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Food Importer News from the U.S. FDA

On July 9th, CBP issued an update to the trade community informing them that the FDA review exemption on importation of certain low-value FDA-regulated products has been rescinded.   

All entries of FDA-regulated products must be reviewed for admissibility by the FDA, regardless of their quantity or value.  

Previously, certain FDA-regulated products could be released by CBP without FDA notification, if eligible for exemption. Now, because technological capabilities of both the trade and the FDA have advanced significantly, it is necessary that even low-value entries ($800 or less) undergo FDA review to ensure they comply with FDA requirements.  

This change allows FDA to review all electronically transmitted FDA-regulated products offered for import to facilitate legitimate trade and prevent the importation of violative products. 

Through FDA and CBP’s continued partnership, we have implemented this change to eliminate supply chain vulnerabilities that may pose a public health risk. This is another step that both agencies have taken to eliminate supply chain gaps and improve the quality of imported products that FDA regulates. 

We anticipate that this decision will improve supply chain oversight, improve public health protection, and identify repeat offenders that are deliberately trying to evade FDA evaluation. 

FDA will work with trade to answer questions and ensure clarity.

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Working with Shelly on various new product launches over the last couple of years has been seamless. Quick and clear guidance is always what we get.
R.G. Client
I've been working with Shelly and her team at Garg law for a little while now and they are fantastic! Very responsive, professional and they certainly get things done. Extremely satisfied with their service and highly recommend.
Mike H. Client
Ms Garg helped my company navigate an FDA import issue. She achieved an excellent result, was very responsive and professional, and managed to keep the project within budget. She is a stellar attorney.
Dr. Sastry Client
I have been using Shelly Garg as FDA Counsel for 10+ years, since she was at another international law firm. While we continued to use the previous firm she was at (mainly due to the process required to change firms), we realized the quality of counsel was not the same. We have since been using Garg Law and the ease of use and trust in the knowledge was back instantly. Shelly has the skills to help me understand the regulations (by translating into layman's terms) and risks in a manner that is specific to my business. She is also extremely timely in her responses which is critical when we have a deadline mandated by the FDA. Many other attorneys cite the regulations which l've already read, but need further counsel. In my opinion, this demonstrates Shelly's in-depth knowledge of the regulations, how they pertain to the law, and how they are applicable IRL. Shelly's personable approach and pleasant manner in communication makes it very easy to have been work with her and have productive discussions on the best next steps. She truly has a passion iternational for all things FDA and I've learned so much from her.
Claire P. Client

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