INSTITUTION PROFILE / NANOTECHNOLOGY
U.S. Food and Drug Administration (FDA)
The U.S. regulator that reviews and oversees products by product class, not nanomaterials as such
The FDA is a U.S. federal agency that regulates drugs, biological products, medical devices, food, cosmetics, tobacco products and more. On nanotechnology it issues guidance on how to think about whether a product involves the application of nanotechnology, and it takes nanomaterial use into account in product-by-product review and post-market oversight. But the FDA has no premarket approval system for nanomaterials as such. By its own account, products involving nanotechnology are regulated "under existing statutory authorities, in accordance with the specific legal standards applicable to each type of product". And FDA guidance is not legally binding. This profile looks at one question only: how far the FDA's influence over nanotechnology actually reaches, in terms of the kind of power it holds and where that power applies.

- The FDA in 30 seconds
- What kind of body it is: the four types of influence
- What it does for nanotechnology
- How far its influence reaches (powers and geography)
- Premarket review by product class, and who else is involved
- Outlook
- Glossary, references and claim-to-source audit
1. The FDA in 30 seconds
The FDA says it regulates products involving nanotechnology "under existing statutory authorities, in accordance with the specific legal standards applicable to each type of product" Sourced. It has not established regulatory definitions of "nanotechnology", "nanomaterial" or related terms (the cosmetics guidance says so) Sourced. Whether a product has a premarket review depends on its class: new drugs, biologics, food additives, color additives and certain devices do; cosmetics (except color additives) and food (except additives) have no mandatory premarket review Sourced. A premarket approval system aimed at being a nanomaterial as such does not appear in the FDA's official explanations (within what was checked; this article's reading). And guidance states the agency's "current thinking" without creating legally enforceable responsibilities Sourced.
2. What kind of body it is: the four types of influence
The institutions that appear in nanotechnology coverage do not make nanomaterials themselves, unlike companies. They can be grouped into four types by the route through which they influence the field.
3. What it does for nanotechnology
The FDA's nanotechnology page describes its activities as building regulatory-science knowledge, facilitating collaboration with stakeholders and establishing "a flexible, product-focused, science-based approach" to regulation. In July 2007 the FDA issued the report of its Nanotechnology Task Force, and it has issued the following guidance documents as part of implementing the report's recommendations Sourced.
| Guidance document (FDA's title) | Issued / status | What the FDA's page says |
|---|---|---|
| Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology | June 2014, final. Issued by the Office of the Commissioner (Office of Policy, Legislation, and International Affairs) | Sets out two points to consider in deciding whether a product involves the application of nanotechnology. It does not establish regulatory definitions |
| Safety of Nanomaterials in Cosmetic Products | June 2014, final. Issued by the Office of the Commissioner (Office of the Chief Scientist) | A framework for assessing the safety of nanomaterials in cosmetic products. It does not apply to other FDA-regulated products such as drugs and medical devices |
| Assessing the Effects of Significant Manufacturing Process Changes, Including Emerging Technologies, on the Safety and Regulatory Status of Food Ingredients and Food Contact Substances, Including Food Ingredients that are Color Additives | June 2014, final | Listed on the FDA's nanotechnology guidance page; guidance on assessing the effects of manufacturing-process changes on food ingredients and food contact substances |
| Drug Products, Including Biological Products, that Contain Nanomaterials | April 2022, final (the draft was announced in the Federal Register in December 2017). Issued by the Center for Drug Evaluation and Research (CDER) | Guidance on developing human drug products, including biological products, in which a nanomaterial is present in the finished dosage form |
| Liposome Drug Products (chemistry, manufacturing and controls; human pharmacokinetics and bioavailability; labeling documentation) | Final. The issue date could not be confirmed from the official pages | Guidance on liposome drug products (as listed by the FDA) |
| Use of Nanomaterials in Food for Animals | Final (Guidance #220). The issue date could not be confirmed from the official pages | Guidance on the use of nanomaterials in animal food (as listed by the FDA) |
* The list is the FDA's "Nanotechnology Guidance Documents" page. Its "Draft Guidance" entry reads "None". The page's own "content current as of" date is March 2018, although it also lists the 2022 guidance.
