As discussed above, in the May 2, 2016, Federal Register, FDA announced the availability of Compliance Policy Guide ("CPG") Sec. 690.150 titled "Labeling and Marketing of Dog and Cat Food Diets Intended to Diagnose, Cure, Mitigate, Treat, or Prevent Diseases." The document provides guidance to FDA staff on issues related to dog and cat diets that are labeled and/or marketed as intended for use to diagnose, cure, mitigate, treat, or prevent diseases and are also labeled and/or marketed to provide all or most nutrients in support of meeting the animal's total daily nutrient requirements. The guide, which finalizes a draft Compliance Policy Guide dated September 10, 2012, lists the factors FDA intends to consider in determining whether to exercise enforcement discretion if the diets are sold or marketed inappropriately.

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