Regulatory Brief

 FDA Draft Compliance Policy on Dog and Cat Foods with Health Claims

Formal Title: Docket Number [FDA-2012-D-0755] Availability of Draft Compliance Policy Guide Sec. 690.150 on Labeling and Marketing of Nutritional Products Intended for Use To Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats; Notice

Brief Description:

The Food and Drug Administration (FDA) announced the availability of a draft compliance policy guide (CPG) entitled “Compliance Policy Guide Sec. 690-150 Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.” The draft CPG is intended to provide guidance to FDA staff and industry on how FDA intends to use its enforcement discretion with regard to the labeling and marketing of dog and cat food products that are labeled and/or marketed as intending to diagnose, cure, mitigate, treat, or prevent diseases and to provide nutrients in support of meeting the animal’s total daily nutrient requirements.

AVMA Response:

The AVMA appreciates the clarification provided in the FDA’s draft CPG, which has some shared components with AVMA’s policy on Pet Food Health Claims. The AVMA recognizes that the FDA uses enforcement discretion in the oversight of certain pet food claims. Even though many of these foods could legally be considered drugs, certain claims are not FDA approved; consequently, the AVMA agrees with FDA that unapproved products with drug claims have not been evaluated by FDA for safety, efficacy, or nutritional adequacy. Therefore, the AVMA continue to recommend FDA require that all pet food products with implied or explicit health or drug claims include a prominent statement on the label indicating that these claims have not been evaluated by the FDA. As the FDA anticipates implementing its CPG, we continue to support the use of enforcement discretion by state and federal officials with respect to the marketing of certain additives incorporated into pet foods, such as glucosamine, because of their common and long history of use in the management of osteoarthritis and the absence of significant safety concerns.

Background Documents:

View Federal Register document (PDF)

Status: