Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1Your product is not the subject of an approved BLA nor is there an IND in effect for its use. Based on this information, your actions have violated the FD&C Act and the PHS Act.
Passage 2your Evivo with MCT Oil product is an adulterated food under section 402(a)(2)(C)(i) of the FD&C Act [21 U.S.C. § 342(a)(2)(C)(i)], because when intended for consumption by preterm infants, this use of *B. longum* subsp. *infantis* “EVC001” is an unsafe food additive within the meaning of sections 201(s) and 409(a) of the FD&C Act.
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 170.30
- 21 CFR 312