U.S. Food and Drug Administration (FDA)

See You at the Boston Seafood Show in 2011!

The largest North American seafood event is the annual International Boston Seafood Show which next takes place March 20-22, 2011, in Boston, Massachusetts.  Not only will I be there, I welcome everyone to visit our exhibition booth!  This reflects the growth of our focus on FDA issues within the Customs and International Trade Department of my law firm.

With the U.S. Food and Drug Administration (FDA) holding, detaining, examining, testing, and refusing more imported food than ever before, our attorneys are constantly interacting with FDA Inspectors, Compliance Officers, and Investigators.  We typically represent the U.S. importer who has received a Notice of FDA Action, and is given 10 days to explain to the FDA that the food product  should enter the United States rather than be refused.  We also represent overseas suppliers who unfortunately find themselves listed on an FDA Import Alert, and want to get off that list.

For example, on May 20, 2010, the FDA issued Import Alert #16-18, which is “Detention Without Physical Examination of Fresh  and Frozen Shrimp from Bangladesh, Hong Kong, Indonesia, Taiwan, and Thailand” for filth, decomposition and Salmonella.  Shrimp from those countries will automatically be detained by the FDA until a United States laboratory provides sufficient documentation to the FDA that the product meets U.S. standards.  The secret is getting on what the FDA calls the “Green List” of approved shrimp suppliers from these countries so that the product proceeds through the FDA entry process without delay.

Please comment on form below to let me know your experiences from […]

By |2015-12-01T01:33:45-05:00May 21, 2010|FDA Issues|0 Comments

THE FDA IS FLEXING ITS ENFORCEMENT MUSCLES

At today’s Food and Drug Law Institute’s annual conference in Washington, D.C., FDA Commissioner Margaret Hamburg, M.D. said that one of her priorities is responding to the globalization of the food supply, and the increase in misbranded and adulterated food products imported into the United States.  Dr. Hamburg stated that the FDA “cannot wait until the food arrives at our borders,” that “extending the FDA’s global reach is key to our success,” and that the FDA’s new PREDICT system will focus FDA Inspectors to select, stop, and examine high-risk shipments being imported into the United States.

Ralph Tyler, FDA’s new Chief Counsel, stated that the laws enforced by the FDA affect 25% of the American economy.  The crowd in attendance applauded when Ralph stated that “FDA lawyers are not doing their jobs when they simply say ‘no'” to the food, drug, and cosmetic companies regulated by the FDA.

Michael Chappell, FDA’s Associate Commissioner for the Office of Regulatory Affairs (ORA), is the person responsible for managing the import, inspections and enforcement policy of the FDA.   He stated that companies are now operating in “an age of heightened enforcement by the FDA.”  He stated that “salmonella and listeria remain major problems in food manufacturing facilities.”  He advised that there were 19 million customs entries in 2009, and the number is ever increasing.   He stated that the FDA had in 2010 already issued a record number of Warning Letters to importers, producers, and distributors of FDA regulated products, especially dietary supplements and cosmetics.

In summary, my take away after hearing from the […]

By |2015-12-01T01:32:04-05:00April 22, 2010|FDA Issues, Food, Import|0 Comments

FDA Finally Getting Tough on False Food Claims

The U.S. Food and Drug Administration recently issued several warning letters to prominent food and drink companies regarding false claims displayed on their food and drink products, including those marketed to children.  Some food products brazenly claim to increase a person’s immune system, reduce the chance of getting a cold, or even cure cancer.  Are they really believable?

The Obama Administration has taken a more aggressive posture to attempt to reduce the obesity of Americans, especially children.  There is a direct connection between what we eat and our health.  Remember the saying “You are what you eat”?   Dr. Margaret Hamburg, the new FDA Commissioner, announced in a March 3, 2010 letter to food companies:

I have made improving the scientific accuracy and usefulness of food labeling one of my priorities…It is clear to me as a working mother that the use of front of package nutrition symbols and other claims can be helpful to busy shoppers who are often pressed for time in making their food selections.

In a typical December 4, 2009 Warning Letter to one of the worlds’ largest food companies, Nestle,  the FDA complained about Juicy Juice All Natural 100% Juice Grape products.  The FDA alleged that the product was misbranded because the labels were misleading in that the label was designed to imply that the producct was 100% grape juice when it truly was not.

The FDA regulations regarding food, including drinks, are complex.  True and accurate health claims are allowed on certain food products under specific circumstances, according to the […]

By |2015-12-28T14:16:34-05:00March 9, 2010|Food|0 Comments

Bid Now for Right to Ship Chicken Legs to Nicaragua

Nicaragua
Central America Poultry Export Quota, Inc. (CA-PEQ)
Notice of Open Tender
Bids open: November 20, 2009
Bids due: December 4, 2009
Central American Poultry Export Quota, Inc. (CA-PEQ) invites bids for the right to ship U.S.-origin chicken leg quarters to Nicaragua duty-free under a CAFTA tariff-rate quota granted by the Republic of Nicaragua to the United States. The export item is chicken leg quarters, (SAC Nos. 0207.13.93; 0207.14.93; 1602.32.00.10 which correspond respectively to HTS Nos. 0207.13.99.20; 0207.14.99.20 and 1602.32.00A referred to in the text of CAFTA-DR). The product must be imported into Nicaragua between January 1st and December 31, 2010. Certificates of Quota Allocation are being offered duringthis open tender for 487 metric tons in total.

Any person or entity incorporated or domiciled, and with a legal address, in the United States is eligible to bid. Bids must be received by CA-PEQ not later than 5 p.m. (EST) on December 4th, 2009. The minimum bid quantity is 1 metric ton; the minimum bid price is $22.04/metric ton. Bids must be submitted in dollars and cents per metric ton. Bids should not be submitted in amounts that include fractions of a cent. If a bid is received in an amount that includes fractions of a cent, the administrator will ignore the fractions of a cent and consider only the amount that was […]

I am Not Worried That My Food Is “Safe”, Are You?

The United States Congress is considering legislation to make the food we eat, especially imported food, “safe and secure”.  In my opinion, even if our food needs protecting, the proposed legislation only adds to the current Federal bureaucracy.  The U.S. Food and Drug Administration (FDA) already has a comprehensive regulatory procedure to stop, examine, and refuse imported food which it considers adulterated or misbranded, or otherwise not fit for human (or animal) consumption.  The current FDA system is working very well, and  the only achievement of the proposed legislation will be to increase the price of food.  We need enforcement of the current laws, not a bunch of new laws.

Granted, there are numerous instances of imported food making people sick, and even causing death.  15% of the food we eat is imported. Nevertheless, the overwhelming number of Americans who get sick or die from consuming food had nothing to do with imported food.  You may get sick at your local restaurant with food poisoning because of the poor handling of the food at the restaurant, not because the food came from overseas.

Currently, for any food to enter the United States, the importer must submit an electronic entry to both U.S. Customs and Border Protection and the FDA.  The entry information includes the name of the importer, a description of the imported food, the name of its manufacturer, the country of origin, the value, the buyer of the food, and where the food is to be delivered.  The requirements of the

By |2015-12-28T14:13:54-05:00November 10, 2009|FDA Issues, Food, Import|0 Comments
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