Import Alert 54-18

(Note: This import alert represents the Agency's current guidance to FDA field personnel regarding the manufacturer(s) and/or products(s) at issue. It does not create or confer any rights for or on any person, and does not operate to bind FDA or the public).

Import Alert # 54-18
Published Date: 03/12/2021
Type: DWPE

Import Alert Name:

DETENTION WITHOUT PHYSICAL EXAMINATION OF DIETARY SUPPLEMENTS AND BULK DIETARY INGREDIENTS THAT ARE OR CONTAIN NEW DIETARY INGREDIENTS

Reason for Alert:

This import alert has been developed for bulk dietary ingredients and dietary supplements that have been imported or offered for import into the United States that are or contain ingredients that FDA has determined to be adulterated under section 402(f)(1)(B) of the Federal Food, Drug, and Cosmetic Act (FD&C Act) [21 U.S.C. 342(f)(1)(B)].

A "new dietary ingredient" (NDI) is defined as a dietary ingredient that was not marketed in the United States before October 15, 1994, (Section 413(d) of the FD&C Act [21 U.S.C. 350b(d)]). Under section 402(f)(1)(B) of the FD&C Act [21 U.S.C. 342(f)(1)(B)], a food shall be deemed to be adulterated if it is a dietary supplement or contains a dietary ingredient that is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury.

Based on FDA's review of the available information, the products listed in the RED LIST of this Import Alert are or contain one or more new dietary ingredients for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury. Therefore, the new dietary ingredients and dietary supplements labeled to contain the new dietary ingredients are adulterated under section 402(f)(1)(B) of the Act [21 U.S.C. 342(f)(1)(B)].

Guidance:

The RED LIST for this alert identifies firms and products subject to detention without physical examination (DWPE) under this Import Alert as well as the new dietary ingredient found in such products that adulterates the product under section 402(f)(1)(B). Divisions may detain without physical examination (DWPE) product(s) from the listed firms(s) that appear on the RED LIST of this Import Alert.

For an entry that is determined to contain a NDI, alone or as an ingredient, that appears on the RED LIST of this Import Alert but has been manufactured or offered for import by a firm other than that which is listed on the RED LIST of this Import Alert, divisions may forward a recommendation for detention to CFSAN/OC/DE/DSLAB. Based on the Center's evaluation, a CMS case for addition to the RED LIST of this alert may be forwarded to DIO by the Division's Compliance Branch.

Release of Articles Subject to Detention Without Physical Examination Under This Import Alert:

In order to secure release of an individual shipment detained pursuant to this Import Alert, all relevant information supporting the request for release should be submitted to the appropriate FDA Division compliance office.

Removal from Detention Without Physical Examination (REMOVE FROM RED LIST):

To remove a firm's product from the RED LIST, information should be provided to the Agency to demonstrate that the firm has resolved the conditions that gave rise to the appearance of the violation. The purpose of this is so the agency will have confidence that future entries will be in compliance with the FD&C Act. For information on removal from detention without physical examination, refer to FDA's Regulatory Procedures Manual, Chapter 9-8, "Detention without Physical Examination (DWPE)."

If a firm and/or a representative thereof would like to petition for removal from detention without physical examination under this Import Alert, all relevant information supporting the request should be forwarded to the following address:

Food and Drug Administration
Division of Import Operations
12420 Parklawn Drive, ELEM-3109
Rockville, MD 20857

Or be sent via email to: Importalerts2@fda.hhs.gov

Questions or issues involving import operations should be addressed to ORA/DIO at 301-796-0356 or FDAImportsInquiry@fda.hhs.gov

Questions or issues involving OASIS or PREDICT screening should be addressed to ORA/DSS/Import Systems Branch at oraoismdssimpcomplsysbr@fda.hhs.gov

Questions on policy, sample collection recommendations, or any other additional questions, should be addressed to CFSAN/Division of Enforcement's Dietary Supplements and Labeling Assessment Branch at CFSANEnforcement@fda.hhs.gov

Product Description:

New Dietary Ingredients

Charge:

The article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be a food that is a dietary supplement or that contains a dietary ingredient that is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury. [Adulteration, Section 402(f)(1)(B)]

OASIS charge code: NDIDIETSP

List of firms and their products subject to Detention without Physical Examination (DWPE) under this Import Alert (a.k.a. Red List)


CHINA


JINGJIANG JIANGYANG FINE CHEMICALS CO.,LTD
Date Published : 02/22/2021
Rich Village , West Town , Jingjiang, Jiangsu CHINA
54 F - - 99 Herbals & Botanicals (not Teas), N.E.C.
Date Published: 02/22/2021

Desc: HIGENAMINE

54 Y - - 99 Vitamin, Mineral, Proteins and Unconventional Dietary Specialities For Humans and Animals, N.E.C.
Date Published: 02/22/2021

Desc: HIGENAMINE

Suzhou Win Health International Co.,Ltd.
Date Published : 02/22/2021
Jinyang Neighborhood , Wulie Town (Formerly Lian Yi Town, The South Side Of S333 Road) , Dongtai City, CN-32 CHINA
54 F - - 99 Herbals & Botanicals (not Teas), N.E.C.
Date Published: 02/22/2021

Desc: HIGENAMINE

54 Y - - 99 Vitamin, Mineral, Proteins and Unconventional Dietary Specialities For Humans and Animals, N.E.C.
Date Published: 02/22/2021

Desc: HIGENAMINE