Title
Regulates sale of empty gelatin capsules
Law
Fda Circular No. 2014-010
Decision Date
Apr 24, 2014
The Food and Drug Administration mandates that only licensed drug establishments may procure, sell, or distribute empty gelatin capsules, classifying them as raw materials rather than finished products, with violations subject to administrative penalties.
A

Classification Under Administrative Order No. 56 s.1989

  • Pharmaceutical industry entities are classified into:
    1. Drug establishments: manufacturers, traders, distributors (importers, exporters, wholesalers).
    2. Drug outlets: drugstores, pharmacies (including hospital pharmacies), and retail outlets for non-prescription drugs.
  • Drug establishments can procure raw materials and finished products.
  • Drug outlets are limited to procuring, selling, and distributing only finished drug products.

Regulatory Status and Procurement Restrictions of Empty Gelatin Capsules

  • Empty gelatin capsules are neither drugs nor finished products; they are components and thus classified as raw materials.
  • Only drug establishments are authorized to procure empty gelatin capsules for manufacturing solid dosage capsule forms.
  • Drug outlets are expressly prohibited from procuring, selling, or distributing empty gelatin capsules.

Legal Consequences for Non-Compliance

  • Violations of this FDA Circular may lead to administrative charges.
  • Possible sanctions include fines, suspension, cancellation, or revocation of the License-to-Operate of drug outlets.
  • These enforcement measures aim to ensure compliance with FDA regulations concerning the handling of empty gelatin capsules.

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