.gov, minus trade secretsand CCIFDA response letter, intended within 75 days of filingAcknowledgement withoutobjectionNo reason to object; not a findingof safetyIncompleteNot evaluated; does not satisfy§ 413(a)(2)ObjectionIdentity or safety concernsOther regulatory issuesE.g. not a dietary ingredient
21 CFR 190.6(a)–(f); FDA, NDI Notification Procedures and Timeframes (March 2024), Sections III–V. Not to scale between day 75 and day 90.
Text version of the timeline
  1. Optional pre-NDIN meetingVoluntary request for preliminary, non-binding FDA feedback
  2. SubmissionElectronic through FDA's online submission module, or on paper
  3. Filing date, day 0Date FDA receives the notification; FDA acknowledges receipt and assigns a number
  4. 75-day periodThe supplement may not enter interstate commerce; a substantive amendment sets a new filing date
  5. FDA response letterFDA states it intends to respond within 75 days of filing
  6. After day 90Notification and response posted on regulations.gov, minus trade secrets and confidential commercial information
How many days FDA took to respond, from the submission date in FDA's list; drag the years to compare periodsFDA NDIN list
Notifications1,359
Median days to response71 days
Answered by day 7582%
Source: FDA, Submitted 75-Day Premarket Notifications for New Dietary Ingredients, list file dated July 9, 2026 (75-day-premarket-ndin-1995-to-present-260709.xlsx), retrieved October 24, 2026. Of 1,372 rows, 11 lack a submission or response date and 2 list a response date before the submission date (NDIN 111 and 1167); these 13 are excluded.
Data table
Days from submission to FDA's response in FDA's NDIN list, by submission year
YearNotificationsMedian daysAnswered by day 75
1995258.51
19968697
19971442.512
1998192219
1999244322
2000317329
200119848
2002537434
2003647447
2004437440
2005577446
2006647543
200773798
20084075.520
2009477237
2010537345
2011497248
2012424042
2013335533
2014407037
2015486942
2016606951
2017936387
20184269.538
2019337032
2020547054
2021376636
2022336533
2023456845
2024596755
2025716959
20269709
All years1,359711,119

Across 1,359 listed notifications FDA's median response came on day 71 after submission, and 82% came by day 75.

Explanation, details and sources

The list gives a submission date and the date of FDA's response, not the filing date or the kind of letter, so the interval is approximate: the filing date is the date FDA receives the notification (21 CFR 190.6(c)), and a substantive amendment sets a new filing date (190.6(d)). Responses after day 75 can reflect amendments. FDA's response is not an approval in any case.

What a notification must contain (21 CFR 190.6(b))

What a notification must contain (21 CFR 190.6(b)) Regulation

  1. Name and complete address of the notifier.
  2. Name of the NDI; for a botanical, the Latin binomial name including the author.
  3. Description of the supplement: the level of the NDI and the conditions of use in the labeling, or the ordinary conditions of use.
  4. The history of use or other evidence of safety, with copies of cited references and complete English translations of foreign-language material.
  5. Signature of a person designated by the notifier.
Text version of the response letters

Response letters FDA commonly sends Final guidance, March 2024

  • Acknowledgement without objection. FDA found no reason to object to the notifier's basis; not an independent finding of safety.
  • Incomplete. Required information is missing. FDA does not evaluate safety or identity in an incomplete NDIN, and an incomplete NDIN does not satisfy § 413(a)(2).
  • Objection. Concerns about the identity or safety information, such as gaps in history of use.
  • Other regulatory issues. For example, the substance is not a dietary ingredient, or the product is not a dietary supplement.

Sources: 21 CFR 190.6(a)–(f); FDA, Guidance for Industry: New Dietary Ingredient Notification Procedures and Timeframes (March 2024), Sections III–V.

FDA's NDIN list

FDA's public list holds 1,372 notifications since 1995, and it can be searched by ingredient name

Search the notification list: each match shows its number, submission year and days to FDA's responseFDA NDIN list
Source: FDA, Submitted 75-Day Premarket Notifications for New Dietary Ingredients, list file dated July 9, 2026, retrieved October 24, 2026. Names are shortened to 80 characters. A listing says nothing about FDA's response type.

A match only shows that someone notified FDA about a similarly named ingredient; identity, form and intake decide whether a new notification is needed.

Identity dossier

Eighteen evidence packages, scaled to the ingredient rather than filled in by default

Not every package is needed for every notification; the ingredient, its process, its hazards and the exposure gap decide the scope.

