FDA Import Alerts

Trade Update • May 1, 2024

mport alerts inform the FDA’s field staff and the public that the agency has enough evidence to allow for Detention Without Physical Examination (DWPE) of products that appear to be in violation of the FDA’s laws and regulations. These violations could be related to the product, manufacturer, shipper and/or other information. Before importing into the United States, importers should know if their products are subject to DWPE. DWPE allows the agency to detain a product without physically examining it at the time of entry.

Import Alerts

• Basmati rice from Pakistan
• Bath soaps from India
• Bread, bread sticks, cookies, and pretzels from Russia
• Ceramic cookware and tableware from Mexico
• Cilantro from Mexico
• Fish from Guyana and Vietnam
• Flavored milk from Mexico
• Gram flour from India
• Hair conditioners from Japan
• Laser light projectors from China
• Mole paste from Mexico
• Plantain seasoning from Ghana
• Pompano from China
• Shrimp from Bangladesh
• Turkish delight from Turkey
• Vitamins and minerals from Korea

You can search for your products here – [Import Alerts Search].

What do I do if my product is detained without physical examination (DWPE)?

If your product is detained without physical examination, you have the right to provide evidence to the FDA in an attempt to overcome the appearance of the violation. If you do not provide evidence to the FDA, or if the information you provide is not sufficient to overcome the appearance of the violation, your product is subject to refusal into the United States. Visit the Detention and Hearing page for more information on this process.

Types of List

Red List
Firms, products, and/or countries are subject to Detention without Physical Examination (DWPE) under an import alert. Example: A food that previously was shown to contain deadly bacteria that can cause a food-borne illness.

Green List
Firms, products, and/or countries that have met criteria for exemption from Detention without Physical Examination (DWPE) under an import alert. Example: Import Alert 12-03 indicates that all soft cheeses from France are subject to DWPE. However, some soft cheeses from firms have received an exemption based on the guidance in the import alert. These firms/products that are allowed to be imported are on the green list of this import alert.

Yellow List
Firms, products, and/or countries subject to intensified surveillance; or firms that may have satisfied Good Manufacturing Practices (GMP) issues but where the nature of violations may warrant further field examinations of individual entries and/or additional analyses. Example: Import Alert 21-11 indicates that all ackee products, except those from firms listed on the green list, are subject to DWPE. This alert includes both a green list and a yellow list. As the FDA identifies foreign facilities that have food safety controls in place to control for the toxin, hypoglycin A, in their ackee products, the firm and product(s) will be identified on the Yellow List. All entries of ackee products imported by the firms or manufactured/shipped by the firms on the Yellow List will continue to be subject to DWPE and require a private laboratory analysis until the FDA has confidence the firm’s products are in compliance.

Questions or concerns about if your products are affected please contact us.