Two points to consider in deciding whether a product involves nanotechnology
According to the 2014 guidance, the FDA asks two questions when considering whether a product involves the application of nanotechnology Sourced.
- Is the material or end product engineered to have at least one external dimension, or an internal or surface structure, in the nanoscale range (approximately 1 nm to 100 nm)?
- Is the material or end product engineered to exhibit properties or phenomena attributable to its dimensions, where those dimensions may fall outside the nanoscale range, up to one micrometre (1,000 nm)?
Because the second point extends to 1,000 nm, its range differs from the definition in the EU Recommendation, which draws its line at 1 to 100 nm. The FDA, however, treats the points not as a definition but as "a way to decide whether closer attention is needed". An affirmative finding "might suggest the need for particular attention" to the product's safety, effectiveness, public health impact or regulatory status; how the product is finally treated is settled case by case within existing review processes Sourced. A materials supplier talking to a U.S. customer should therefore ask first which legal standard the customer's product class falls under (drug, cosmetic, food and so on), rather than whether the material meets a "nanomaterial" definition.
4. How far its influence reaches (powers and geography)
| Dimension | What the FDA has | What the FDA does not have |
|---|---|---|
| Power | Existing statutory authorities for each class of regulated product (premarket review, post-market oversight, facility registration and so on). It sets out its thinking through guidance | A premarket approval system aimed at nanomaterials as such (none is described in what was checked). A regulatory definition of nanomaterial (the FDA has not established one). Legal force for its guidance |
| Geography | The U.S. market. About 276,000 registered facilities, 164,403 of them outside the U.S.; imports account for a large share of some products (about 49% of medical devices used in the U.S., for example) | Direct effect on the laws of countries outside the U.S. It does, however, exchange views in international forums (ISO, OECD, ASTM International) |
| Scope | Drugs, biological products, medical devices, food, cosmetics, dietary supplements, tobacco products and others. Standards differ by product class | Regulation of products that fall outside the products listed in the FDA's mission |
| Scale | 20,593 full-time equivalents; a budget of about US$7 billion (fiscal year 2025) | Staffing and budget for nanotechnology alone could not be confirmed on the official pages |
5. Premarket review by product class, and who else is involved
On the FDA's account, whether there is a premarket review depends on the product class, and where one exists, attention to nanomaterials is built into its standing procedures. For products without one, oversight rests on public information, voluntarily submitted information, adverse event reports and post-market surveillance, and the FDA encourages manufacturers to consult it before marketing a product that uses nanotechnology Sourced.
"No premarket review" does not mean that a product is exempt from safety standards. The FDA explains that, whether or not a product is subject to premarket review or authorisation, manufacturers must ensure that it satisfies the applicable safety standards and other requirements Sourced. Nor can anyone generalise that a product is "safe because it is nano" or "hazardous because it is nano": the FDA says it does not categorically judge products involving nanotechnology as intrinsically benign or harmful Sourced.
Organisations around it
| Organisation | Relationship that can be confirmed |
|---|---|
| NNI (National Nanotechnology Initiative) | The FDA is a member agency of the NNI, a federal programme that coordinates multi-agency nanotechnology R&D. FDA centers carry out research that supports their own regulatory priorities, and NNI participation gives the FDA and other regulatory and research-funding agencies a chance to define their research needs (the FDA's page) |
| ISO, OECD, ASTM International | The FDA's page lists them as international forums in which it takes part. The page does not show which committees or documents are involved. For the roles of ISO and the OECD, see their profiles in this series |
| Foreign regulators | The FDA shares perspectives and information with foreign regulatory counterparts on regulating nanotechnology products (the FDA's page) |
* No company is named, because none could be confirmed from primary sources as having a relationship with the FDA.