Eighteen evidence packages and where each answers FDA's textProposed structure
Eighteen proposed evidence packages grouped into identity and source, chemistry and quality, safety evidence, and exposure and use, all feeding the safety conclusion and then the notificationIdentity and source01 Ingredient identity: 190.6(b)(2) · IV.201Ingredient identity190.6(b)(2) · IV.202 Source provenance: IV.10–1102Source provenanceIV.10–1103 Manufacturing description: IV.3, IV.1303Manufacturing descriptionIV.3, IV.13Chemistry and quality04 Chemical characterization: IV.2, IV.1304Chemical characterizationIV.2, IV.1305 Batch consistency: IV.2, IV.1305Batch consistencyIV.2, IV.1306 Physical properties: IV.206Physical propertiesIV.207 Impurities and contaminants: IV.2, IV.12–1307Impurities andcontaminantsIV.2, IV.12–1308 Analytical methods: IV.2, IV.4–508Analytical methodsIV.2, IV.4–5Safety evidence09 History of use: VI09History of useVI10 Published safety evidence: VII10Published safety evidenceVII11 Nonclinical safety: VII, App. A11Nonclinical safetyVII, App. A12 Toxicokinetics: VII.112ToxicokineticsVII.113 Human safety evidence: VII.1, VII.15–1813Human safety evidenceVII.1, VII.15–1814 Interaction assessment: EUTECNIQ addition · V.314Interaction assessmentEUTECNIQ addition · V.3Exposure and use15 Exposure assessment: 190.6(b)(3) · IV.19, IX15Exposure assessment190.6(b)(3) · IV.19, IX17 Finished-product relevance: IV.2, IV.20, VII.417Finished-productrelevanceIV.2, IV.20, VII.416 · Safety conclusion: the safety narrativeWeight of evidence, NOAEL, margin of safety, ADI and EDI/ADI ·final V, IX18 · Notification administrationSignature, translations, trade-secret marking· 190.6(b)(4)–(5)190.6 = 21 CFR 190.6. Roman numerals = sections of FDA's October 2026 final guidance on NDI identity and safety information.
Package structure: EUTECNIQ proposal. References: 21 CFR 190.6 and FDA final guidance, NDI identity and safety information (October 2026).
What each package would contain
01

Ingredient identity

Latin binomial with author (required), plant part, common and trade names, authenticated reference material, vouchered specimen and where it is stored.

190.6(b)(2) · final IV.2, IV.10
02

Source provenance

Geographic origin, wild or cultivated, propagation, harvest season and maturity, post-harvest handling, supplier records (GACP where available).

final IV.10–IV.11
03

Manufacturing description

Process flowchart with controls, starting materials, solvents and processing aids, concentration or dilution ratio, purification, drying and blending.

final IV.3, IV.13
04

Chemical characterization

HPLC/UPLC, LC-MS/MS, LC-HRMS, GC-MS, NMR, FTIR, HPTLC. Marker identity and content, each marker labeled as a toxicity marker or a surrogate marker.

final IV.2, IV.13
05

Batch consistency

Representative batches, fingerprint similarity, controls or acceptable ranges for batch-to-batch variation, and how the extract is standardized.

final IV.2, IV.13
06

Physical properties

Appearance, solubility or dispersibility, density, particle or droplet size, moisture, water activity, pH.

final IV.2
07

Impurities and contaminants

Elemental contaminants, pesticides, mycotoxins, microbes, residual solvents, degradation products, toxins known in related species, and their quantitative limits.

final IV.2, IV.12, IV.13
08

Analytical methods

Methods and reference materials, specificity, accuracy, precision, range, LOD/LOQ, and evidence that each method is fit for its purpose.

final IV.2, IV.4–IV.5
09

History of use

Who consumed it, in what form, how much, how often and for how long, and how the historical article relates to the NDI.

final VI
10

Published safety evidence

Systematic review of toxicology, human studies, case reports and adverse events, with study quality appraised.

final VII
11

Nonclinical safety

Genetic toxicity battery, repeat-dose and 90-day studies, and reproductive studies when the target population calls for them.

final VII, Appendix A
12

Toxicokinetics

Absorption, distribution, metabolism and excretion; metabolites; systemic exposure in the test species compared with people.

final VII.1
13

Human safety evidence

Single- or repeat-dose tolerability and ADME studies when they close a data gap, with safety endpoints collected.

final VII.1, VII.15–VII.18
14

Interaction assessment

Other botanicals, medicines, metabolizing enzymes and transporters, and the other ingredients in the formula.

EUTECNIQ addition · final V.3 (several NDIs)
15

Exposure assessment

Highest total daily intake under the proposed conditions of use (the EDI), serving size, frequency, duration, sensitive groups and other sources.

190.6(b)(3) · final IV.19, IX
16

Safety conclusion

The safety narrative: weight of evidence, NOAEL selection, margin of safety, ADI and EDI/ADI, uncertainties and remaining controls.

final V, IX
17

Finished-product relevance

Other ingredients and their food-grade purity, formulation, directions for use, and any difference from the material that was tested.

final IV.2, IV.20, VII.4
18

Notification administration

Notifier details and signature, references and translations, trade-secret and CCI marking, amendments and correspondence.

190.6(b)(4)–(5) · March 2024 guidance

“final” refers to FDA's October 2026 final guidance on NDI identity and safety information; “190.6” to 21 CFR 190.6. GACP: WHO good agricultural and collection practices for medicinal plants.

