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CONTROL OF DIETARY
    SUPPLEMENTS IN
       MALAYSIA

           TAN LIE SIE

  DRUG EVALUATION AND SAFETY DIVISION
NATIONAL PHARMACEUTICAL CONTROL BUREAU
   MINISTRY OF HEALTH MALAYSIA
CONTENTS

    Food / Drug Interface

    Regulatory Process in Malaysia

    Concerns

    Conclusion
FOOD/DRUG INTERFACE
    What is this interface?
    - interaction of 2 regulatory
      regimes;
    - no internationally
      standardised approach;
    - complex, with public health and
      safety implications
Guide to Classification of Food-Drug Interface Products
        (Guide to determining if a product is to be regulated by the NPCB/FQC)

                                                                             Product



                                                                           Ingredients




       Pure Form of active                          Natural product that are not
                                                                                                                                 Food base
     ingredient (singly or in                    traditionally used as food and of
          combination)                                    medicinal value



          ♦ Vitamin                            • Alfalfa tablets
          ♦ mineral                            • Spirulina
          ♦ amino acid                         • Royal Jelly                   If a product contains less than 80%                      If a product contains 80% or
          ♦ Fatty acid                         • Noni Juice                    of food ingredients, and more than                     more of food ingredients, singly
          ♦ Fibre                                                              20% active ingredients, such                          or in combination, and with equal
          ♦ LyophilizedBacteria
                                               • Pegaga tablet
          ♦ Enzyme                             • Herbal product                products should be regulated by                        to or less than 20% biologically
                                                                               NPCB. Not withstanding this general                      active ingredients of natural
                                                                               rule, for products containing specific                  products with pharmacological
                                                                               ingredients which possess high                         and / or therapeutic properties,
                                                                               potencies, even if they contain less                   the product has to be regulated
                                                                               than 20% of the active ingredients,                                by BKMM
                                                                               they shall be reviewed by the
        NPCB-National Pharmaceutical Control Bureau                            Committee and may be regulated by
                                                                               BPFK if it is found appropriate
        FQC – Food Quality Control Division


•  If a product is more than 80% food based but contains pure forms of active ingredient (e.g.: vitamins & minerals) that exceed the amounts permitted in Food Regulations 1985,
   the company shall be advised to reduce the amounts of these active ingredients and be regulated by FQC.
•  Intended use and claim should not be used as sole criteria for classification but can be used as a guide
•  Instruction for use and pharmaceutical dosage form like tablet, capsule, should not be used as criteria for classification but can be used as a guide.
FOOD/DRUG INTERFACE
    If a product contains less than 80% of food
     ingredients, and more than 20% active
     ingredients, such products should be
     regulated by NPCB. Not withstanding this
     general rule, for products containing specific
     ingredients which possess high potencies,
     even if they contain less than 20% of the
     active ingredients, they shall be reviewed by
     the Committee and may be regulated by
     BPFK if it is found appropriate
FOOD/DRUG INTERFACE
    If a product is more than 80% food based
     but
     contains pure forms of active ingredient
     (e.g.: vitamins & minerals) that exceed the
     amounts permitted in Food Regulations
     1985,
     the company shall be advised to reduce the
     amounts of these active ingredients and be
     regulated by BKMM.
FOOD/DRUG INTERFACE
Following criteria should not be used as
sole criteria for classification but can be
used as a guide

    Intended use and claim

    Instruction for use and pharmaceutical
     dosage forms like tablet, capsule, etc
DRUG CONTROL AUTHORITY




NATIONAL PHARMACEUTICAL
 CONTROL BUREAU (NPCB)
 (as Secretariat / Executive Arm)
DRUG CONTROL AUTHORITY
               (DCA)

    Register all drugs (prescription, over-the-
     counter and herbal medicines) and cosmetic
     products
    License manufacturers, importers and
     wholesalers of registered products
    Monitor the quality and safety of marketed
     products through Post-Registration Market
     Surveillance & Adverse Drug Reactions
     Reporting
The Control of Drugs and
 Cosmetics Regulations 1984


