Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1these products are unapproved new drugs introduced or delivered for introduction into interstate commerce in violation of sections 505(a) and 301(d) of the Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. 355(a) and 331(d).
Passage 2these products are misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee).
Passage 3they are intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and/or under section 201(g)(1)(C) of the FD&C Act, 21 U.S.C. 321(g)(1)(C), because they are intended to affect the structure or any function of the body.
Passage 4“…Anti-Microbial. . . Kills bacteria on contact..” [from your https://www.shoplet.com/Ameriderm-AmeriWash-Antimicrobial-Lotion-Soap-with-Triclosan-1-Gallon/ADM210EA/spdv product page]
Passage 5these products fall under section 505G(a)(5) of the FD&C Act, 21 U.S.C. 355h(a)(5), because FDA has determined that topical consumer and health care antiseptic nonprescription drug products containing triclosan are not GRASE under a final determination issued under 21 CFR part 330.
Passage 6the “Ameriderm AmeriWash Antimicrobial Lotion Soaps with Triclosan” are misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee), because these products are nonprescription drugs subject to section 505G of the FD&C Act, 21 U.S.C. 355h, but do not comply with the requirements for marketing under that section and are not the subject of an application approved under section 505 of the FD&C Act, 21 U.S.C. 355.
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 201.128
- 21 CFR 310.545(a)(27)(iii)
- 21 CFR 310.545(a)(27)(vi)
- 21 CFR 310.545
- 21 CFR 330.1