The U.S. Food & Drug Administration (FDA) has issued an Import Alert updating its guidelines for imported food products that appear to be misbranded. The FDA can detain food imports if the packaging appears to be misbranded in violation of the Federal Food, Drug, and Cosmetic Act (FD&C Act).
The charge can be applied to the following scenarios:
- False or misleading labeling
- Label does not display the name and place of business of the manufacturer, packer, or distributor
- The weight, measure, or quantity of the product is inaccurately displayed on the label
- The label is not prominently displayed in a manner that is easily readable and understandable.
- The label contains information in two or more languages but not all information is repeated in all languages.
- The label doesn’t include the common or usual name of the food.
- The label doesn’t accurately display or describe all the ingredients in the product and their percentages
- If the food contains chemical preservatives or artificial flavorings, the label does not state that fact and their functions
- The label is missing required nutrition information
- The label makes false nutrition and/or health claims
- Dietary supplements are not accurately identified
To secure release of a shipment detained pursuant to this Import Alert, the importer should provide all relevant information supporting the request for release to the appropriate FDA Division compliance office.
You can read the full alert, Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded, here.
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