/>i- Yesterday FDA announced the release of a report with 2022-2024 test data on the declaration of net quantity of contents in imported frozen seafood. 10 of the 28 tested samples (36%) improperly inflated the net quantity of contents to include the weight of added water, glaze, or ice.
- This practice is known as “short weighting” and is characterized by FDA as a forbidden form of economically motivated adulteration. The adulteration provisions in section 402 of the Food, Drug, and Cosmetic Act typically define violations that could impact the composition of food, while the misbranding provisions in section 403 typically define violations related to deception and mislabeling. It can be debated whether these instances of short weighting qualify as adulteration or misbranding. As applicable here, section 402(b) defines adulteration to include the addition of any substance to increase its bulk or weight. In this case, however, FDA acknowledges that the added water glaze helps protect seafood from freezer burn during storage. So, its use seems to be legitimate if the weight of the water/glaze is not included in the net quantity declaration.
- Violative samples were refused entry and the associated firms and their violative products were placed on Import Alert 99-47, Detention Without Physical Examination of Human Food Products That Appear to be Adulterated for Economic Gain.
FDA Releases Report Documenting “Short Weighting” in Some Imported Seafood
Thursday, September 4, 2025
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