GLP and non-GLP

GLP governs how a nonclinical study is run; no current FDA rule or NDI guidance requires it for a notification

Part 58 names the submissions whose nonclinical studies must follow GLP; an NDIN is not among themRegulation FDA guidance
21 CFR Part 58 (GLP) covers nonclinical studies for the submissions listed in 58.3(e); NDI notifications are not on that list, so GLP is a data-quality choice for an NDIN, with three reasons sponsors still choose it21 CFR PART 58 · FINAL REGULATIONApplies to nonclinical studies that support these submissions, § 58.3(e)Color additive petitionPart 71Food additive petitionParts 171, 571GRAS affirmation data§§ 170.35, 570.35Investigational new drug applicationPart 312New drug applicationPart 314Biologics license applicationPart 601Device IDE and PMAPart 812, § 515Food contact substance notificationPart 170, Subpart D8 of the 21 listed types shown; none of the 21 mentions dietary supplements or NDI notifications21 CFR 190.6NDI notification•Not listed in § 58.3(e)•Neither the October 2026 final guidancenor the remaining 2016 draft mentions GLPor Part 58•FDA recommends recognized protocolssuch as the OECD Test Guidelines, cited,with deviations explained•“You do not have to use specific publishedprotocols in your NDIN”Not listedWhy a sponsor may still run pivotal studies under GLPReconstructable recordsProtocols, raw data, quality-assurance auditsand archives let a reviewer trace every resultReuse in the United StatesThe same study may later support a submissionPart 58 covers, such as a food additive petitionor an INDReuse abroadOECD Mutual Acceptance of Data (1981): datafrom OECD Test Guidelines and GLP “shall beaccepted” in other adherent countries; eachauthority interprets them
21 CFR 58.1 and 58.3(e) (eCFR, up to date as of Oct 20, 2026); FDA final guidance (October 2026), Section VII.5; OECD/LEGAL/0194 (adopted May 12, 1981).
Text version of the figure
What the documents say
  • Neither the October 2026 final guidance nor the remaining 2016 draft mentions GLP or Part 58.
  • Part 58 applies to nonclinical studies supporting applications for research or marketing permits. Its list of covered submissions (§ 58.3(e)) includes food and color additive petitions and INDs; it does not include NDI notifications.
  • FDA recommends recognized protocols such as the OECD Test Guidelines, cited and with any deviation explained. In FDA's words, “You do not have to use specific published protocols in your NDIN.”
Regulation FDA guidance
Why sponsors still choose GLP
  • Reconstructable records. Protocols, raw data, quality-assurance audits and archives let a reviewer trace every result.
  • Reuse in the U.S. The same study may later support a submission Part 58 does cover, such as a food additive petition or an IND.
  • Reuse abroad. Under the OECD Mutual Acceptance of Data decision (1981), data from OECD Test Guidelines and GLP in one adherent country “shall be accepted” in others for assessment; each authority still interprets the results itself.
Verified

Submissions listed in § 58.3(e) include color additive petitions (Part 71), food additive petitions (Parts 171 and 571), GRAS affirmation data (§§ 170.35 and 570.35), investigational new drug applications (Part 312), new drug applications (Part 314), biologics license applications (Part 601), device IDE and PMA submissions, and food contact substance notifications (Part 170, Subpart D). None of the 21 listed types mentions dietary supplements or NDI notifications.

Only the pivotal nonclinical studies are commonly run under GLP; other evidence follows its own quality systemSchematic summary
Typical quality approach for thirteen kinds of study or evidence, grouped by development stage; only the pivotal nonclinical studies are commonly run under GLPExisting evidenceIdentity and qualityExploratory biologyPivotal nonclinicalHuman, product andsynthesisLiterature and history ofuseNon-GLP; documented,reproducible systematicreviewBotanical authenticationQualified methods againstauthenticated referencematerialChemical fingerprintingFit-for-purpose methods;validated where results setspecificationsContaminant screeningLaboratory quality system;ISO/IEC 17025 for themethods adds confidenceIn vitro activity screeningUsually non-GLP; selectscandidates, does not showefficacyCYP and transporterscreeningExploratory first;higher-quality follow-up if asignal appearsExploratory PK and ADMEOften non-GLP at thediscovery stageGenetic toxicity batteryCommonly OECD testguidelines under GLPRepeat-dose and 90-daytoxicologyCommonly OECD testguidelines under GLP; givesthe NOAELHuman tolerability studies21 CFR Parts 50 and 56 andgood clinical practice, notGLPManufacturingqualificationApplicable GMP: Part 111(supplements) or Part 117(ingredients)Shelf-life studiesStability protocols withstability-indicating methodsIntegrated safetyassessmentDocumentedregulatory-scientific review:the safety narrativeGLP commonly chosenGLP is required by Part 58 only when the study supports a covered submission (§ 58.3(e)). Grey: a different quality system applies (GCP or GMP).
21 CFR 58.3; 21 CFR Parts 50, 56, 111 and 117; FDA final guidance (October 2026), footnote 20 on safety-only clinical studies.
Text version: typical quality approach for each study
Typical quality approach for each type of study or evidence
Study or evidenceTypical quality approachWhy it matters
Literature and history-of-use researchNon-GLP; documented, reproducible systematic reviewEstablishes existing evidence and finds gaps
Botanical authenticationQualified analytical and QC methods against authenticated reference materialShows the tested material is what it claims to be
Chemical fingerprintingDocumented, fit-for-purpose methods; validated where results set specificationsLinks test batches to commercial material
Contaminant screeningLaboratory quality system; ISO/IEC 17025 accreditation for the specific methods adds confidenceMeasures known or foreseeable hazards
In vitro activity screeningUsually non-GLP exploratory researchSelects candidates; does not show efficacy
CYP and transporter screeningExploratory first; higher-quality follow-up if a signal appearsFlags interaction liabilities
Exploratory PK and ADMEOften non-GLP at the discovery stageShows exposure and metabolism
Genetic toxicity batteryCommonly OECD test guidelines under GLP; required by Part 58 only for covered submissionsHazard identification FDA's guidance recommends
Repeat-dose and 90-day toxicologyCommonly OECD test guidelines under GLP; required by Part 58 only for covered submissionsThe NOAEL used in the safety calculations
Human tolerability studiesHuman-subject protections (21 CFR Parts 50 and 56) and good clinical practice, not GLPHuman safety under study conditions
Manufacturing qualificationThe applicable GMP: 21 CFR Part 111 for supplements, Part 117 for ingredient-only operationsManufacturing consistency
Shelf-life studiesStability protocols with stability-indicating methodsProduct quality and dating
Integrated safety assessmentDocumented regulatory-scientific reviewThe safety narrative

