The short answer

Probiotics are sold in the U.S. in two very different ways:

CFU labeling on supplements

Supplement Facts rules require the amount of each dietary ingredient by weight. FDA’s September 2018 draft guidance (docket FDA-2011-D-0376) says it intends to use enforcement discretion to let firms also declare colony forming units (CFU), if:

ConditionWhat it means on the label
Weight firstThe quantity is still declared by weight first
Clearly separateCFU shown separately — for example in parentheses or a sub-line: “100 mg (10 billion CFU)”
UnderstandablePlain terms such as “10 billion”, with the unit clear
Live onlyThe CFU count measures live microorganisms only, not dead or inactive ones
AccurateNot misleading; in a proprietary blend, cultures listed in descending order by weight
💡 FDA explains CFU labeling as a way to build confidence in the number of live organisms through shelf life. In practice, set your label claim so it is still met at the end of shelf life, and keep stability data.

Claims

Checklist

  1. 1Decide food or supplementThis decides GRAS vs NDI, Nutrition Facts vs Supplement Facts and which GMP applies.
  2. 2Name each strainGenus, species and strain on the label and in your specifications.
  3. 3Check the regulatory status of each strainGRAS notices for foods; history of use or NDI for supplements.
  4. 4Test and support the countStability studies supporting the CFU claim through shelf life.
  5. 5Register and shipFDA food facility registration with a U.S. Agent, Prior Notice and an importer with an FSVP.

Example: probiotic capsules from Denmark and kefir from Poland

A Danish company exports capsules with two Lactobacillus strains. Its Supplement Facts reads “Probiotic blend 150 mg (20 billion CFU*)”, with the asterisk explaining the count at expiry, and the label makes only “supports digestive health” with the FDA disclaimer. A Polish dairy exports kefir: the cultures are part of a traditional fermented food, the label follows normal Nutrition Facts rules and declares milk, and it makes no disease claims.

Launching a probiotic in the US?

Standard label review (Supplement Facts or Nutrition Facts, structure/function claims) $550. FDA facility registration with U.S. Agent from $300. FSVP program from $400 per supplier.

FDA label review →

🏢 No U.S. company to act as FSVP importer? Orionex offers an FSVP importer service for food and dietary supplements — from $80 per shipment, with the program and Qualified Individual included.

Frequently asked questions

Can I list CFU on a US supplement label?

Yes, under FDA’s enforcement discretion, as long as the weight is declared first and the CFU count is separate, clear, accurate and measures only live organisms.

Do probiotic strains need FDA approval?

There is no approval, but foods need each strain to be GRAS for its use, and supplements may need an NDI notification for strains not marketed before October 15, 1994.

Can a probiotic claim to treat IBS?

No. That is a disease claim and makes the product a drug.

Is the CFU guidance final?

It was issued as a draft in September 2018. FDA said it intends to exercise enforcement discretion as described.

Sources

Rules checked on November 12, 2026. This article is general information, not legal advice.