Guide

FDA detained your food shipment. What happens now?

A detention means FDA believes the shipment appears to break US food law. The goods stay put until you show otherwise, fix them or send them away. Here is how the process runs and where the deadlines are.

Updated 26 September 2026 · 4 min read

In short

A detention follows FDA's review of the entry, a physical exam or lab sample, or an import alert.
The notice lists the charges and the date by which you must respond.
You can submit evidence, apply to relabel or recondition, or accept refusal.
Refused food must be exported or destroyed within 90 days.

How a shipment ends up detained

Entry. Your customs broker files the entry with US Customs and Border Protection (CBP), which passes the FDA data on to FDA. Food also needs prior notice before it arrives.
Screening. FDA's systems screen every line. Many are released automatically.
Document review. FDA staff can ask for labels, ingredient lists or certificates, uploaded through FDA's ITACS system.
Exam or sample. If the documents are not enough, FDA can examine the goods or take a sample for testing. Keep the goods in the port area until FDA releases them. Moving them early can lead to a demand to bring them back.
Decision. FDA issues a Notice of FDA Action. It either releases the goods or detains them.

There is also a shortcut: detention without physical examination (DWPE). If a product, manufacturer or importer is on an FDA import alert, the shipment can be detained on that history alone, without anyone looking at it.

What the notice tells you

The detention notice goes to the importer of record, the owner or consignee, and any representative they have authorized in writing. It lists:

the charges: the sections of US law the goods appear to violate
the entry lines and products affected
the deadline to respond
the FDA compliance officer handling the case

For food, the charges usually fall into two groups. Adulteration covers things like unsafe colour or food additives, contamination or insanitary conditions. Misbranding covers labeling, such as text not in English, missing Nutrition Facts or an undeclared major food allergen.

The deadline

Go by the date on your notice. FDA's procedures manual allows 10 working days from the date of detention, and notices often give 20 calendar days. You can ask for more time, but the request has to come before the deadline and give a reason. If FDA hears nothing by then, it can refuse the shipment.

Your three options

1. Respond with evidence

Submit anything that shows the product complies: documents, corrected paperwork and, for some charges, private laboratory results. FDA calls this testimony. You can give it in writing or at an informal hearing. If FDA accepts it, the goods are released.

2. Relabel or recondition

The importer of record applies on Form FDA 766 with a method and a timeframe. The work is done under FDA supervision, and you pay the supervision costs. If the first attempt fails, a second application needs meaningful changes. A third is generally not granted.

3. Accept refusal

Refused food must be exported or destroyed under CBP supervision within 90 days of the refusal.

Which option works depends on the charge. A label problem can often be fixed by relabeling in the US. An ingredient that is not permitted in the US usually cannot be fixed at the port, which leaves export or destruction.

What it costs

Even a detention that ends in release costs time and money:

storage and demurrage while the goods wait
lab tests, relabeling work and FDA supervision
freight back to Europe, or destruction
lost shelf life, and customers waiting for stock

Refusals are also published in FDA's Import Refusal Report, which is updated monthly. Repeat problems can put a product, manufacturer or importer on an import alert, and later shipments can then be detained without examination.

How to avoid the next one

Screen ingredients and colours against US rules before you order, not after the goods ship.
Check each label against US format and allergen rules.
Make sure the importer's FSVP, the factory's FDA registration and prior notice are in place.
Keep labels, ingredient lists and specifications ready to upload the same day FDA asks.
Work with a customs broker who handles FDA entries regularly.

Where Westbound fits

Find the problems on paper, not at the port

Our work happens before shipping. We screen your range and tell you which products are fit for the US. If a shipment is already held, we can screen the documents you have and give you a fix list quickly. The response to FDA goes through you or your customs broker. We don't file with FDA or represent you. For legal questions, you need an FDA attorney.

Get a quote

Common questions

What is the difference between a hold and a detention?

While FDA examines or samples the goods, it is still checking. A detention means FDA has found what appears to be a violation and has issued a notice with charges.

Can I sell the goods while they are detained?

No. They have to stay put until FDA releases them. If detained goods are distributed, FDA can demand them back, and that can lead to claims against the import bond.

Does FDA pay for the samples it takes?

FDA pays for samples that turn out to comply. It does not pay for samples that show a violation.

Where do I upload documents for FDA?

Through ITACS, FDA's system for import entry documents. Your customs broker can usually help with this.

Sources

This guide explains the rules in general terms, as we read them on 26 September 2026. It is not legal advice. Rules change, so check the current text through the sources above or with a qualified adviser before you rely on it.

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