Sources: 21 CFR 58.1 and 58.3 (eCFR); FDA final guidance (October 2026), Section VII.5; OECD, Decision of the Council concerning the Mutual Acceptance of Data in the Assessment of Chemicals, OECD/LEGAL/0194 (adopted May 12, 1981); FDA final guidance (October 2026), footnote 20 on safety-only clinical studies and Parts 50 and 56.

Explanation, details and sources

Good Laboratory Practice (21 CFR Part 58; OECD Principles of GLP) governs how nonclinical laboratory studies are planned, performed, monitored, recorded, archived and reported. It does not decide which studies an ingredient needs.

EUTECNIQ would design pivotal toxicology studies to GLP standards where the regulatory purpose or a later submission warrants it, and would present that as a data-quality choice. It is not an NDIN legal requirement.

Toxicology and exposure

The gap between historical and proposed exposure decides which studies FDA's guidance points to

History of use comes first; studies fill the exposure gap, and the 90-day NOAEL feeds the safety calculationsFDA guidance VII, Appendix A
How FDA's guidance links the exposure gap to genetic toxicity, repeat-dose, reproductive, toxicokinetic and new-approach studies, the NOAEL and the safety calculationsDocumented history of useConsidered firstProposed conditions of useDose, duration, populationGapThe exposure gapAppendix A lists studies that could fill eachcombination of historical and proposeduse (table below).Studies FDA's guidance points to, VII.1Genetic toxicity batteryTwo-study battery: bacterial mutation plus an in vitromammalian test. Three-study battery adds an in vivo testfor chromosomal damage. Less history, more studies.Repeat-dose oral toxicity14-day study sets the maximum tolerated dose; the90-day study finds the NOAELOne-generation reproductive studyWhen the product is for pregnancy, lactation or youngchildrenToxicokinetics (ADME)Animals or people: was the test species exposed the waypeople will be?New approach methodsIn vitro and in silico: “unlikely to be sufficient … on theirown”; can fill gaps when valid and fit for purposeWhat the results feedPositive genetic toxicity result“A clear but non-quantitativeidentification of a potential hazard”:further testing, such ascarcinogenicity studiesNOAELNo-observed-adverse-effect level ofthe pivotal studySafety calculations, Section IXMargin of safety, ADI and EDI/ADI:calculator belowpositive
FDA final guidance, NDI identity and safety information (October 2026), Sections VII.1, VII.3, VII.6 and Appendix A.
Text version of the figure
Genetic toxicity

A two-study battery (bacterial mutation plus an in vitro mammalian test) or a three-study battery that adds an in vivo test for chromosomal damage. The less history of use, the more studies FDA recommends. A positive result is “a clear but non-quantitative identification of a potential hazard” and calls for further testing, such as carcinogenicity studies.

FDA guidance VII.1, VII.6
Repeat-dose toxicology

A 14-day study to set the maximum tolerated dose, then a 90-day oral study to find the no-observed-adverse-effect level (NOAEL) used in the safety calculations. A one-generation reproductive study applies when the product is for pregnancy, lactation or young children.

FDA guidance VII.1, Appendix A
Toxicokinetics

ADME studies in animals or people show whether the test species was exposed in the way people will be. FDA notes that a human study can help “where available animal models are not ideal to represent human exposure.”

FDA guidance VII.1
Alternative methods

New approach methods, such as in vitro and in silico models, are “unlikely to be sufficient to demonstrate safety on their own” but can fill gaps when shown to be scientifically valid and fit for purpose.

FDA guidance VII.1, VII.3
Show the table (7 rows): FDA Standard Safety Testing Table: studies that could fill a data gap for each combination
FDA Standard Safety Testing Table: studies that could fill a data gap for each combination of historical and proposed use
Documented historical useProposed use of the NDITwo-study genetic toxicity batteryThree-study genetic toxicity batterySingle-dose acute and/or ADME study, animals14-day repeat-dose oral study, animals90-day subchronic oral study, animalsOne-generation rodent reproductive study ^Single-dose tolerability and/or ADME, humans *Repeat-dose tolerability and/or ADME, humans *
Daily chronicIntermittent, serving greater than historical●·● a·●·● a·
Daily chronicDaily chronic, serving greater than historical●·● a·●●● a·
IntermittentIntermittent, serving greater than historical●·● a·●●● a·
IntermittentDaily chronic, serving less than historical·●·●●●··
IntermittentDaily chronic, serving greater than historical·●·●●●·●
No historyDaily chronic·●·●●●·●
No historyIntermittent·●·●●●·●

^ Only relevant if the product is intended for infants, children, or people who are pregnant or lactating. * Human tolerability or ADME studies are case by case, to address existing data gaps. a: an animal or a human single-dose study is equally relevant. FDA says history-of-use data alone should be sufficient when the proposed serving is less than historical use and the proposed pattern is the same or less frequent (daily chronic history with daily chronic or intermittent use; intermittent history with intermittent use). Source: FDA final guidance (October 2026), Appendix A.