Regulation 7(1)(a) requires ALL products to be
registered with the DCA prior to being
imported, manufactured, sold or supplied,
unless the product is exempted under specific
provisions of these Regulations.
The Control of Drugs and
 Cosmetics Regulations 1984


A product as defined in the Regulations,
means a drug in a pharmaceutical dosage
form, or a cosmetic, having a singular
identity, composition, characteristics and
origin .
The Control of Drugs and
Cosmetics Regulations 1984
A drug is used on humans (and animals)
  to prevent, cure, treat, or reduce illness ,

  to diagnose disease,

  for contraception,

  to induce anaesthesia (sedate),

  to change or to control physiological function,

  to control body weight,

  general maintenance or promotion of health or
   well being
DIETARY SUPPLEMENTS

    Products intended to supplement the diet,
    taken by mouth in forms such as pills,
    capsules, tablets, liquids or powders and not
    represented as conventional food.

    May include ingredients such as
      Vitamins, Minerals, Amino Acids,

         Natural Substances of plant/animal origin,
         Enzymes
         Substances with nutritional / physiological
         function
Why register dietary
     supplements?
Need to protect consumer interests
* Record of products registered and
   their respective responsible
   market authoriztion holders and
   manufacturers
* Monitoring and enforcement
* Regulate claims
* Safety aspects
REGISTRATION CRITERIA

                   SAFETY
    Products will not be registered if there are
     public health concerns based on safety
     considerations (ingredients used, combinations)
    Upper daily limits set for some vitamins and
     minerals
    Warnings/precautions may be required in
     product labelling
REGISTRATION CRITERIA

                  QUALITY
    Have to comply with current Good Manufacturing
     Practices (cGMP) requirements
             - infrastructure /facilities
             - personnel
             - processes and controls
    Should conform to set standards of quality
             - raw materials
             - finished product
             - stability testing
REGISTRATION CRITERIA


             CLAIMS ( EFFICACY )
    Supplements may not bear disease claims (ie
     capable of curing, treating or preventing
     disease); either explicit or implied
    Allowed to be indicated as Dietary / Food/
     Nutritional Supplement
    Function claims which describe the
     physiological role of the nutrient in normal
     functioning of the body may be permitted
REGISTRATION PROCESS

   On-line registration process (single
    stage)
   Implementation of the on-line registration
   system :
  1 July 2003 - for pharmaceuticals

   (generics), and the OTC products
  1 January 2004 - for traditional products

  1 Mac 2004 - targeted date for the NCE

   and Biotech products
Flow Chart of Registration Process
(Pre-market Approval)
        Applicant


      Obtain smart card
                                                           Legal Requirements
   Input data & submit
                                                           Guidelines, Criteria,
                                                           Process (abridged)
       BPFK evaluate
         application
                                                           Quality test for
                        Not
                    satisfactory
                                      Request for
                                     additional info        traditional products
Satisfactory

     Prepare evaluation
           report


                       Report      Request for
             JKPP
                     incomplete     additional
   Report                              info
  complete
         Secretariat                 DCA
REGISTRATION PROCESS


  Unique registration no MAL20001198X
  Registration for a maximum period of 5

   years
  Updating of product information

  Re-register before expiry of term to be

   maintained on product register
CONCERNS

    Consumer perception that a product in the
     form of a medicine is perceived to be a drug
     for treatment
    Responsible information provision. There is
     potential high risk to consumers as a result of
     insufficient or incorrect information, or
     fraudulent products.
     - Although a product may not be toxic or
     dangerous, consumers may compromise their
     health by not seeking proper medical
     attention.
     - Claims about supplements should not divert
     attention away from eating a healthy diet
CONCLUSION


