Don't let customs be the first to catch your mistake. We review, correct, and finalize your supplement label before it ever ships.
The most common — and most serious — labeling problem is a claim that crosses from structure/function into disease territory. Supplements may say how an ingredient supports the body's normal function; they may not say the product treats, cures, or prevents a disease. Cross that line and FDA treats your supplement as an unapproved drug.
| Compliant (structure/function) | Non-compliant (disease claim) |
|---|---|
| "Supports immune function" | "Prevents colds and flu" |
| "Helps maintain healthy blood sugar already in the normal range" | "Controls diabetes" |
| "Supports memory" | "Treats Alzheimer's" |
| "Calcium builds strong bones" | "Prevents osteoporosis" |
If your label makes any structure/function claim, two obligations attach automatically:
The label must carry: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." Under 21 CFR 101.93 it must be boxed, boldface, at least 1/16-inch type, and linked to each claim.
You must hold substantiation that the claim is truthful and not misleading, and notify FDA of the claim text within 30 days of first marketing. The claim isn't pre-approved — but skipping the notice is its own violation.
Beyond claims, a supplement label is misbranded if it's missing any required element. A compliant label includes:
| Stage | What happens |
|---|---|
| Detention | FDA holds the shipment and issues a notice citing the labeling violation |
| Response window | You must respond; storage and demurrage fees accrue while the container sits |
| Refusal | If unresolved, the product is refused — then re-exported or destroyed |
| Reconditioning | In some cases, relabeling is allowed under FDA supervision — slow and costly |
| Import Alert | Repeat problems can land the product on an Import Alert, causing detention without physical examination on future shipments |
Flag any disease claim; confirm structure/function claims are defensible.
Present, correctly worded, boxed, boldface, linked to each claim.
101.36 heading, serving size, %DV, and typography — done right.
Identity, net quantity, other ingredients, allergens, U.S. contact.
Every correction made while the label is still a file.
Registration, U.S. Agent, prior notice, supplier verification.
FDA Registration Assistance performs a full pre-import label review — claims, DSHEA disclaimer, Supplement Facts panel, required elements, allergens, and ingredient compliance — and gives you clear, actionable corrections. We also handle facility registration, U.S. Agent, prior notice, and supplier verification, so no single gap stops your shipment.
Contact us at info@fdaregistrationassistance.com or call +1 (928) 275-8333. Food Facility Registration is available starting at $858. Trusted by companies across 135+ countries, with 15+ years of experience.
Because FDA doesn't pre-approve supplement labels, the label is where compliance is judged — and it's one of the first things reviewed at entry. If the label is misbranded (a disease claim, a missing disclaimer, an incorrect Supplement Facts panel), the shipment can be detained or refused even if the product is safe.
Disease claims. Supplements may make structure/function claims ("supports immune function") but not claims to diagnose, treat, cure, or prevent disease ("treats hypertension," "prevents colds"). A disease claim makes the product an unapproved drug in FDA's eyes — a fast route to detention and refusal.
A structure/function claim describes how an ingredient affects normal body structure or function ("calcium builds strong bones," "supports memory"). A disease claim says or implies the product treats or prevents a disease. The first is allowed on supplements with a disclaimer; the second is reserved for approved drugs. "Supports healthy blood sugar" is fine; "controls diabetes" is not.
When a label makes a structure/function claim, it must carry: "This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease." Under 21 CFR 101.93 it must be boxed, boldface, at least 1/16-inch type, and linked to each claim.
Yes. For structure/function claims, you must have substantiation that the claim is truthful and not misleading, and notify FDA of the claim text within 30 days of first marketing. The claim isn't pre-approved, but the notification and the disclaimer are both required.
In late 2025, FDA announced it would exercise enforcement discretion on the older requirement that the disclaimer appear on every panel of the label, while it considers amending that rule. Importantly, the disclaimer is still required and still must be linked to each structure/function claim — only the "every panel" placement is under enforcement discretion.
Under 21 CFR 101.36, the panel must be headed "Supplement Facts" (never "Nutrition Facts"), with serving size, servings per container, each dietary ingredient, and % Daily Value where established. The typography rules — heading size, boxing, type size — are specific and a frequent source of violations.
A statement of identity (including "dietary supplement"), net quantity, the Supplement Facts panel, an "Other ingredients" list, an allergen declaration, and the manufacturer/packer/distributor name and address with a U.S. contact for adverse-event reports. Missing any of these can render the product misbranded.
FDA can detain the shipment and issue a notice; you respond, and if unresolved the product is refused — then re-exported or destroyed, though relabeling (reconditioning) is sometimes allowed under supervision. Repeated problems can land your product on an Import Alert, triggering detention without physical examination on future shipments.
Sometimes, but it's the worst case. By then inventory is committed and in transit, storage and demurrage fees accrue, and your options narrow to reconditioning under supervision, re-export, or destruction. Catching the same issue in the design file costs a fraction.
No. Labels often look correct because designers focus on aesthetics, brands copy competitors, or international (non-FDA) formats are used. Compliance issues are usually invisible to the eye and only surface during regulatory review — which is why a professional pre-import review exists.
Often, yes. The same non-compliant claims and labeling errors that trigger import problems can also cause marketplace listing removals. Getting the label right for FDA generally strengthens your standing on retail and e-commerce platforms too.
No — it complements them. Your facility still needs FDA registration and a U.S. Agent, imports still need prior notice, and importers still need supplier verification. A clean label clears one major hurdle; we handle the others so no single gap stops your shipment.
We perform a full pre-import label review — claims, DSHEA disclaimer, Supplement Facts panel, required elements, allergens, and ingredient compliance — with clear, actionable corrections before you print and ship. We also handle facility registration, U.S. Agent, prior notice, and supplier verification. Starting at $858 for registration, for companies across 135+ countries. Contact info@fdaregistrationassistance.com or +1 (928) 275-8333.