FDA final guidance, Section IXEDI = intake ÷ body weight · MoS = NOAEL ÷ EDI · ADI = NOAEL ÷ SF
EDI, mg/kg bw/day0.714
Margin of safety1,400
ADI, mg/kg bw/day1
EDI/ADI0.714
Intake at EDI/ADI = 1, mg/day70

EDI/ADI is at or below 1. Under FDA's guidance this supports, without proving, a reasonable expectation of safety at this intake, if the NOAEL and safety factor are justified.

Where the intake sits against an illustrative dose–response studyInvented study; not data
The curve, its doses and the BMDL are invented and scale with the NOAEL you choose. Shaded: intakes with EDI/ADI ≤ 1. The arithmetic follows FDA's final guidance, Section IX.
Method, assumptions and limits
What it calculates
The estimated daily intake (EDI), margin of safety, acceptable daily intake (ADI), the EDI/ADI ratio, and the intake at which EDI/ADI equals 1, as described in Section IX of FDA's October 2026 final guidance.
Equations
EDI = I ÷ BW. Margin = RP ÷ EDI. ADI = RP ÷ SF. Ratio = EDI ÷ ADI. Intake at ratio 1 = ADI × BW. FDA uses the NOAEL as the reference point (RP).
Variables and units
I: highest total daily intake of the NDI under the proposed conditions of use, mg/person/day (0.1–10,000). BW: body weight, kg (10–120; FDA's worked example uses 70 kg). NOAEL and BMDL10: mg/kg bw/day (NOAEL 1–3,000). SF: combined safety factor, dimensionless.
Safety factors
FDA: usually 100 for a chronic study (10 between species × 10 within people); 1,000 when two 90-day studies in rodent and non-rodent species are extrapolated to chronic use; 2,000 for a single rodent 90-day study, which FDA “strongly discourages” without history-of-use support. FDA calls these approximate values that can move up or down with the data.
Illustrative study
Hill curve f(d) = 100 ÷ (1 + (ED50 ÷ d)²) with ED50 = (20/3) × NOAEL; LOAEL = (10/3) × NOAEL; BMD10 is the dose with a 10 % response; BMDL10 is set to 0.6 × BMD10 for display only. A real BMDL is a statistical lower bound from fitting dose–response models (EFSA 2022).
Decision rule
FDA: EDI/ADI ≤ 1 supports a conclusion that the proposed use will reasonably be expected to be safe; EDI/ADI > 1 means the study does not support it. FDA does not treat the ADI as a sharp line between safe and unsafe.
What it does not establish
It is not a safety determination. It does not choose or validate a NOAEL, weigh study quality, severity or human data, add intake from other sources, or quantify risk. EFSA's margin-of-exposure benchmark of 10,000 applies to substances that are both genotoxic and carcinogenic, with a BMDL10 from an animal study; it does not apply here.
Verification
Reproduces FDA's worked example (NOAEL 3,000 mg/kg bw/day, 1 mg/day, 70 kg, SF 2,000: margin 210,000; ADI 1.5 mg/kg bw/day; EDI/ADI 0.0095, which FDA rounds to 0.01). Seven cases are checked against an independent Python implementation (tests/numerics/ref/regulatory-ndin.py).
References
FDA final guidance, NDI identity and safety information (October 2026), Section IX; EFSA Scientific Committee, Guidance on the use of the benchmark dose approach in risk assessment, EFSA Journal 2022;20(10):e07584; EFSA Scientific Committee, statement on the margin of exposure approach, EFSA Journal 2012;10(3):2578.

FDA names the OECD Guidelines for the Testing of Chemicals, Section 4, the EPA OCSPP harmonized guidelines and FAO/WHO risk-assessment principles as protocol sources (final guidance VII.5). FDA's mouse lymphoma thymidine kinase assay preference corresponds to TG 490. ICH M3(R2) guides pharmaceutical programs and is not an NDIN test list. Titles from the OECD Section 4 listing as published by Germany's BfR.

Academy: reference points, uncertainty factors and human-equivalent dose (Course 9)

Explanation, details and sources

FDA recommends considering history of use first. Studies are added to fill the gap between what people safely consumed and what the product would deliver. Study design and dose–response methods are covered on Toxicology and exposure.

FDA's Standard Safety Testing Table FDA guidance, Appendix A

FDA built this table to illustrate studies that could fill the gap. Firms are “not required to complete and submit all the studies listed in a given row.” Choose a scenario to see its row.

Safety calculations: margin of safety, ADI and the EDI/ADI ratio Educational calculation

FDA recommends a margin of safety in every notification, even one based on history of use. The calculator applies FDA's Section IX arithmetic to an invented dose–response study.

