FDA refusal charge YELLOW #5: FD&C Yellow No. 5 undeclared
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The YELLOW #5 charge appeared in 143 FDA import refusals between 2020 and 2026 — 0.7% of the 19,123 refusals that identify a hazard. The origins cited most often are India, China, Canada. The most-affected product category is Bakery Products, Doughs, Bakery Mixes, and Icings. Volume in 2025 was up 189% on 2024.
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What FDA's charge says
YELLOW #5 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 food appears to bear or contain the color additive FD & C Yellow No. 5, which is not declared on the label per 21 CFR 74.705(a)(c) under section 721.
YELLOW #5 refusals by year
| Year | Refusals | YoY | |
|---|---|---|---|
| 2020 | 14 | — | |
| 2021 | 8 | -42.9% | |
| 2022 | 17 | +112.5% | |
| 2023 | 34 | +100.0% | |
| 2024 | 9 | -73.5% | |
| 2025 | 26 | +188.9% | |
| 2026 | 35 | — | YTD |
| Total | 143 |
Origins most often refused under YELLOW #5
| # | Origin country | Refusals |
|---|---|---|
| 1 | India | 21 |
| 2 | China | 19 |
| 3 | Canada | 18 |
| 4 | Japan | 8 |
| 5 | Mexico | 8 |
| 6 | Philippines | 7 |
| 7 | Guatemala | 6 |
| 8 | United States | 6 |
| 9 | Thailand | 5 |
| 10 | Georgia | 4 |
| 11 | Jordan | 3 |
| 12 | Lebanon | 3 |
| 13 | Malaysia | 3 |
| 14 | Morocco | 3 |
| 15 | Nepal | 3 |
| 16 | Pakistan | 3 |
| 17 | Spain | 3 |
| 18 | Taiwan | 3 |
| 19 | Turkey | 3 |
| 20 | Colombia | 2 |
| 21 | Honduras | 2 |
| 22 | Yemen | 2 |
| 23 | - | 1 |
| 24 | Afghanistan | 1 |
| 25 | Bangladesh | 1 |
| 26 | Guyana | 1 |
| 27 | Myanmar | 1 |
| 28 | South Korea | 1 |
| 29 | Tanzania | 1 |
| 30 | Vietnam | 1 |
Product categories refused under YELLOW #5
| # | Product category | Refusals |
|---|---|---|
| 1 | Bakery Products, Doughs, Bakery Mixes, and Icings | 28 |
| 2 | Candy Without Chocolate, Candy Specialties, and Chewing Gum | 21 |
| 3 | Ice Cream and Related Products | 15 |
| 4 | Snack Food Items (Flour, Meal, or Vegetable Base) | 14 |
| 5 | Vegetables and Vegetable Products | 12 |
| 6 | Soft Drinks and Waters | 11 |
| 7 | Fruit and Fruit Products | 8 |
| 8 | Spices, Flavors, and Salts | 6 |
| 9 | Gelatin, Rennet, Pudding Mixes, and Pie Fillings | 5 |
| 10 | Nuts and Edible Seeds | 5 |
| 11 | Beverage Bases | 4 |
| 12 | Macaroni and Noodle Products | 3 |
| 13 | Chocolate and Cocoa Products | 2 |
| 14 | Filled Milk and Imitation Milk Products | 2 |
| 15 | Milk, Butter, and Dried Milk Products | 2 |
Latest refusals citing YELLOW #5
- NFT-2072767-2 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
- NFT-2067117-7 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
- NFT-2072758-1 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
- NFT-2074380-2 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
- 300-6087487-5 BAKLAVAFrom Canada, Bakery Products, Doughs, Bakery Mixes, and Icings. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
- 9AR-0447184-3 STRAWBERRY JUICE, BERRY JUICE OR CONCENTRATESFrom Thailand, Fruit and Fruit Products. unsafe color additiveingredients not listedno net quantitynot in English+4 more
- NFT-2098486-9 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. FD&C Yellow No. 5 undeclared
- BQL-0114719-6 SOFT DRINK, IMITATION FRUIT FLAVORED, CARBONATEDFrom Georgia, Soft Drinks and Waters. unsafe color additiveFD&C Yellow No. 5 undeclared
- BQL-0114718-8 SOFT DRINK, IMITATION FRUIT FLAVORED, CARBONATEDFrom Georgia, Soft Drinks and Waters. unsafe color additiveFD&C Yellow No. 5 undeclared
- BQL-0113509-2 SOFT DRINK, IMITATION FRUIT FLAVORED, CARBONATEDFrom Georgia, Soft Drinks and Waters. color not declaredFD&C Yellow No. 5 undeclared
- BQL-0113697-5 SOFT DRINK, IMITATION FRUIT FLAVORED, CARBONATEDFrom Georgia, Soft Drinks and Waters. unsafe color additiveFD&C Yellow No. 5 undeclared
- 9DH-0083503-8 OTHER BAKERY PRODUCTS, N.E.C.From United States, Bakery Products, Doughs, Bakery Mixes, and Icings. unsafe color additivecolor not declaredno net quantitynutrition labeling+1 more
- U47-2608503-6 ICE CREAM BARSFrom China, Ice Cream and Related Products. FD&C Yellow No. 5 undeclared
- SCS-3273132-3 MINT CANDY, HARD, WITHOUT NUTS AND FRUIT (WITHOUT CHOCOLATE)From Canada, Candy Without Chocolate, Candy Specialties, and Chewing Gum. unsafe color additivecolor not declaredno net quantitynutrition labeling+1 more
- 823-0223530-2 ICE CREAM AND RELATED PRODUCTS, N.E.C.From China, Ice Cream and Related Products. FD&C Yellow No. 5 undeclared
- NFT-2092697-7 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. FD&C Yellow No. 5 undeclared
- NFT-2094189-3 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. FD&C Yellow No. 5 undeclared
- N56-0051318-2 CANDY SPECIALTIES, N.E.C. (WITHOUT CHOCOLATE)From Mexico, Candy Without Chocolate, Candy Specialties, and Chewing Gum. unsafe color additivecolor not declarednot in EnglishFD&C Yellow No. 5 undeclared
- 823-0223831-4 ICE CREAM AND RELATED PRODUCTS, N.E.C.From China, Ice Cream and Related Products. melamineFD&C Yellow No. 5 undeclared
- NFT-2094792-4 ICES, FRUIT FLAVORED, ON A STICK, (POPSICLES, ETC.)From China, Ice Cream and Related Products. unsafe color additivecolor not declaredFD&C Yellow No. 5 undeclared
About YELLOW #5
What does the FDA import refusal charge YELLOW #5 mean?
FDA uses YELLOW #5 for: FD&C Yellow No. 5 undeclared. Its published charge language reads: “The food appears to bear or contain the color additive FD & C Yellow No. 5, which is not declared on the label per 21 CFR 74.705(a)(c) under section 721.”
Is YELLOW #5 a food safety finding?
Yes. This site counts YELLOW #5 as a hazard finding, so a refusal citing it is on the hazard side of the hazard and paperwork split, whatever else the refusal cites.
What happens to a shipment refused under YELLOW #5?
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.