FDA Detention occurs when products are refused entry, either by the U.S. Food & Drug Administration (FDA) or the U.S. Customs and Border Patrol (CBP), acting on the FDA’s behalf.
ITB HOLDINGS LLC assists domestic and foreign companies that are manufacturers, exporters, importers, warehouses or distributors, when the FDA has reason to believe that their products do not conform to U.S. laws and regulations.
▪ The U.S. Food and Drug Administration may consider the failure to provide adequate Prior Notice, as a factor in determining whether and where to examine an article of food.
▪ Some detentions are the result of the FDA’s Import Alert List of imported products manufactured by or exported by companies with detected patterns of noncompliance.
▪ The agency places the responsibility back on the buyer or ultimate consignee, to ensure that the products being imported into the United States are in compliance.
Products subject to DWPE will be detained by the FDA until it can be shown that they are safe and meet pre-approved standards.
Companies exporting or importing products are strongly encouraged to familiarize themselves with the FDA Import Alert List.
Click here, for most recently published Import Alerts, by date.
Reviewing this list allows you to make an informed decision, and to determine what types of product testing or evaluations to require from the seller prior to shipment. This can prevent the headache associated with a detained shipment, saving you time and money.
A product may be detained because it appears to be:
▪ Adulterated, meaning the product is contaminated, is not safe, or does not otherwise meet applicable standards.
▪ Misbranded, meaning 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.
▪ Manufactured, exported, imported or distributed by an establishment that is not registered with the U.S. Food and Drug Administration.
Moreover, keep in mind that unless exempt, all importers of human and animal food must develop, maintain, and follow a Foreign Supplier Verification Program (FSVP) for each food and foreign supplier.
Finally, failure to file a Prior Notice before your cargo arrives at the first U.S. port or airport, will always result in U.S. Customs and FDA Hold.
When you receive an FDA notice, read it immediately and carefully! Then, contact ITB HOLDINGS LLC by email, by forwarding previously received email messages.
Chat is available 24 hours a day, seven days a week, for faster response to your questions, including in foreign languages. That’s convenient.
If you are unable to overcome the appearance of a violation, your product will be refused admission. You can then 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.
DETENTION
ASSISTANCE
$350.00