Contact us

Thank you for your interest in Garg Law PLLC.

Our commitment to understanding your regulatory questions and business goals, and helping you achieve results starts here.

If you are looking for representation on a new matter, please fill out the form below to request a free consultation. The form enables us to conduct a preliminary check for potential conflicts of interest and to determine if we can proceed with the free consultation.

FDA India Office Addresses Safety and Regulatory Issues for Herbal and Ayurvedic Products

Building Strong Partnerships

Since 2008, the FDA India Office in New Delhi has worked to build strong partnerships with India’s national and state regulatory authorities. This collaboration helps the FDA understand India’s legal and regulatory frameworks and share information about FDA’s science-based regulations and requirements. A key focus area is herbal and Ayurvedic products, which are deeply rooted in Indian culture and the marketplace. Director Gregory Smith and Sr. Technical Advisor Dr. Pankaja Panda discuss these efforts in a recent blog.

The Role of Ayurveda in India

India is the birthplace of Ayurveda, a traditional medical system. Ayurveda, meaning “science of life” in Sanskrit, is widely used in India for treating chronic diseases and enhancing overall health. Herb-based formulas are one of the many modalities in Ayurveda.

U.S. Market and Safety Concerns

In 2023, the U.S. market accounted for more than 25% of the Ayurvedic and herbal products exported by India, according to the Indian Ministry of AYUSH. However, the FDA has raised safety concerns about some of these products, particularly regarding the presence of heavy metals like lead, mercury, and arsenic.

Regulatory Challenges

Educating Indian regulators, manufacturers, and exporters about FDA requirements is challenging due to the differences in how these products are used and regulated in India compared to the U.S. In the U.S., Ayurvedic products can be regulated as drugs, dietary supplements, conventional foods, cosmetics, or even devices, unlike in India where they are regulated as traditional medicines.

Recent Engagements and Findings

At the 3rd International AROGYA Conference in Lucknow, India, earlier this year, various Ayurvedic medicines were displayed, including herbal products with claims for treating diabetes, high blood pressure, GI issues, heart health, and fertility. Such claims are generally allowable in India but not in the U.S. without FDA approval.

FDA’s Regulatory Perspective

Products intended for the Indian market may not meet U.S. legal standards, leading to detentions at U.S. entry points for being “unapproved new drugs” or “misbranded drugs.” The FDA requires specific evidence for product approval, which can be a delicate topic given the long history of Ayurvedic use.

Educational Efforts

The FDA India Office (INO) actively works to understand the herbal products industry in India and communicate FDA perspectives. Participation in events like the AROGYA Conference allows FDA staff to educate the industry on U.S. regulatory expectations for herbal and Ayurvedic products.

Training and Good Practices

In 2023, the FDA India Office co-hosted training for growers and producers of spices, herbs, and botanicals. The training focused on Good Agricultural Practices (GAPs) and Good Manufacturing Practice (GMP) requirements to ensure the safe production of botanical products.

Navigating U.S. Regulations

Given the complexity of the U.S. legal landscape, companies and individuals in India looking to sell FDA-regulated products in the U.S., as well as importers, should seek advice from experts in U.S. food and drug law. Such experts can help ensure that herbal and Ayurvedic products are marketed legally in the United States.


Need Help Navigating These Updates?

Garg Law is here to assist you with understanding and complying with FDA changes. Our expertise in FDA regulations ensures you stay compliant and informed.

Contact Us today for tailored legal advice and support.

Read the full FDA article here.

Request a Consultation

★★★★★

Working with Shelly on various new product launches over the last couple of years has been seamless. Quick and clear guidance is always what we get.
R.G. Client
I've been working with Shelly and her team at Garg law for a little while now and they are fantastic! Very responsive, professional and they certainly get things done. Extremely satisfied with their service and highly recommend.
Mike H. Client
Ms Garg helped my company navigate an FDA import issue. She achieved an excellent result, was very responsive and professional, and managed to keep the project within budget. She is a stellar attorney.
Dr. Sastry Client
I have been using Shelly Garg as FDA Counsel for 10+ years, since she was at another international law firm. While we continued to use the previous firm she was at (mainly due to the process required to change firms), we realized the quality of counsel was not the same. We have since been using Garg Law and the ease of use and trust in the knowledge was back instantly. Shelly has the skills to help me understand the regulations (by translating into layman's terms) and risks in a manner that is specific to my business. She is also extremely timely in her responses which is critical when we have a deadline mandated by the FDA. Many other attorneys cite the regulations which l've already read, but need further counsel. In my opinion, this demonstrates Shelly's in-depth knowledge of the regulations, how they pertain to the law, and how they are applicable IRL. Shelly's personable approach and pleasant manner in communication makes it very easy to have been work with her and have productive discussions on the best next steps. She truly has a passion iternational for all things FDA and I've learned so much from her.
Claire P. Client

News & Insights

Get the latest news on FDA regulatory delivered straight to your inbox.