i- On March 19, 2024, FDA issued Import Alert 99-49 (“Detention without Physical Examination of Foods Due to Chemical Contamination”), which recommends that FDA field personnel detain without physical examination products offered for import that have previously been found to be contaminated with harmful levels of chemicals, including PFAS.
- FDA is authorized to refuse admission to food products if the articles appear to violate the Federal Food, Drug, and Cosmetic Act (the “Act”); physical examination is not necessary (21 USC § 381).
- Companies which have been found to offer violative products for import will have their products added to the import alert’s “Red List,” subjecting future imports of those products to detention without physical examination. Once a product is subject to an import alert, the burden is on the importer to demonstrate to FDA that the product does not violate the Act.
- It is not clear to what extent FDA will be testing imported food products for chemical contamination, including whether it will focus on particular product types.
FDA Issues Import Alert for Food Products Containing Chemical Contaminants including PFAS
Wednesday, March 20, 2024
