The label and the ingredient were treated as one question
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The label was assumed to settle the category
Element (C) requires that the product be labeled as a dietary supplement, and satisfying it is necessary rather than sufficient. The ingredient gate is a separate test.
Or the ingredient was assumed to settle the label
An ingredient with a long American history still has to meet all three elements of the definition, two of which are about words on the package.
Element (B) was failed in the marketing copy
Representing a product for use as a conventional food, or as a sole item of a meal or the diet, takes it outside the definition however the label panel is set.
New was read as recently discovered
It means not marketed in the United States before October 15, 1994. An ancient plant can be a new dietary ingredient and a familiar-sounding one can be too.
The form was ignored inside the date
Marketed before the date in what form is part of the question, and the first route turns on a form in which the food has not been chemically altered.
An extract was assumed to inherit the plant's history
Which is exactly the determination the chemical alteration language asks about, and it is not ours to make.
The word "only" was skipped
The food supply route requires a supplement containing only such ingredients. One ingredient outside the description closes that route for the whole product.
The 75 days were not in the project plan
They run before introduction or delivery for introduction into interstate commerce, which is before the product ships. Containers and labels have lead times that sit inside the same window.
A container page was read as an all-clear
It is not, and this property is written so that it cannot be. We sell jars and make no statement about any of the six botanicals named here.
And state law was left out
Several of these are treated differently from state to state. A federal reading is half an answer at most.