The Dietary Supplement Health and Education Act of 1994 (DSHEA) defined dietary supplements, added specific labelling requirements and provided for optional labelling statements. On 23 September 1997 the FDA implemented DSHEA with regulations on the statement of identity, nutrition labelling, ingredient labelling, and nutrient content and health claims for supplements.[9]
The FDA does not approve dietary supplements or their structure/function claims before sale. The firm is responsible for a safe product, a truthful label and substantiation for every claim.[8] If a formula contains a new dietary ingredient (NDI), the manufacturer or distributor must notify the FDA at least 75 days before introducing it into interstate commerce, with the evidence that it will reasonably be expected to be safe.[10] Check the status of every ingredient in the formula, not only the vitamin D, and see our guide to FDA food facility registration for the facility side of a US launch.
The FDA’s final rule “Revision of the Nutrition and Supplement Facts Labels” (81 FR 33742, 27 May 2016) took effect on 26 July 2016. Before it, the regulations required vitamin D to be labelled in International Units (IU). The rule made micrograms (mcg) mandatory, with IU optional, and set the Daily Value for vitamin D at 20 mcg, based on the Recommended Dietary Allowance for the oldest adults.[6] That RDA is 800 IU a day for people aged 71 and older, against 600 IU for ages 1 to 70.[3]
The rule’s original compliance dates were 26 July 2018 for manufacturers with US$10 million or more in annual food sales and 26 July 2019 for smaller ones.[6] A 2018 rule (83 FR 19619) extended them to 1 January 2020 and 1 January 2021.[12][7] Both dates have passed, so every vitamin D supplement on the US market must now follow the updated format.
Table 1. Vitamin D labelling before and after the 2016 rule
| Element | Before the 2016 rule | Current requirement |
|---|---|---|
| Unit of declaration | IU required[6] | mcg required; IU optional, in parentheses after the mcg amount[1] |
| Daily Value (adults and children 4+) | IU-based reference value[6] | 20 mcg[2] |
| Compliance date | Not applicable | 1 January 2020 (US$10 million+ sales) or 1 January 2021 (smaller firms)[12] |
One caution: the FDA’s Dietary Supplement Labeling Guide dates from April 2005 and predates the 2016 rule, so check unit and Daily Value examples against the current eCFR text.[9][1]
Under 21 CFR 101.36, vitamin D is one of the core dietary ingredients that must be declared in the Supplement Facts panel whenever a serving contains more than the amount that can be declared as zero. It is listed in the set order of vitamins and minerals (vitamin A, vitamin C, vitamin D, vitamin E and so on), and its percent Daily Value must be shown.[1]
Declare the amount in mcg. You may add IU, but only in parentheses after the mcg figure.[1] Because the 20 mcg Daily Value corresponds to the 800 IU RDA, 1 mcg equals 40 IU.[2][3] The percent Daily Value is the amount in mcg divided by 20, multiplied by 100: a 50 mcg (2,000 IU) softgel is 250% DV.[2]
The 20 mcg value applies to adults and children aged 4 and older. Products for other groups use other Daily Values: 10 mcg for infants through 12 months, and 15 mcg for children aged 1 to 3 and for pregnant and lactating women.[2]
Table 2. Percent Daily Value for common vitamin D strengths (adults and children 4+)
| Amount per serving | Label declaration | % Daily Value |
|---|---|---|
| 10 mcg | 10 mcg (400 IU) | 50% |
| 20 mcg | 20 mcg (800 IU) | 100% |
| 25 mcg | 25 mcg (1,000 IU) | 125% |
| 50 mcg | 50 mcg (2,000 IU) | 250% |
| 125 mcg | 125 mcg (5,000 IU) | 625% |
21 CFR 101.36(h) carries over three exemptions from the food rules: small retailers under the sales thresholds in 101.9(j)(1), low-volume products for which a notice is filed under 101.9(j)(18), and bulk supplies shipped for further manufacture or repacking. The first two are lost if the label, labelling or advertising gives nutrition information or makes a nutrient content or health claim, so check eligibility before relying on one.[1]
FDA checks compliance on a composite of 12 consumer packages, or 10% of the packages in the lot, whichever is smaller, selected at random.[1] Vitamin D added to a supplement is a Class I (added) nutrient, so the composite must contain at least the amount declared on the label. Class II (naturally occurring) nutrients must reach at least 80% of the declared value.[2]
These tolerances are one-sided. The 120% ceiling in 21 CFR 101.9(g)(5) applies to calories, sugars, fats, cholesterol and sodium, not vitamins. For vitamins, 101.9(g)(6) says reasonable excesses over the labelled amount are acceptable within current good manufacturing practice.[2] The declared amount is therefore a floor that must hold until the end of shelf life, and setting the margin above it is a stability question. Our vitamin D overage guide covers how to set it; the UAE takes a different approach with an 80–120% window, explained in our UAE label claim and overage article.
A structure/function claim describes the role of a nutrient in the normal structure or function of the body, such as the FDA’s example “calcium builds strong bones”. These claims are not pre-approved. The firm must have substantiation that the claim is truthful and not misleading, and must notify the FDA no later than 30 days after first marketing the product with the claim.[8][4]
Every structure/function claim must be accompanied by this disclaimer: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.” A plural version is allowed when there are several claims. The disclaimer must sit next to the claim or be linked to it by a symbol such as an asterisk; it must be boxed when not adjacent, in bold type at least 1/16 inch high.[4]
In a December 2025 letter the FDA said it intends to use enforcement discretion on the requirement for the disclaimer to appear on each panel that bears a claim, and is likely to propose a rule to amend it. The disclaimer must still appear on the label and be linked to each claim.[15] No amending rule had been published in the Federal Register by 10 November 2026, so plan labels to the current text of 21 CFR 101.93.
