This is one of the most misunderstood areas of health regulation. The short answer: Congress deliberately created a separate category for these products in 1994.
In 1994, Congress passed the Dietary Supplement Health and Education Act (DSHEA), which established a separate regulatory framework for vitamins, minerals, herbs, amino acids, and related products. Under DSHEA, the FDA does not have the authority to approve dietary supplements before they reach the market. [9]
Unlike prescription drugs — which must demonstrate safety and efficacy through clinical trials before approval — dietary supplements are regulated more like food. Manufacturers are responsible for ensuring their products are safe, but they do not need to prove effectiveness or submit pre-market evidence to the FDA. [10]
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Prescription Drugs
Must complete multi-phase clinical trials, submit an NDA, and receive explicit FDA approval before sale. Post-market surveillance required.
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Dietary Supplements
Regulated under DSHEA as a special food category. FDA does not approve them pre-market. Manufacturers cannot make disease treatment claims. [9]
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Compounded Medications
Prescription preparations customized for individual patients. Legally exempt from FDA's new drug approval process under Section 503A of federal law.
Peptides occupy a nuanced middle ground. Common peptides like GHK-Cu, NAD+, glutathione, BPC-157, and AOD-9604 are not classified as dietary ingredients under DSHEA unless they occur naturally in food. [11] This means they cannot legally be sold as dietary supplements for human consumption. Instead, they exist in the U.S. market primarily as: