According to the DSHEA:

Question

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The DSHEA (Dietary Supplement Health and Education Act) states that the FDA must show that a supplement is unsafe before it can stop the sale of an herbal supplement. This means that herbal supplement manufacturers do not have to prove the safety and efficacy of their products before putting them on the market. However, they are not allowed to make claims about the prevention or treatment of specific diseases unless they have evidence to support those claims. According to the DSHEA, the FDA must show that a supplement is unsafe before it can stop the sale of an herbal supplement. This means that manufacturers are not required to provide evidence of safety, and they may make claims about the prevention or treatment of specific diseases, as long as they have some scientific evidence to support these claims. However, the FDA does have the power to take action against supplements that are found to be unsafe or mislabeled.