 There is tremendous interest in and
demand for health supplements and a
 need for regulators to accommodate
 both the industry and consumers in
              this area.
CONCLUSION


  However the growing market for
   supplements in a less restrictive
 regulatory environment creates the
potential for supplements to be prone
     to quality-control problems
CONCLUSION

   Authority to regulate and approve
   product registration and licensing
through pre-market assessment helps
 ensure that consumers have access to
  safe, high quality, properly labeled
                products.
http: // www.bpfk.gov.my

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Control of dietary supplements in malaysia

  • 1. CONTROL OF DIETARY SUPPLEMENTS IN MALAYSIA TAN LIE SIE DRUG EVALUATION AND SAFETY DIVISION NATIONAL PHARMACEUTICAL CONTROL BUREAU MINISTRY OF HEALTH MALAYSIA
  • 2. CONTENTS   Food / Drug Interface   Regulatory Process in Malaysia   Concerns   Conclusion
  • 3. FOOD/DRUG INTERFACE   What is this interface?   - interaction of 2 regulatory regimes;   - no internationally standardised approach;   - complex, with public health and safety implications
  • 4. Guide to Classification of Food-Drug Interface Products (Guide to determining if a product is to be regulated by the NPCB/FQC) Product Ingredients Pure Form of active Natural product that are not Food base ingredient (singly or in traditionally used as food and of combination) medicinal value ♦ Vitamin • Alfalfa tablets ♦ mineral • Spirulina ♦ amino acid • Royal Jelly If a product contains less than 80% If a product contains 80% or ♦ Fatty acid • Noni Juice of food ingredients, and more than more of food ingredients, singly ♦ Fibre 20% active ingredients, such or in combination, and with equal ♦ LyophilizedBacteria • Pegaga tablet ♦ Enzyme • Herbal product products should be regulated by to or less than 20% biologically NPCB. Not withstanding this general active ingredients of natural rule, for products containing specific products with pharmacological ingredients which possess high and / or therapeutic properties, potencies, even if they contain less the product has to be regulated than 20% of the active ingredients, by BKMM they shall be reviewed by the NPCB-National Pharmaceutical Control Bureau Committee and may be regulated by BPFK if it is found appropriate FQC – Food Quality Control Division •  If a product is more than 80% food based but contains pure forms of active ingredient (e.g.: vitamins & minerals) that exceed the amounts permitted in Food Regulations 1985, the company shall be advised to reduce the amounts of these active ingredients and be regulated by FQC. •  Intended use and claim should not be used as sole criteria for classification but can be used as a guide •  Instruction for use and pharmaceutical dosage form like tablet, capsule, should not be used as criteria for classification but can be used as a guide.
  • 5. FOOD/DRUG INTERFACE   If a product contains less than 80% of food ingredients, and more than 20% active ingredients, such products should be regulated by NPCB. Not withstanding this general rule, for products containing specific ingredients which possess high potencies, even if they contain less than 20% of the active ingredients, they shall be reviewed by the Committee and may be regulated by BPFK if it is found appropriate
  • 6. FOOD/DRUG INTERFACE   If a product is more than 80% food based but contains pure forms of active ingredient (e.g.: vitamins & minerals) that exceed the amounts permitted in Food Regulations 1985, the company shall be advised to reduce the amounts of these active ingredients and be regulated by BKMM.
  • 7. FOOD/DRUG INTERFACE Following criteria should not be used as sole criteria for classification but can be used as a guide   Intended use and claim   Instruction for use and pharmaceutical dosage forms like tablet, capsule, etc
  • 8. DRUG CONTROL AUTHORITY NATIONAL PHARMACEUTICAL CONTROL BUREAU (NPCB) (as Secretariat / Executive Arm)
  • 9. DRUG CONTROL AUTHORITY (DCA)   Register all drugs (prescription, over-the- counter and herbal medicines) and cosmetic products   License manufacturers, importers and wholesalers of registered products   Monitor the quality and safety of marketed products through Post-Registration Market Surveillance & Adverse Drug Reactions Reporting
