Because the Federal Food, Drug, and Cosmetic Act (FFDCA) does not provide a
statutory definition of functional foods, the Food and Drug Administration
has no authority to establish a formal regulatory category for such foods.
The primary determinant of the regulatory status of a food is its intended
use, which is determined largely by the label and labeling information acc
ompanying the product. This information includes nutrient information, nutr
ient content claims, and various types of health claims. In marketing these
foods, manufacturers may come under one of several existing regulatory opt
ions. The first decision manufacturers will make that will help determine t
heir product's regulatory status is whether the product is a food or a drug
. Thus, manufacturers and retailers have a range of legal and regulatory ca
tegories in which their products may be classified. This article describes
the definitions provided in the FFDCA for a drug and a food, the safety and
labeling requirements of various food categories, and types of possible cl
aims for dietary supplements.