{"abstract":"The Food and Drug Administration (FDA, the Agency, or we) is proposing to amend its regulations on investigational new drug applications (INDs) to exempt from the IND requirements certain clinical investigations of lawfully marketed foods for human consumption (including both conventional foods and dietary supplements) and cosmetics when the product is to be studied to evaluate its use as a drug. Under the proposal, clinical studies to evaluate a drug use of such products would not have to be conducted under an IND when, among other things, the study is not intended to support a drug development plan or a labeling change that would cause the lawfully marketed product to become an unlawfully marketed drug, and the study does not present a potential for significant risk to the health, safety, or welfare of subjects. Though exempt from the IND requirements, such investigations would still be subject to other regulations designed to protect the rights and safety of subjects, including requirements for informed consent and review by institutional review boards (IRBs). By exempting from the IND requirements certain clinical investigations of products lawfully marketed as a food or cosmetic, the proposed provisions are intended to reduce the regulatory burden of conducting such studies while retaining protections for human subjects.","action":"Proposed rule.","agencies":[{"raw_name":"DEPARTMENT OF HEALTH AND HUMAN SERVICES","name":"Health and Human Services Department","id":221,"url":"https://www.federalregister.gov/agencies/health-and-human-services-department","json_url":"https://www.federalregister.gov/api/v1/agencies/221","parent_id":null,"slug":"health-and-human-services-department"},{"raw_name":"Food and Drug Administration","name":"Food and Drug Administration","id":199,"url":"https://www.federalregister.gov/agencies/food-and-drug-administration","json_url":"https://www.federalregister.gov/api/v1/agencies/199","parent_id":221,"slug":"food-and-drug-administration"}],"body_html_url":"https://www.federalregister.gov/documents/full_text/html/2022/12/09/2022-26728.html","cfr_references":[{"chapter":null,"citation_url":null,"part":312,"title":21}],"citation":"87 FR 75536","comment_url":null,"comments_close_on":"2023-03-09","correction_of":null,"corrections":[],"dates":"Submit either electronic or written comments on the proposed rule by March 9, 2023. Submit comments on the collection of information under the Paperwork Reduction Act of 1995 by January 9, 2023.","disposition_notes":null,"docket_ids":["Docket No. FDA-2019-N-2650"],"dockets":[{"supporting_documents":[],"agency_name":"FDA","documents":[{"comment_count":21,"comment_start_date":"2022-12-09","updated_at":"2023-03-11T00:01:28.920-05:00","comment_url":"https://www.regulations.gov/commenton/FDA-2019-N-2650-0001","allow_late_comments":null,"id":"FDA-2019-N-2650-0001","comment_end_date":"2023-03-10","regulations_dot_gov_open_for_comment":false}],"supporting_documents_count":0,"id":"FDA-2019-N-2650","title":"Investigational New Drug Applications; Exemptions for Clinical Investigations to Evaluate a Drug Use of a Product Lawfully Marketed as a Conventional Food, Dietary Supplement, or Cosmetic"}],"document_number":"2022-26728","effective_on":null,"end_page":75551,"executive_order_notes":null,"executive_order_number":null,"explanation":null,"full_text_xml_url":"https://www.federalregister.gov/documents/full_text/xml/2022/12/09/2022-26728.xml","html_url":"https://www.federalregister.gov/documents/2022/12/09/2022-26728/investigational-new-drug-applications-exemptions-for-clinical-investigations-to-evaluate-a-drug-use","images":{},"images_metadata":{},"json_url":"https://www.federalregister.gov/api/v1/documents/2022-26728?publication_date=2022-12-09","mods_url":"https://www.govinfo.gov/metadata/granule/FR-2022-12-09/2022-26728/mods.xml","not_received_for_publication":null,"page_length":16,"page_views":{"count":4916,"last_updated":"2026-04-04 14:15:05 -0400"},"pdf_url":"https://www.govinfo.gov/content/pkg/FR-2022-12-09/pdf/2022-26728.pdf","presidential_document_number":null,"proclamation_number":null,"public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2022-26728.pdf?1670507120","publication_date":"2022-12-09","raw_text_url":"https://www.federalregister.gov/documents/full_text/text/2022/12/09/2022-26728.txt","regulation_id_number_info":{"0910-AH07":{"issue":"202410","html_url":"https://www.federalregister.gov/regulations/0910-AH07/investigational-new-drug-applications-exemptions-for-clinical-investigations-to-evaluate-a-drug-use-","title":"Investigational New Drug Applications; Exemptions for Clinical Investigations to Evaluate a Drug Use of a Product Lawfully Marketed as a Conventional Food, Dietary Supplement, or Cosmetic","xml_url":"http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202410&RIN=0910-AH07&operation=OPERATION_EXPORT_XML","priority_category":"Substantive, Nonsignificant"}},"regulation_id_numbers":["0910-AH07"],"regulations_dot_gov_info":{"supporting_documents":[],"comments_count":21,"agency_id":"FDA","comments_url":"https://www.regulations.gov/docketBrowser?rpp=50&so=DESC&sb=postedDate&po=0&dct=PS&D=FDA-2019-N-2650","supporting_documents_count":0,"docket_id":"FDA-2019-N-2650","document_id":"FDA-2019-N-2650-0001","regulation_id_number":null,"title":"Investigational New Drug Applications; Exemptions for Clinical Investigations to Evaluate a Drug Use of a Product Lawfully Marketed as a Conventional Food, Dietary Supplement, or Cosmetic","checked_regulationsdotgov_at":"2023-03-12T02:00:07Z"},"regulations_dot_gov_url":null,"significant":false,"signing_date":null,"start_page":75536,"subtype":null,"title":"Investigational New Drug Applications; Exemptions for Clinical Investigations To Evaluate a Drug Use of a Product Lawfully Marketed as a Conventional Food, Dietary Supplement, or Cosmetic","toc_doc":"Exemptions for Clinical Investigations to Evaluate a Drug Use of a Product Lawfully Marketed as a Conventional Food, Dietary Supplement, or Cosmetic","toc_subject":"Investigational New Drug Applications:\n","topics":["Drugs","Exports","Imports","Investigations","Labeling","Medical research","Reporting and recordkeeping requirements","Safety"],"type":"Proposed Rule","volume":87}