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Selling On Amazon – Everything you need to know!

When importing food, beverages, and dietary supplements into the United States after selling through Amazon, everything must comply with the FDA regulations for not only labeling and ingredients but claims as well. Your specialists here at US Imports are here to assist sellers with FDA compliance so they are not shut out of the largest market in the world – Amazon.

How do I sell legally on Amazon?

That is a great question! To start selling on Amazon legally, our Amazon Sellers Essentials Bundle has everything you need! There are several things that need to be completed including FDA Registration, U.S. Agent, FDA Label Review, FDA Claims Review, and FDA Prior Notice. Here is a little breakdown of what each one consists of.

  • FDA Registration and U.S. Agent – Importers are responsible for designating an FSVP Agent upon entry of a food product into the United States. As an FSVP Agent, you must be a qualified individual that is physically located within the U.S. to serve as the importer
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Making False Claims

Have you ever seen a claim made on a food, beverage or supplement label that seemed too good to be true? Unfortunately, this happens all the time. However, the companies producing these products won’t get away with it for long. The FDA has strict rules for claims made on labels. If your label does not adhere to these rules, you may be subject to serious consequences. In this article, we’re going to cover what a claim is, what happens if you make a false claim, and how US Imports can help.

What Are Claims?

A claim could be a variety of things, such as “100% Organic” or “All Natural.” These particular claims are permissible so long as your product qualifies. Some claims are preapproved by the FDA and others are allowed if they are truthful and do not mislead consumers.  An example of a preapproved health claim would be “you can reduce your risk of osteoporosis with physical daily exercise, vitamin D, and calcium.” This claim is backed by scientific data and has been proven by scientist...

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Can I Label My Food or Beverage Product Healthy?

claims healthy labeling Sep 01, 2021

You’ve worked hard caring about and developing your food product. You know what’s in it and you selected the best ingredients because it matters to you what goes into your customers bodies. But just because you think it’s “healthy” doesn’t necessarily mean you can label your product that way without knowing the law.

Whether you can call your product “healthy” depends on a number of factors. The first thing to figure out is what laws apply to your product. If you import food into the United States, you are most likely governed by the Federal Food, Drug, & Cosmetic Act and subject to the FDA’s definition of “healthy.” Most processed and packaged foods (excluding primarily meat and poultry products) will fall into this category. 

The term “healthy” -- or any similar term -- can only be used if your food meets certain nutrient requirements for total fat, saturated fat, cholesterol, sodium and certain other nutrients. Note that if your food does not meet the low fat requirement, the FDA w...

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Importing Organic Products to Untied States? How To Comply With USDA Organic Law

claims labeling usda Aug 31, 2021

Imported food, beverage and dietary supplements offered for sale as “organic” in the United States must be certified by the U.S. Department of Agriculture’s (USDA) National Organic Program (NOP), or under a program with equivalent standards. Labeling products as organic that are not certified can result in refusal of entry into the U.S., fines for each violation and/or criminal enforcement actions. 

Imports can meet these standards in one of three ways:

  1. The product was certified by an agency accredited through the NOP. Accredited agencies are listed in the USDA’s INTEGRITY database, available online.
  2. The product was produced under an equivalency arrangement with a foreign country. The only countries with equivalency agreements with the U.S. are Canada, the European Union, Japan, Korea and Switzerland.   
  3. The product was produced under a recognition agreement, which is an agreement with foreign countries that do not have equivalent organic standards. These agreements allow specifi...
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When Can a Food Product Be Labeled as “Natural”?

claims fda labeling Aug 30, 2021

If you’re creating a label for your food product, you may be inclined to include the word “natural” on it. But think twice before you do, as many food companies have found themselves at the wrong end of a lawsuit for stating "natural" on their label.

“Natural” is not synonymous with “organic.” The Food and Drug Administration (FDA) has yet to define “natural”, but any food product labeled as organic must comply with the requirements of the Organic Foods Production Act of 1990, which is administered by the U.S. Department of Agriculture. In short, this means that organic ingredients must be grown on land free of certain pesticides, and for meat products, animals cannot be given growth hormones. Many consumers do not know there’s a difference between organic and natural, but legislators, food lawyers and the courts do. Using “organic” when not appropriate can get you into trouble.

What does “natural” mean on a food label?

Businesses are routinely face lawsuits for making “natural” cla...

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What to Consider Before Selling Dietary Supplements in the U.S.

Dietary supplements imported into the United States are governed by a complex body of laws and regulations. These laws and regulations govern manufacturing practices, product and ingredient safety, labeling, marketing claims, importing procedures, among other things.

Failure to comply can result in regulatory action by the U.S. Food and Drug Administration (FDA), including product detentions, warning letters, refusals of entry at U.S. ports, and fines. This is why it is imperative to be familiar with these laws and regulations before importing dietary supplements to the U.S.,.

FDA Facility Registration

All dietary supplement products offered for import must be manufactured in a facility register with the FDA. If the facility is located outside of the United States, you will need to appoint a U.S. Agent physically located in the U.S. to handle communications with the FDA. Upon registration, you will receive an FDA facility registration number. This number is important for confirming ...

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10 Things to Know Before Exporting Food and Beverages into the U.S.

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 ...

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The Dangers of False Promises on Dietary Supplements

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”...

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