Imported Food Products That Appear to Be Misbranded

Why FDA issued it

NOTE: The revision to this Import Alert dated 9/4/2020 updates the guidance section with addition of instructions for releasing entries subject to DWPE, updating charge section, and PAF section. Changes are noted and bracketed by asterisks(***). Section 801(a)(3) of the FD&C Act authorizes FDA to detain an article of food offered for import based on information that causes an article to appear to be misbranded in violation of the FD&C Act. This Import Alert is intended to primarily address imported food products that appear to be misbranded within the meaning of specific provisions of section 403 of the FD&C Act (sections 403(a)(1), 403(e)(1), 403(e)(2), 403(f), 403(g)(1), 403(g)(2), 403(h)(1), 403(h)(2), 403(i)(1), 403(i)(2), 403(k), 403(q), 403(r)(1)(A)/(B), 403(s)(2)(A), 403(s)(2)(B), 403(s)(2)(C), or 403(y)), and which are not covered by other existing Import Alerts (see note). Note:

Quoted from the “Reason for Alert” section of the FDA page for 99-39, mirrored 30 August 2026. The quotation is truncated at the length this copy carries.