6. Outlook
| What can be read | Primary source behind it | Type |
|---|---|---|
| The content and timing of any new nanotechnology guidance | The FDA's guidance list shows "None" under draft guidance. The FDA says guidance documents "will emerge over time", but no specific plan could be confirmed | Not yet confirmed |
| Whether a premarket approval system aimed at nanomaterials as such will be created | No such plan appears in the FDA's official explanations. This could not be confirmed | Not yet confirmed |
| The FDA will probably keep handling nanotechnology within existing product-class frameworks | The FDA says it considers the current safety-assessment framework "sufficiently robust and flexible" for a variety of materials including nanomaterials, and that it is "maintaining" a product-focused policy | Inference |
| For products with no premarket review, such as cosmetics, early consultation and post-market monitoring will probably remain central | For products without mandatory premarket review, the FDA says it relies on public or voluntarily submitted information, adverse event reports and post-market surveillance, and encourages consultation before marketing | Inference |
7. Glossary
- Guidance
- A document stating the FDA's "current thinking". It creates no legally enforceable responsibilities; "should" means a recommendation.
- Premarket review
- A procedure in which the FDA reviews submitted data on safety, effectiveness and the like before a product is marketed. Some product classes have one and some do not.
- Color additive
- The FDA's page says cosmetics and food have no mandatory premarket review, but treats color additives as an exception.
- Full-time equivalent (FTE)
- Working hours converted into a number of full-time staff.
- Nanotechnology Task Force
- An internal FDA task force. It was charged in 2006 with preparing a report, and issued it in July 2007.
- NNI
- The National Nanotechnology Initiative, a federal programme coordinating multi-agency nanotechnology R&D.
8. References
- FDA FDA at a Glance (January 2026: fiscal year 2025 budget of about US$7 billion, 20,593 FTEs, 276,206 registered facilities of which 164,403 are foreign, headquarters address). https://www.fda.gov/media/154548/download
- FDA What We Do (the FDA's mission and the range of products it regulates). https://www.fda.gov/about-fda/what-we-do
- FDA FDA Organization (a federal regulatory agency within the Department of Health and Human Services; its centers). https://www.fda.gov/about-fda/fda-organization
- FDA FDA History (the 1906 Pure Food and Drugs Act; the present name from 1930). https://www.fda.gov/about-fda/fda-history
- FDA Nanotechnology Programs at FDA (activities, NNI membership, participation in ISO, OECD and ASTM International). https://www.fda.gov/science-research/science-and-research-special-topics/nanotechnology-programs-fda
- FDA FDA's Approach to Regulation of Nanotechnology Products (existing statutory authorities; premarket review by product class; post-market oversight). https://www.fda.gov/science-research/nanotechnology-programs-fda/fdas-approach-regulation-nanotechnology-products
- FDA Nanotechnology Fact Sheet (the 2006 Task Force; the view that existing frameworks are adequate). https://www.fda.gov/science-research/nanotechnology-programs-fda/nanotechnology-fact-sheet
- FDA Nanotechnology Guidance Documents (list of guidance documents; guidance is not binding). https://www.fda.gov/science-research/nanotechnology-programs-fda/nanotechnology-guidance-documents
- FDA Considering Whether an FDA-Regulated Product Involves the Application of Nanotechnology (June 2014, final). https://www.fda.gov/regulatory-information/search-fda-guidance-documents/considering-whether-fda-regulated-product-involves-application-nanotechnology
- FDA Guidance for Industry: Safety of Nanomaterials in Cosmetic Products (June 2014, final). https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-safety-nanomaterials-cosmetic-products
- FDA Drug Products, Including Biological Products, that Contain Nanomaterials - Guidance for Industry (April 2022, final). https://www.fda.gov/regulatory-information/search-fda-guidance-documents/drug-products-including-biological-products-contain-nanomaterials-guidance-industry
- FDA Guidance for Industry: Assessing the Effects of Significant Manufacturing Process Changes, Including Emerging Technologies, on the Safety and Regulatory Status of Food Ingredients and Food Contact Substances (June 2014, final). https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-assessing-effects-significant-manufacturing-process-changes-including-emerging
9. Claim-to-source audit