A statement that a product prevents, treats or mitigates a disease, such as cancer or heart disease, is a disease claim and makes the product subject to regulation as a drug, unless it is an authorised health claim.[4] Claims about a classical nutrient deficiency disease, such as rickets, are allowed only if the label also says how widespread the disease is in the United States.[8] Symbols and pictures can imply a health claim, so heart or organ imagery on a pack needs the same review as the words.[16]
Two other routes matter for vitamin D. The authorised health claim in 21 CFR 101.72 links adequate calcium, and when appropriate calcium and vitamin D, to a reduced risk of osteoporosis; the product must be “high” in calcium, and “high” in vitamin D to name it in the claim.[13] Nutrient content claims are defined in 21 CFR 101.54: “high”, “rich in” or “excellent source of” needs at least 20% of the Daily Value per serving, and “good source” 10 to 19%.[14]
Table 3. Claim types on a US vitamin D supplement
| Claim type | Example | What is required |
|---|---|---|
| Structure/function | “Vitamin D supports normal bone health” | Substantiation, FDA notification within 30 days, disclaimer[4][8] |
| Nutrient content | “High in vitamin D” | At least 20% DV per serving[14] |
| Authorised health claim | Calcium and vitamin D and osteoporosis | Conditions of 21 CFR 101.72 and 101.14[13][16] |
| Disease claim | “Helps prevent cancer” | Not permitted on a supplement; drug regulation applies[4] |
What the largest vitamin D trial does and does not support is set out in our VITAL trial explainer: 2,000 IU a day did not reduce invasive cancer or major cardiovascular events.[11]
21 CFR Part 111 sets current good manufacturing practice for manufacturing, packaging, labelling and holding dietary supplements. Firms must establish specifications, including identity, purity, strength and composition specifications for components and the finished product, and determine whether they are met.[5] Before use, at least one appropriate test or examination must verify the identity of each dietary ingredient.[5] Our article on a tainted supplement recall shows what happens when identity testing fails.
Reserve samples of each lot of packaged and labelled product must be held for one year past the shelf-life date, if shelf-life dating is used, or for two years from distribution of the last batch.[5] For vitamin D, strength over shelf life is the specification most likely to be challenged, so link the label claim, the overage and the stability data in one file. How release is checked in the lab is covered in our vitamin D3 dissolution testing walkthrough.
FDA vitamin D supplement rules come down to five checks: declare vitamin D in mcg with optional IU in parentheses, calculate % DV on the right Daily Value, keep claims within structure/function, nutrient content or authorised health claim routes, meet the declared amount through shelf life, and manufacture to Part 111 specifications.[1][2][4][5] Check the current eCFR text before finalising any label, because the disclaimer placement rule may change.
Food Research Lab helps US supplement brands get vitamin D products right before launch. Our regulatory and scientific research team reviews Supplement Facts panels, % DV calculations, claim wording and substantiation files against current FDA rules, and our nutraceutical product development team links the label claim to the formula, overage and stability plan. We work from Chennai, India, for brands selling in the US.
Vitamin D3 assay, dissolution and stability testing are run or arranged through accredited partner laboratories, and real-time and accelerated studies are explained in our shelf-life testing guide. Send us your draft label and formula through our contact page.
This guide is part of FRL’s series on developing vitamin D supplements for the US market.
No. The FDA does not approve dietary supplements or their structure/function claims before they are sold. The firm must ensure the product is safe, hold substantiation for each claim, notify the FDA within 30 days of marketing a claim, and manufacture under 21 CFR Part 111.[4][5][8] A new dietary ingredient also needs a 75-day premarket notification.[10]
Vitamin D must be declared in micrograms (mcg) whenever a serving contains more than a zero-declarable amount, with its percent Daily Value. International Units are optional and, if used, must appear in parentheses after the mcg amount, for example “50 mcg (2,000 IU)”.[1] For adults and children aged 4 or older, the Daily Value is 20 mcg.[2]
The Daily Value used on labels for adults and children aged 4 and older is 20 mcg, which equals 800 IU. Products for infants use 10 mcg, and those for children aged 1 to 3 or for pregnant and lactating women use 15 mcg.[2] Percent DV is the mcg amount divided by the relevant value, multiplied by 100.
Yes, within limits of good practice. Added vitamin D is a Class I nutrient, so the lot composite must contain at least the declared amount, and FDA rules accept reasonable excesses of vitamins within current good manufacturing practice.[2] There is no 120% cap for vitamins, but overage should be justified by stability data and safety.
You can make truthful structure/function claims, such as describing vitamin D’s role in normal bone health, with substantiation, FDA notification and the disclaimer.[4][8] “High in vitamin D” needs at least 20% DV.[14] The calcium, vitamin D and osteoporosis health claim is allowed if its conditions are met.[13] Claims to prevent or treat disease are not allowed.
It reads: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.” It must be bold, at least 1/16 inch high, and adjacent to the claim or linked to it by a symbol, and boxed when not adjacent.[4]