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To be exempt [21 CFR 312.2(b)], 1) the drug must be lawfully marketed in the US, 2) the study cannot be intended to support a new indication or other docHub change in product labelling, 3) the study cannot be intended to support a docHub change in advertising for the drug or be used to promote the drug, and 4
An IND should be submitted when planning to test a new drug in humans, when planning to use an approved drug for an indication that has not been in the approved labeling, when administered at a different dosage or by a different route of administration, and when administered to a different population (unless certain
When a lawfully marketed botanical dietary supplement is studied for its dietary supplement use (i.e., structure and/or function claims), an IND is not required. Structure and function claims are statements that describe the effect a dietary supplement may have on the structure or function of the human body.
Among facts needed for the application are: Patent and manufacturing information. Drug safety and specific effectiveness for its proposed use(s) when used as directed. Reports on the design, compliance, and conclusions of completed clinical trials by the Institutional Review Board. Drug susceptibility to abuse.
The proposed rule would establish new IND exemptions for certain clinical investigations of products lawfully marketed as foods and cosmetics, similar to an exemption that already applies to some clinical investigations of drug products lawfully marketed in the United States.
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If the clinical investigation is intended only to evaluate the dietary supplements effect on the structure or function of the body, an IND is not required.
An Investigational New Drug Application (IND) is a request for authorization from the Food and Drug Administration (FDA) to administer an investigational drug or biological product to humans.
In the IND application, researchers must include: Animal study data and toxicity data. Manufacturing information. Clinical protocols (study plans) for studies to be conducted. Data from any prior human research. Information about the investigator.
Once the IND is submitted, the sponsor must wait 30 calendar days before initiating any clinical trials. During this time, FDA has an opportunity to review the IND for safety to assure that research subjects will not be subjected to unreasonable risk.

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