OECD test guidelines commonly used for the studies above
OECD test guidelineTitle
TG 471Bacterial Reverse Mutation Test
TG 490In Vitro Mammalian Cell Gene Mutation Tests Using the Thymidine Kinase Gene
TG 473 · TG 487In Vitro Mammalian Chromosome Aberration Test · In Vitro Mammalian Cell Micronucleus Test
TG 474 · TG 489Mammalian Erythrocyte Micronucleus Test · In Vivo Mammalian Alkaline Comet Assay
TG 407 · TG 408Repeated Dose 28-day and 90-Day Oral Toxicity Studies in Rodents
TG 421 · TG 422Reproduction/Developmental Toxicity Screening Test, alone or combined with a repeated-dose study
TG 414 · TG 443Prenatal Developmental Toxicity Study · Extended One-Generation Reproductive Toxicity Study
TG 417Toxicokinetics
Comparability

A new extract is not covered by an old safety package until comparability is shown

A changed extract inherits an existing safety package only through a documented comparisonProposed workflow FDA guidance VII.4
Comparability workflow: an original extract with safety studies and a changed extract go through a seven-part comparability assessment, which either justifies a bridge or identifies new studies; FDA's composition principle and its root-extract exampleHas safety studiesOriginal extract40 % aqueous ethanol;characterized batchesProposed EUTECNIQ workflowComparability assessment1. Chemical-fingerprint comparison2. Marker and non-marker constituents3. Impurity and degradation-product profiles4. Batch-to-batch equivalence5. Comparative bioaccessibility andexposure6. Process change-control review7. Toxicological data-gap evaluationSafety coverage unknownChanged extractNew solvent and purification;higher concentrationTwo materialsQualitative and quantitative comparisonExistingstudies stillrelevant?Bridge justifiedDocumented reasonswhy the existing studiesapplyNew studies neededTargeted studies for thegaps the comparisonfoundYesGapsFDA's principle, final guidance VII.4Test article identical to theNDIFDA's generalrecommendationComposition differsQualitative and quantitativecomparison neededComposition differs more“The more different … themore difficult” to show thestudy is relevantFDA's exampleData on a dried ground root can support anisopropanol extract of the same root only ifthe extract's components are at the same orlower levels than in the root that was fed.Comparability workflow from an original and a changed extract to a justified bridge or new studiesTwo materialsHas safety studiesOriginal extract40 % aqueous ethanol; characterized batchesSafety coverage unknownChanged extractNew solvent and purification; higher concentrationProposed EUTECNIQ workflowComparability assessment•Chemical-fingerprint comparison•Marker and non-marker constituents•Impurity and degradation-product profiles•Batch-to-batch equivalence•Comparative bioaccessibility and exposure•Process change-control review•Toxicological data-gap evaluationcompareYes: bridge justifiedDocumented reasons why the existing studies applyExisting studies still relevant?Gaps: new studies neededTargeted studies for the gaps foundFDA's principle, final guidance VII.4The more different the test article's composition,the more difficult it is to show the study is relevantFDA generally recommends a test article identical to theNDI.FDA's exampleDried ground root data can support an isopropanolextract of the same root only if the extract'scomponents are at the same or lower levels than inthe root that was fed
Workflow: EUTECNIQ proposal. Principle and example: FDA final guidance, NDI identity and safety information (October 2026), Section VII.4.
Text version of the workflow
  • Original extract. 40 % aqueous ethanol; characterized batches; existing safety studies.
  • Changed extract. New solvent and purification; higher concentration; safety coverage unknown.
  • Comparability assessment. Chemical-fingerprint comparison; marker and non-marker constituents; impurity and degradation-product profiles; batch-to-batch equivalence; comparative bioaccessibility and exposure; process change-control review; toxicological data-gap evaluation.
  • Bridge justified. Documented reasons why the existing studies apply to the new material.
  • New studies needed. Targeted studies for the gaps the comparison found.

Example: a supplier holds safety studies on an extract made with 40 % aqueous ethanol, then introduces a more concentrated extract made with another solvent. EUTECNIQ would not assume the original package applies. FDA's own example accepts data on a dried ground root for an isopropanol extract of the same root only if the extract's components are present at the same or lower levels than in the root that was fed. Proposed workflow FDA guidance VII.4

Explanation, details and sources

FDA generally recommends that the test article be identical to the NDI. When it is not, FDA asks for a qualitative and quantitative comparison, and warns that “the more different the composition of the test article … the more difficult it will be to demonstrate that the study provides relevant safety evidence.”

