There are many reasons for U.S. Customs and Border Protection (CBP), and or U.S. Food and Drug Administration (U.S. FDA) detention.
Misbranded is the legal term for non compliance with FDA regulations. A misbranded product could be detained by the FDA and U.S. Customs at any U.S. port or airport.
Your product may be detained because it appears to be:
▪ adulterated – the product is contaminated, is not safe, or does not otherwise meet applicable standards
▪ misbranded – the labels contain false or misleading information
▪ an unapproved new drug
▪ manufactured, processed, or packed under insanitary conditions
▪ forbidden or restricted for sale in the country in which it was produced or from which it was exported.
Certain medical devices may need to comply with Premarket Submission requirements (Premarket Notification or Premarket Approval).
The FDA conducts field examinations and analyzes samples of medical devices to ensure they comply with applicable standards and/or label requirements.
Also, the import alert database is checked to ensure the manufacturer or product is not subject to detention without physical exam (DWPE) and listed on an import alert.
For example, import alert 89-04 lists foreign manufacturers not in compliance with Medical Device Good Manufacturing Processes.
The agency uses the internal data systems to verify registration, listing, device approval (when required), or other product requirements and the declared manufacturer, importer/consignee, to determine if the firm is subject to detention without physical exam (DWPE).
If the information submitted matches, then compliance is verified. Otherwise, the FDA may gather additional information or may detain the product.
The submission of correct and accurate entry data along with the relevant A of C (Affirmations of Compliance) codes will help expedite the entry review process.
When products in your shipment violate or appear to violate FDA laws and regulations, FDA may detain your product and issue a Notice of FDA Action with the designation of “Detained.” This notice is considered the Notice of Detention and Hearing.
If you are unable to overcome the appearance of a violation, your product will be refused admission and you can work with U.S. Customs and Border Protection (CBP) and FDA to destroy the product or export it from the U.S within 90 days of the refusal.
What, then? Contact ITB HOLDINGS LLC, as soon as possible, because any delay will be costly.
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