FDA refusal charge DIETARYING: dietary ingredient labeling

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The DIETARYING charge appeared in 78 FDA import refusals between 2020 and 2026 — 0.3% of all 26,358 US import refusals. The charge is a labelling or registration failure, not a hazard found in the product. The origins cited most often are India, China, Canada. The most-affected product category is Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans. Volume in 2025 was down 38% on 2024.

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What FDA's charge says

DIETARYING is the code FDA prints on a refusal; below is the charge language FDA publishes for it, quoted from its charge table, with the sections of the FD&C Act it cites.

The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it is a dietary supplement that appears to be misbranded within the meaning of Section 403(s)(2)(A) of the FD&C Act in that the dietary supplement label or labeling fails to list the name of each dietary ingredient of the supplement and the quantity of each such dietary ingredient or , with respect to a proprietary blend of such dietary ingredients, the total quantity of all dietary ingredients in the blend.

Sections 403(s)(2)(A),801(a)(3); MISBRANDING

DIETARYING refusals by year

YearRefusalsYoY
202010—
202112+20.0%
20223-75.0%
202310+233.3%
202416+60.0%
202510-37.5%
202617—YTD
Total78

Origins most often refused under DIETARYING

#Origin countryRefusals
1India8
2China7
3Canada6
4Hong Kong6
5United Kingdom6
6Saint Lucia5
7United States5
8Mexico4
9Germany3
10South Korea3
11Japan2
12Malaysia2
13Nigeria2
14Turkey2
15Australia1
16Brazil1
17Colombia1
18Dominican Republic1
19Fiji1
20Ghana1
21Greece1
22Lithuania1
23Pakistan1
24Philippines1
25Poland1
26Portugal1
27South Africa1
28Spain1
29Sweden1
30Syria1

Product categories refused under DIETARYING

#Product categoryRefusals
1Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans66
2Dietary Conventional Foods and Meal Replacements7
3Food Sweeteners (Nutritive)2
4Bakery Products, Doughs, Bakery Mixes, and Icings1
5Spices, Flavors, and Salts1
6Vegetables and Vegetable Products1

Latest refusals citing DIETARYING

About DIETARYING

What does the FDA import refusal charge DIETARYING mean?

FDA uses DIETARYING for: dietary ingredient labeling. Its published charge language reads: “The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it is a dietary supplement that appears to be misbranded within the meaning of Section 403(s)(2)(A) of the FD&C Act in that the dietary supplement label or labeling fails to list the name of each dietary ingredient of the supplement and the quantity of each such dietary ingredient or , with respect to a proprietary blend of such dietary ingredients, the total quantity of all dietary ingredients in the blend.”

Is DIETARYING a food safety finding?

No. DIETARYING is a labelling or registration failure: the charge is about the label, the filing or the paperwork, not a hazard found in the product. A refusal citing it alone is counted as paperwork on this site.

What happens to a shipment refused under DIETARYING?

Under section 801(a) of the FD&C Act a refused entry has to be exported or destroyed, normally within 90 days of the notice of refusal. Bringing a product into compliance, for instance by relabelling, is something the importer asks FDA for before the decision is final. The notice itself and FDA's guidance govern a particular case; this page describes the published data and is not legal advice.