FDA Adds a Dose of Clarity to the NDIN Process

June 16, 2025

Reading Time : 1 min

Last week, the U.S. Food and Drug Administration (FDA) released two educational videos and a supplemental fact sheet to guide dietary supplement manufacturers and distributors through the New Dietary Ingredient Notification (NDIN) review process. Under Section 413 of the Federal Food, Drug, and Cosmetic Act, manufacturers and distributors must submit an NDIN to notify FDA before marketing a dietary supplement with a new dietary ingredient. These resources offer guidance on structuring submissions and outline what to expect during the agency’s review. Ultimately, they are intended to enhance the quality of NDIN submissions and minimize common pitfalls, with the goal of avoiding delays or unfavorable results in the agency’s review.

Key Takeaways:

  • Clearly Establish Ingredient Identity: Include detailed manufacturing process information, chemical/physical properties and testing specifications (i.e., purity, strength and impurities).
  • Precisely Define Intended Use: Avoid over-relying on previous NDINs for other manufacturers/distributors.
  • Submit Relevant and Complete Safety Data: Focus on data supporting safety for the intended conditions of use and avoid including extraneous material.
  • Provide Full Supporting References: Submit full texts (e.g., PDFs or scans) of cited studies and provide English translations where applicable.
  • Expect and Prepare for FDA Follow-Up: Note that FDA may issue follow-up questions during its scientific review—typically within the 75-day review window. Additional inquiries may include clarification on the ingredient identity, safety evidence or manufacturing details.

Companies planning to market dietary supplements with new ingredients should view these materials as a roadmap for drafting more compliant NDIN submissions. Taking the time to align early with FDA’s expectations can help avoid costly delays and improve the likelihood of a successful review.

Share This Insight

Previous Entries

Eye on FDA

March 24, 2026

On March 20, 2026, the Food and Drug Administration (FDA) announced the agency will hold a public hearing on the Commissioner’s National Priority Voucher (CNPV) Pilot Program, with a Federal Register notice soliciting public comment and scheduling a public hearing for June 12, 2026. As previously noted here and here, the program was announced in June 2025 for the purpose of providing select sponsors with a nontransferable voucher for enhanced engagement with FDA and expedited review for drugs and biologics supporting one or more critical national health priorities, while maintaining adherence to the law’s rigorous safety and effectiveness standards. The national health priorities include public health crisis response, innovative breakthrough therapies, large unmet medical needs, onshoring and supply chain resilience initiatives, and affordability improvements. To date, FDA has issued 18 Commissioner’s National Priority vouchers and approved four products to receive these vouchers, including two oncology drugs 44 and 55 days after filing.

...

Read More

Eye on FDA

March 20, 2026

On March 18, 2026, the Food and Drug Administration (FDA) issued draft guidance entitled “General Considerations for the Use of New Approach Methodologies in Drug Development.” The guidance is meant to provide drug developers with a validation framework and general recommendations for using new approach methodologies (NAMs) in drug development. The use of NAMs can improve predictive toxicology in humans and reduce reliance on animal testing.

...

Read More

Eye on FDA

March 16, 2026

On March 9, 2026, the Food and Drug Administration (FDA) published a draft guidance, “Responding to FDA Form 483 Observations at the Conclusion of a Drug CGMP Inspection.” The guidance is intended for foreign and domestic human and animal drug establishments manufacturing drugs regulated by the Center for Drug Evaluation and Research (CDER), the Center for Biologics Evaluation and Research (CBER) and the Center for Veterinary Medicine (CVM). The guidance is also intended for combination product manufacturers for which CDER or CBER is the lead center.

...

Read More

Eye on FDA

March 13, 2026

In March 2026, the Food and Drug Administration (FDA) issued draft guidance for the industry, New Clinical Investigation Exclusivity (3-Year Exclusivity) for Drug Products: Questions and Answers, providing additional clarity on eligibility for and requests for 3-year exclusivity under the Federal Food, Drug and Cosmetic Act for qualifying drug products.

...

Read More

© 2026 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.