Master files (draft)

A master file lets an ingredient owner authorize others to rely on its data unseen, under guidance that is still a draft

Under the draft, FDA would review master-file data only through an NDIN that references itDraft guidance, April 2024
How a master file would be referenced under FDA's April 2024 draft guidance: the owner submits it, FDA holds it without a standalone review, the owner authorizes a notifier, the notifier files an NDIN, and FDA reviews both togetherDRAFT GUIDANCE · APRIL 2024 · 89 FR 23599 · NOT FOR IMPLEMENTATION; NOTHING HERE IS BINDING UNTIL FINALIZEDMASTER-FILE OWNERFDANOTIFIERSubmits the master fileCover letter, contents,authorized parties and limits;a U.S. representative ifabroadHolds it; no standalonereviewFDA “does not intend toconduct a scientific review”without a correspondingNDINLetter of authorizationNames the notifier and thesections it may reference; toFDA, copy to the notifierFiles the NDINIncorporates the authorizedsections by reference andincludes the letterReviews both togetherChecks the authorization,then reviews the referenceddata as part of the NDIN✕A right of reference “does not include theright to see or copy the Master File”Master-file dataLetter of authorizationNDINNot an endorsementSubmitting a master file, or FDA's receipt for it, isnot an FDA review, authorization, endorsement orsafety findingConditions of useShould match between the NDIN and the masterfile, or the data may not apply. Closing a filestops future references; earlier NDINs keep it.Confidentiality“No presumption” that master-file contents aretrade secret or CCI; FOIA and 21 CFR Part 20decide. An NDIN is public after 90 days, minusprotected information.How a master file would be referenced under FDA's April 2024 draft guidanceDraft guidance, April 2024 (89 FR 23599). Not forimplementation; nothing here is binding until finalized.1 · Master-file ownerSubmits the master fileCover letter, contents, authorized parties and limits; aU.S. representative if abroad2 · FDAHolds it; no standalone reviewFDA “does not intend to conduct a scientific review”without a corresponding NDIN3 · Master-file ownerLetter of authorizationNames the notifier and the sections it may reference; toFDA, copy to the notifier4 · NotifierFiles the NDINIncorporates the authorized sections by reference andincludes the letter5 · FDAReviews both togetherChecks the authorization, then reviews the referenceddata as part of the NDINA right of reference “does not include the right to seeor copy the Master File”Not an endorsementSubmitting a master file, or FDA's receipt for it, is notan FDA review, authorization, endorsement or safetyfindingConditions of useShould match between the NDIN and the master file,or the data may not applyClosing a file stops future references; earlier NDINs keepit.Confidentiality“No presumption” that contents are trade secret orCCI; FOIA and 21 CFR Part 20 decideAn NDIN is public after 90 days, minus protectedinformation.
Source: FDA, Draft Guidance for Industry: New Dietary Ingredient Notification Master Files for Dietary Supplements (April 2024; docket FDA-2024-D-0706; 89 FR 23599), Sections III.A–III.D and Appendix A. Still draft as of October 22, 2026.
Text version of the figure
  1. Owner submits the master fileCover letter, contents, authorized parties and any limits; a U.S. representative if the owner is abroad
  2. No standalone reviewFDA “does not intend to conduct a scientific review” of a master file without a corresponding NDIN
  3. Letter of authorizationThe owner authorizes a notifier to reference named sections, sent to FDA with a copy to the notifier
  4. Notifier files an NDINThe NDIN incorporates the authorized sections by reference and includes the letter
  5. FDA reviews both togetherFDA checks the authorization, then reviews the referenced data as part of the NDIN
Authorization

A right of reference “does not include the right to see or copy the Master File.” Conditions of use in the NDIN should match those in the master file, or the data may not apply. Closing a file stops future references; earlier NDINs keep it.

Draft guidance
Not an endorsement

Submitting a master file, and any receipt FDA sends for it, is not an FDA review, authorization, endorsement or safety finding. EUTECNIQ would never describe a master file as “FDA-reviewed” or “FDA-accepted.”

Draft guidance Wording risk
Confidentiality

There is “no presumption” that master-file contents are trade secret or confidential commercial information; FOIA and 21 CFR Part 20 decide. An NDIN itself becomes public after 90 days, minus protected information. Pre-submission meeting materials can be requested under FOIA.

Draft guidance Regulation
Explanation, details and sources

FDA's April 2024 draft describes an NDIN master file as identity, manufacturing and/or safety information that the owner submits “for use in evaluating a potential future NDIN” by the owner or by people it designates. Nothing in the draft is binding until finalized.

Document ownership Proposed contract terms

  • Contracts would state who owns study reports, raw data and the dossier; by default, the client that funds the work.
  • They would name who may file the NDIN or master file and who may grant rights of reference, for which sections and for how long.
  • Trade-secret and confidential commercial information would be marked, with the basis explained, as FDA recommends.
  • EUTECNIQ would hold client data under confidentiality agreements and claim no ownership unless agreed in writing.

Commercial model under consideration: a supplier holds its dossier as a master file and authorizes U.S. customers to reference it (see the proposed offering). It relies on draft guidance and on contracts; a right of reference does not replace a compliant notification or guarantee FDA's response. Proposal · relies on draft guidance

Nanotechnology

Safety data on a conventional ingredient are unlikely to cover its nanoscale version

The final guidance has a section on NDIs that contain nanomaterials or otherwise involve nanotechnology. It matters for nanoemulsions and other engineered delivery forms.