  • 10. The Control of Drugs and Cosmetics Regulations 1984 Regulation 7(1)(a) requires ALL products to be registered with the DCA prior to being imported, manufactured, sold or supplied, unless the product is exempted under specific provisions of these Regulations.
  • 11. The Control of Drugs and Cosmetics Regulations 1984 A product as defined in the Regulations, means a drug in a pharmaceutical dosage form, or a cosmetic, having a singular identity, composition, characteristics and origin .
  • 12. The Control of Drugs and Cosmetics Regulations 1984 A drug is used on humans (and animals)   to prevent, cure, treat, or reduce illness ,   to diagnose disease,   for contraception,   to induce anaesthesia (sedate),   to change or to control physiological function,   to control body weight,   general maintenance or promotion of health or well being
  • 13. DIETARY SUPPLEMENTS   Products intended to supplement the diet, taken by mouth in forms such as pills, capsules, tablets, liquids or powders and not represented as conventional food.   May include ingredients such as   Vitamins, Minerals, Amino Acids,   Natural Substances of plant/animal origin, Enzymes   Substances with nutritional / physiological function
  • 14. Why register dietary supplements? Need to protect consumer interests * Record of products registered and their respective responsible market authoriztion holders and manufacturers * Monitoring and enforcement * Regulate claims * Safety aspects
  • 15. REGISTRATION CRITERIA SAFETY   Products will not be registered if there are public health concerns based on safety considerations (ingredients used, combinations)   Upper daily limits set for some vitamins and minerals   Warnings/precautions may be required in product labelling
  • 16. REGISTRATION CRITERIA QUALITY   Have to comply with current Good Manufacturing Practices (cGMP) requirements - infrastructure /facilities - personnel - processes and controls   Should conform to set standards of quality - raw materials - finished product - stability testing
  • 17. REGISTRATION CRITERIA CLAIMS ( EFFICACY )   Supplements may not bear disease claims (ie capable of curing, treating or preventing disease); either explicit or implied   Allowed to be indicated as Dietary / Food/ Nutritional Supplement   Function claims which describe the physiological role of the nutrient in normal functioning of the body may be permitted
  • 18. REGISTRATION PROCESS On-line registration process (single stage) Implementation of the on-line registration system :   1 July 2003 - for pharmaceuticals (generics), and the OTC products   1 January 2004 - for traditional products   1 Mac 2004 - targeted date for the NCE and Biotech products
  • 19. Flow Chart of Registration Process (Pre-market Approval) Applicant Obtain smart card   Legal Requirements Input data & submit   Guidelines, Criteria,   Process (abridged) BPFK evaluate application   Quality test for Not satisfactory Request for additional info traditional products Satisfactory Prepare evaluation report Report Request for JKPP incomplete additional Report info complete Secretariat DCA
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  • 29. REGISTRATION PROCESS   Unique registration no MAL20001198X   Registration for a maximum period of 5 years   Updating of product information   Re-register before expiry of term to be maintained on product register
  • 30. CONCERNS   Consumer perception that a product in the form of a medicine is perceived to be a drug for treatment   Responsible information provision. There is potential high risk to consumers as a result of insufficient or incorrect information, or fraudulent products. - Although a product may not be toxic or dangerous, consumers may compromise their health by not seeking proper medical attention. - Claims about supplements should not divert attention away from eating a healthy diet
  • 31. CONCLUSION There is tremendous interest in and demand for health supplements and a need for regulators to accommodate both the industry and consumers in this area.
  • 32. CONCLUSION However the growing market for supplements in a less restrictive regulatory environment creates the potential for supplements to be prone to quality-control problems
  • 33. CONCLUSION Authority to regulate and approve product registration and licensing through pre-market assessment helps ensure that consumers have access to safe, high quality, properly labeled products.