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LEGAL ALERT

Amazon updates guidance to permit Damiana, Kanna, Marshmallow leaf supplements

Amazon has updated its seller central page on drugs and drug paraphernalia, indicating the permissibility of three botanical dietary supplements on the platform. Damiana, kanna, and marshmallow leaf had long been listed in seller policies as "known prohibited products." While these botanicals remain on the list, their entries are now modified to reflect prohibition exceptions for these substances in dietary supplement form. 

 

The entries for damiana and marshmallow leaf have been annotated to reflect that they are permitted on Amazon as consumable products such as mixed herbal teas, tinctures, essential oils, and dietary supplements; the same note states that these botanicals are prohibited in "single-ingredient loose, powdered, and leaf forms." Kanna products labeled as dietary supplements are permitted, so long as they comply with applicable FDA regulations and Amazon's dietary supplement policy.

 

"We're thrilled to see our long-term engagement with Amazon take root regarding these products," said Robert Marriott, AHPA Director of Regulatory Affairs. "While some questions remain, companies selling dietary supplements made from these well-regarded herbs now have a clear place on the platform."

Drugs and drug paraphernalia

This page covers drugs, controlled substances, and drug paraphernalia. A drug is a substance that is used to diagnose, cure, treat, or prevent diseases in people or animals. Drugs can also be used to change the structure or function of the body, such as to treat some kinds of acne.


Some drugs require a prescription for sale, such as most antibiotics. Other drugs may be sold without a prescription because they are approved by the US Food and Drug Administration (FDA) to be sold over the counter.


“Controlled substances” are drugs that are illegal, such as cocaine or heroin. Products that are used with controlled substances may be considered drug paraphernalia. “Drug paraphernalia” includes products that are primarily intended or designed for use in making, preparing, or using a controlled substance.



Use the checklist below to be sure that your product can be sold on Amazon.

The American Herbal Products Association (AHPA) distributes dietary supplement regulation and enforcement news as Legal Alerts. The information presented in Legal Alerts represents the views and opinions of the original authors of the content and does not necessarily represent the views or opinions of AHPA. Distribution of dietary supplement regulation and enforcement news as a Legal Alert does not constitute AHPA endorsement of the content or legal advice. Please direct any questions about Legal Alerts to communications@ahpa.org.

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