FDA's nanotechnology considerations reach up to 1,000 nm, and data on the conventional form are unlikely to cover the nanoscale formFDA guidance VIII.2
FDA's two nanotechnology considerations on a logarithmic size scale: a nanoscale dimension of about 1 to 100 nanometers, and dimension-dependent properties up to 1,000 nanometers, with what a safety narrative would then needSize scale, nanometers (logarithmic)Dimension-dependent properties: up to 1,000 nmNanoscale dimension or structure: about 1 to 100 nmNanoscale dimension or structure, about 1–100 nmProperties attributable to dimensions, up to 1,000 nmDimensionProperties0.11101001,00010,000nmSafety data on the conventionalform“Unlikely to address safetyconcerns specific to thenanomaterial- ornanotechnology-modified version”Safety narrativeExplains how the nanoscale formchanges the ingredient's biologicaland physical behaviorBefore filingFDA recommends contacting itbefore submitting such anotificationWhether it is an NDICase-specific legal question forcounselWhat follows for the notification, final guidance VIII.2
FDA final guidance (October 2026), Section VIII.2, citing FDA, Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology (June 2014). Logarithmic scale.
Text version of the figure

FDA describes such ingredients by a nanoscale dimension or structure (about 1 to 100 nm) and by properties attributable to their dimensions, which can extend up to 1,000 nm. FDA states that “the non-nanotechnology data alone are unlikely to address safety concerns specific to the nanomaterial- or nanotechnology-modified version.”

The safety narrative should explain how the nanoscale form changes the ingredient's biological and physical behavior. FDA recommends contacting it before submitting such a notification. Whether a given nano-enabled form is itself an NDI is a case-specific legal question for counsel.

Explanation, details and sources

For EUTECNIQ's proposed delivery work, this means characterizing droplet or particle size distribution and stability, and planning nano-specific safety evidence early. See emulsions and colloids and delivery technologies.

Proposed offering

Safety dossiers for international ingredient suppliers would be a proposed EUTECNIQ service

One documented dossier, two possible filing routes, and no claim beyond what FDA's process givesProposed service
Proposed supplier dossier service: an international supplier funds the work, EUTECNIQ and qualified partners build a notifier-ready dossier, and U.S. notifiers file either directly or by reference to a master file under draft guidanceInternationalsupplierFunds the dossier and,by default, owns itClientProposedEUTECNIQ would•Assess NDI status questions; flag those forcounsel•Gap analysis against 21 CFR 190.6 and the2026 guidance•Identity, specification and contaminantpackage•Plan, select and oversee external studies•Draft the safety narrative and calculations•Prepare a master file, if the client choosesExternalQualified partners would•GLP toxicology at contract researchorganizations•Human studies under IRB oversight•Analytical testing until EUTECNIQ has alaboratory•Legal opinions on NDI status and labelingWho would do the workNotifier-readydossierIdentity, safetynarrative, calculations,referencesRelies on draft guidanceMaster file and referencesSupplier holds a master file andauthorizes U.S. customers; eachfiles its own NDINDirect NDINThe supplier or a U.S. customerfiles with the full dossierTwo filing routesEUTECNIQ does not claim•Any notification filed, acknowledged or objected to•Any FDA approval; FDA does not approve NDINs•That a dossier guarantees FDA's response•Any client, study or master file to dateLimitsA right of reference does not replace a compliant notification or guaranteeFDA's response.Proposed supplier dossier service and its two filing routesClientInternational supplierFunds the dossier and, by default, owns itProposedEUTECNIQ would•Assess NDI status questions; flag those for counsel•Gap analysis against 21 CFR 190.6 and the 2026guidance•Identity, specification and contaminant package•Plan, select and oversee external studies•Draft the safety narrative and calculations•Prepare a master file, if the client choosesExternalQualified partners would•GLP toxicology at contract research organizations•Human studies under IRB oversight•Analytical testing until EUTECNIQ has a laboratory•Legal opinions on NDI status and labelingNotifier-ready dossierIdentity, safety narrative, calculations, referencesDirect NDINThe supplier or a U.S. customer files with the full dossierRelies on draft guidanceMaster file and referencesSupplier holds a master file and authorizes U.S.customers; each files its own NDINEUTECNIQ does not claim•Any notification filed, acknowledged or objected to•Any FDA approval; FDA does not approve NDINs•That a dossier guarantees FDA's response•Any client, study or master file to date
Service design: EUTECNIQ proposal. Master-file route: FDA draft guidance (April 2024), not final as of October 22, 2026.
Text version of the figure
EUTECNIQ would
  • Assess NDI status questions and flag those that need counsel
  • Run a gap analysis against 21 CFR 190.6 and FDA's 2026 guidance
  • Build the identity, specification and contaminant package
  • Plan, select and oversee external studies
  • Draft the safety narrative and safety calculations
  • Prepare a master file under the draft mechanism, if the client chooses
Proposed
Qualified partners would
  • Run GLP toxicology at contract research organizations
  • Run human studies under IRB oversight
  • Perform analytical testing until EUTECNIQ has its own laboratory
  • Give legal opinions on NDI status and labeling
External partner
EUTECNIQ does not claim
  • Any notification filed, acknowledged or objected to
  • Any FDA approval; FDA does not approve NDINs
  • That a dossier guarantees FDA's response
  • Any client, study or master file to date
Limits
Explanation, details and sources

An overseas manufacturer can hold well-made material without the U.S. evidence a notifier needs. EUTECNIQ proposes to close that gap with a documented, notifier-ready dossier. See the supplier pathway.

Planning a new dietary ingredient?

Start with the eligibility questions and a gap analysis against FDA's 2026 guidance. EUTECNIQ is in formation and welcomes early conversations with suppliers and brands.