Last refresh: . 26,358 refusals since 2020-01-01.

FDA refusal charge INCONSPICU: label not conspicuous

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The INCONSPICU charge appeared in 670 FDA import refusals between 2020 and 2026 — 2.5% 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 Mexico, India, China. The most-affected product category is Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans. Volume in 2025 was up 72% on 2024.

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What FDA's charge says

INCONSPICU 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 appears to be misbranded within the meaning of Section 403(f) of the FD&C Act in that any word, statement, or other information required by or under the authority of the FD&C Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary terms of purchase and use (for example, label contains information in two or more languages but fails to repeat all required information in both languages in accordance with 21 CFR 101.15(c)(2), or label fails to include all required information in English in accordance with 21 CFR 101.15(c)(1), except in the case of articles distributed solely in the Commonwealth of Puerto Rico or in a Territory where the predominant language is one other than English)).

Sections 403(f), 801(a)(3); MISBRANDING

INCONSPICU refusals by year

YearRefusalsYoY
202072—
202163-12.5%
202264+1.6%
202384+31.2%
2024107+27.4%
2025184+72.0%
202696—YTD
Total670

Origins most often refused under INCONSPICU

#Origin countryRefusals
1Mexico215
2India54
3China40
4Philippines36
5South Korea36
6Canada16
7Germany16
8Thailand16
9Japan15
10Turkey14
11United Kingdom14
12Switzerland13
13Vietnam12
14Malaysia11
15Sweden9
16Brazil8
17Taiwan8
18Guatemala7
19Hong Kong7
20Indonesia7
21Bangladesh6
22Jordan6
23Italy5
24Nigeria5
25Pakistan5
26Russia5
27United States5
28Honduras4
29Lebanon4
30Netherlands4

Product categories refused under INCONSPICU

#Product categoryRefusals
1Vitamins, Minerals, Proteins, and Unconventional Dietary Specialties for Humans111
2Snack Food Items (Flour, Meal, or Vegetable Base)75
3Candy Without Chocolate, Candy Specialties, and Chewing Gum54
4Dietary Conventional Foods and Meal Replacements48
5Multiple Food Dinners, Gravies, Sauces, and Specialties (Total Diet)44
6Fruit and Fruit Products43
7Soft Drinks and Waters40
8Bakery Products, Doughs, Bakery Mixes, and Icings33
9Vegetables and Vegetable Products32
10Fishery/Seafood Products29
11Macaroni and Noodle Products28
12Baby (Infant and Junior) Food Products24
13Milk, Butter, and Dried Milk Products16
14Spices, Flavors, and Salts16
15Whole Grains, Milled Grain Products, and Starch14

Latest refusals citing INCONSPICU

About INCONSPICU

What does the FDA import refusal charge INCONSPICU mean?

FDA uses INCONSPICU for: label not conspicuous. 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 appears to be misbranded within the meaning of Section 403(f) of the FD&C Act in that any word, statement, or other information required by or under the authority of the FD&C Act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary terms of purchase and use (for example, label contains information in two or more languages but fails to repeat all required information in both languages in accordance with 21 CFR 101.15(c)(2), or label fails to include all required information in English in accordance with 21 CFR 101.15(c)(1), except in the case of articles distributed solely in the Commonwealth of Puerto Rico or in a Territory where the predominant language is one other than English)).”

Is INCONSPICU a food safety finding?

No. INCONSPICU 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 INCONSPICU?

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.