DIAZ Trade Law

Customs & International Trade Law Expert

Dealing with FDA Enforcement Issues

Call 305-456-3830

Did you receive a Notice that looks like this from FDA?

(If so, we can help. See below)



What Does This Notice Mean?

The Food, Drug, and Cosmetic Act (FD&C Act) authorizes the FDA to detain a regulated product that appears to be out of compliance (i.e., “adulterated” or “misbranded”).

The FDA District Office will issue a “Notice of FDA Action” specifying the nature of the violation to the owner or importer. Products that appear (from examination or otherwise) to be violative may be detained and ultimately refused entry into the U.S. The standard for detention and refusal is extremely low – detention is permissible without actual observation of a product or its labeling. The ability to challenge the FDA is limited almost exclusively to legal, as opposed to factual, issues, which is why it is extremely important to ensure an expert is assisting you with your response.

You have the right to provide oral or written testimony to the FDA, regarding the admissibility of the article or the manner in which the article can be brought into compliance.

If you fail to submit evidence that the product is in compliance or fails to submit a plan to bring the product into compliance, FDA will issue another “Notice of FDA Action” Refusing admission of the product.

If you receive a “Notice of FDA Action Refusing Admission of your product, you have 90 Days to export or destroy your merchandise, under CBP or FDA supervision. There are specific guidelines to follow for each port. If you do not follow the guidelines and export merchandise within 90 days of refusal, you will be subject to a Liquidated Damages claim.

How Can Diaz Trade Law Help?

If your company receives a Notice of FDA Action, Diaz Trade Law has the expertise to assist you. We have helped numerous companies respond to the FDA to help ensure the FDA that no adulteration or misbranding is in fact taking place, and your merchandise should be released. In some instances, we will recommend and assisting you in filing Form 766, requesting manipulation of your merchandise so that it is not adulteration or misbranded when you are done with the manipulation. If acceptable, after manipulation, FDA will release your merchandise. Every case is different, and each must be evaluated on its own merit. Let me review your case and advise you if I can assist you.

Want More Information?

Review Press on this topic here: MSNBC, A Second Chance for Faulty Food? FDA Calls it “Reconditioning,” November 28, 2011,


Call 305-456-3830

Note: If you have documents you would like us to review, please email docs@DiazTradeLaw.com

diaz trade law msi global alliance
diaz trade law Chambers Global Lawyer Ranking
diaz trade law Chambers 2021
diaz trade law Chambers 2020
Diaz Trade Law Goldman Sachs
Diaz Trade Law Women In Trade
diaz trade law florida legal elite
diaz trade law super lawyers
As Seen On:
diaz trade law
diaz trade law
diaz trade law
diaz trade law
diaz trade law

Diaz Trade Law (DTL) remains
available during Coronavirus.

Learn about DTL's Operations During the Coronavirus HERE.


Want to discuss a new or existing matter? Contact DTL at info@diaztradelaw.com or 305-456-3830.