Registering a trademark is a crucial step in protecting your business. A trademark sets your products apart from the competition by establishing a brand that consumers can easily recognize. Trademarks can be names, symbols, words, or even slogans that distinguish a product. They are unique to your brand and protect your products from other businesses benefitting from your customers’ goodwill.

Before importing and distributing food, beverage, or dietary supplement to the United States, it’s crucial to have a trademark plan ready to implement. Foreign registered trademarks are not recognized under U.S. law and therefore not enforceable. This can cause problems for importers who want to establish their brand in the American market because they are unable to prevent competitors from using their foreign trademark. But do not worry, not all is lost. You can file an application to register your trademark with the U.S. Patent and Trademark Office.

Unfamiliar with the trademark process? Here ...

Are you aware of the requirements to import food and beverage products into the U.S.? The process can be quite complicated, especially for newcomers in the food business. From food safety requirements to labeling guidelines, the U.S. FDA closely monitors imported products to ensure full compliance with Federal regulations. If a product does not comply, the consequences can significantly impact your business including refusal of entry at the port or seizure of the products. Before you import into the United States it is important to review these 10 key things to protect your brand and business.

1. Importers are required to designate an FSVP Agent

An FSVP Agent acts as a liaison between your business and the FDA for the purpose of complying with the Foreign Supplier Verification Program. The FDA requires that an FSVP Agent is a “qualified individual”. The agent handles the scheduling of inspections, verifying a foreign supplier’s compliance with food safety requirements, and a variety ...

As Americans have become increasingly health conscious over the years, the use of supplements and health products have skyrocketed. This trend towards wanting to live healthier lifestyles is a wonderful shift to see, but there is a drawback. With increased demand for supplements and more options entering the market, the FDA has turned their attention to the claims these products make. Dietary supplements that promise to treat, cure, prevent, mitigate, or diagnose a disease may be flagged and potentially held at import. It’s imperative to review your product’s label carefully with the aid of an expert to avoid the consequences of false or misleading claims.

How does the FDA regulate dietary supplement claims?

According to the Dietary Supplement Health and Education Act of 1994, dietary supplements must adhere to certain guidelines and stay within the approved parameters with the claims they make. The Dietary Supplement Health and Education Act also requires specific “Supplement Facts”...

All US and foreign facilities that manufacture, process, pack, or store food, beverage, or dietary supplements consumed in the US must register with the Food and Drug Administration (FDA). The same rules apply for Amazon, requiring that all food, beverages, and dietary supplements sold on their site must comply with FDA regulations for labeling, ingredients, and claims. 

Don’t let your brand get shut out from one of the largest markets in the US! Let the experts at US Imports use their knowledge and resources to help you get set to sell!

Our Services for Amazon Sellers:

Navigating the rules and regulations of the United States FDA can be a daunting task. At US Imports, we are experts who have the tools and education to make your experience easy and stress-free. Read below to find out how we can help you.

FDA Registration Help:  

Everyone who sells food, beverages, or dietary supplements on Amazon must register with the FDA. Registering with the FDA is made easy at US Imports. Once...

Food products imported into the United States must have an ingredients statement declaring all ingredients contained in the product. But it’s not as simple as a mere declaration. FDA regulations require that ingredients be listed in a certain order, named in the correct manner, and placed on a specific location on the packaging. Therefore, it is not a given that you can simply use the product’s existing ingredient list. You must review the ingredient statement for FDA compliance.

Complying with U.S. labeling requirements is not just a matter of common sense, nor is compliance something that can be done after your import deal is inked. As you will see below, FDA regulations require a meticulous examination of every ingredient to determine the proper placement, nomenclature and other ingredient statement requirements.  

Failing to comply can be very costly. Ingredient errors and omissions are one of the top reasons for food being denied entry into the United States. Inaccurate ingredie...

As Americans have become more health conscious, dietary supplement sales have surged the past few years. By the same token, Amazon has become a popular platform for dietary supplements because of the convenience for both the seller and consumer. Businesses who desire to sell dietary supplements on Amazon should be familiar with the U.S. Food and Drug Administration (FDA) laws and regulations. Failure to comply with the FDA regulations will result in the removal of the dietary supplements from Amazon’s storefront.

The FDA does not preapprove products for compliance, it is the business’ responsibility to ensure that the FDA requirements are met. Dietary supplements exported to the United States face extra requirements importers must follow. Listed below are some of the FDA requirements for dietary supplement imports.

Facility Registration with FDA

All dietary supplement manufacturer’s facilities must be registered with the FDA if the product or ingredients are being exported to the U...

Dietary supplement importers must engage an agent physically located in the United States to verify their foreign suppliers compliance with U.S food safety laws. In fact, in 2019 the FDA cited the lack of developing a foreign supplier verification program (FSVP) as one of the most cited violations for FDA registered facilities. The deadline for FSVP compliance has now passed, so all importers must have a FSVP plan in place before shipping. FDA requires importers to present their FSVP's upon request.

The FSVP rule requires importers to perform “risk-based activities” to verify that the food they bring into the United States has been produced in a manner that meets U.S. food safety standards.

One of the key elements of the FSVP rule for foreign dietary supplement importers or exporters with no employees located in the U.S. is the requirement to designate an "agent" to carry out FSVP responsibilities on behalf of the importer. The agreement with the agent must be in writing and the agen...

Dietary supplements offered for import into the United States and marketing to U.S. consumers are governed by a complex body of federal laws and regulations enforced by the FDA. These laws and regulations establish requirements for manufacturing practices, product and ingredient safety, labeling, marketing claims and importation procedures, among other matters.

If you plan to import supplements into the U.S. and don’t know where to start, below is a checklist of items to consider.

Ingredients

• Check the ingredient list for non-permitted ingredients and/or colors, or colors that require certification
• Check ingredient name for the proper declaration

Labeling

All labels should include, at a minimum the following items:

• Statement of Identity
• Net Quantity
• Supplement Facts
• Ingredient List
• Manufacturer, Packer, Distributor name and address
• Country of Origin

Ingredient Permits

Do any of the ingredients of animal-origin requiring a permit (APHIS/USDA)?

Claims

Claims are a...

Any facility that produces food or dietary supplements intended for sale in the United States is required to renew their FDA registration between October 1 and December 31, 2020. This requirement applies to both U.S.-based facilities and foreign food facilities.

Foreign facilities located outside of the United States are also required to appoint an Agent physically located in the U.S. to act as a liaison with the FDA. The FDA will not approve the facility registration until the U.S. Agent accepts the designation to communicate with the FDA on behalf of the facility.

What happens if registration is not renewed?

FDA may cancel registrations for facilities that fail to renew prior to the December 31 deadline. Any facility that markets food or dietary supplements in the U.S. without a valid registration may be subject to civil action and/or criminal penalties and fines.

Once an FDA registration expires, there is no way to reinstate the facility. In this case, the facility will lose it'...