NutraCast: Exploring key differences in regulatory frameworks governing dietary supplements in the U.S. and the EU

FoodChain ID works with over 30,000 other companies across the global supply chain to help them stay compliant in various countries (and states). 

When looking at the key differences in the regulatory frameworks governing ingredients for nutritional use in supplements in the U.S. and the EU, attorney Kevin Kenny, a consultant for FoodChain ID, said there are some overarching similarities, but the systems are built very differently between the two.

“Very often, a product that you can sell in the United States [if] you ship it across the Atlantic, you can’t sell it exactly the same here,” Kenny said. 

“Some additives that are used here are not permitted in supplements in the European Union. In a few cases, it’s the other way around, but mostly we still use some things that are not used in the European Union. That obviously adds some layers of challenge to this.”

Kenny said the biggest challenge in the U.S. right now is on the state side, with federal rules competing with individual state regulations. 

“If you’re trying to protect safety, having different requirements in each different state is the worst way to do that because instead of having one set of rules that you can learn, understand and comply with across all of the states, you suddenly have to figure out what are these different mosaics,” he said.  “It is a very painful moment right now, and I hope to God that FDA stands up and pushes back on some of this because it’s becoming more and more of a problem over time.”