| Claim in the text | Type | Reference |
|---|---|---|
| The FDA is a federal agency within HHS, and the range of products it regulates | Sourced | Reference 2 https://www.fda.gov/about-fda/what-we-do Reference 3 https://www.fda.gov/about-fda/fda-organization |
| The FDA's history (the 1906 law; the present name from 1930) | Sourced | Reference 4 https://www.fda.gov/about-fda/fda-history |
| Fiscal year 2025 budget of about US$7 billion (51% federal, 49% user fees), 20,593 FTEs, 276,206 registered facilities (164,403 foreign), import shares | Sourced | Reference 1 https://www.fda.gov/media/154548/download |
| The FDA regulates nanotechnology products under existing statutory authorities and by product class, and has set no nano-specific definition | Sourced | Reference 6 https://www.fda.gov/science-research/nanotechnology-programs-fda/fdas-approach-regulation-nanotechnology-products Reference 9 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/considering-whether-fda-regulated-product-involves-application-nanotechnology Reference 10 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-safety-nanomaterials-cosmetic-products |
| Which product classes have premarket review and which do not; oversight of the latter; manufacturers' responsibility; encouragement to consult early | Sourced | Reference 6 https://www.fda.gov/science-research/nanotechnology-programs-fda/fdas-approach-regulation-nanotechnology-products |
| The Nanotechnology Task Force (charged in 2006, report in July 2007), the FDA's activities, and participation in the NNI, ISO, OECD and ASTM International | Sourced | Reference 5 https://www.fda.gov/science-research/science-and-research-special-topics/nanotechnology-programs-fda Reference 7 https://www.fda.gov/science-research/nanotechnology-programs-fda/nanotechnology-fact-sheet Reference 10 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-safety-nanomaterials-cosmetic-products |
| Guidance is not legally binding; the guidance list and its "Draft Guidance: None" entry | Sourced | Reference 8 https://www.fda.gov/science-research/nanotechnology-programs-fda/nanotechnology-guidance-documents Reference 9 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/considering-whether-fda-regulated-product-involves-application-nanotechnology |
| The two points to consider (about 1 nm to 100 nm; up to 1,000 nm) and that they do not establish regulatory definitions | Sourced | Reference 9 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/considering-whether-fda-regulated-product-involves-application-nanotechnology Reference 10 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-safety-nanomaterials-cosmetic-products |
| The cosmetics guidance (June 2014) | Sourced | Reference 10 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-safety-nanomaterials-cosmetic-products |
| The drug-product guidance (April 2022) and the draft announced in December 2017 | Sourced | Reference 11 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/drug-products-including-biological-products-contain-nanomaterials-guidance-industry |
| The food-ingredient manufacturing-change guidance (June 2014) | Sourced | Reference 12 https://www.fda.gov/regulatory-information/search-fda-guidance-documents/guidance-industry-assessing-effects-significant-manufacturing-process-changes-including-emerging |
| The four types of institution and the diagram in Fig. 2 | Our calculation | Our own classification and diagram, based on reference 6 |
| That no premarket approval system aimed at nanomaterials as such appears | Inference | Not described in references 5 to 11 (this article's reading); consistent with the statements in references 6, 9 and 10 that the FDA regulates under existing authorities and has set no regulatory definition |
| The issue dates of the Liposome Drug Products and Use of Nanomaterials in Food for Animals guidance | Not yet confirmed | Reference 8 https://www.fda.gov/science-research/nanotechnology-programs-fda/nanotechnology-guidance-documents |
| Whether a nano-specific approval system will be introduced, the content and timing of new guidance, and staffing and budget for nanotechnology alone | Not yet confirmed | Not stated in references 1 to 12. This article does not estimate them |
| The two outlook points marked as inference in section 6 | Inference | This article's reading of the statements in references 7 and 6 |
Last updated 9 October 2026 / Troy Technical
Figures and document status come from the FDA's website as shown on 9 October 2026. Items marked "Inference" are this article's reading of the primary sources. This article does not give regulatory judgements or advice about any individual product.