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February 19, 2025 By: Asa Waldstein

Records Refusal Leads To Warning Letter

Takeaway -

Take FDA inquiries seriously

Take FDA inquiries seriously

Being unresponsive to official FDA requests can lead to serious issues.

A drug manufacturing facility in India received a records request from FDA. After several attempts, the company responded that they did not make the products FDA was inquiring about, which did not match the information provided by the customer. FDA continued to follow up with no reply. This led to a warning letter and an import alert.

From warning letter. “A contract manufacturing agreement provided by the (b)(4) owner and other records show that you are the manufacturer of (b)(4), which was shipped to the United States. These records include your registration file, your certificate of analysis, and a batch production record.”

All products from this company were placed on import alert, which means they may not be imported into the US. Learn more about import alerts.

Remote Regulatory Assessments (RRAs) are different and may be considered voluntary. I’ve heard that participating in voluntary RRA requests helps prioritize FDA inspections, which can lessen the frequency that FDA inspects and reinspects compliant companies. Learn more about RRAs.

This is a shorter Warning Letter Wednesday than normal as I am speaking at the NutraIngredients Weight Management Summit in San Diego and am still processing the passing of AHPA President Michael McGuffin. Michael, you will be missed with a warm, herbal heart.

Read the full Records Refusal Leads To Warning Letter warning letter.

DATE ORIGINALLY POSTED: 2/19/25

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.

Disclaimer: The educational information provided here is for informational purposes only. Contact an attorney for specific legal advice. Rule #1 in compliance is to ensure marketing is truthful and not misleading.

Written by

Asa Waldstein
Asa Waldstein
Asa Waldstein is a 24-year veteran of the dietary supplement industry, with experience spanning manufacturing, marketing, and regulatory compliance. He is the principal of Apex Compliance, a software company dedicated to streamlining regulatory marketing compliance for the dietary supplement and natural products sectors. Asa also leads Supplement Advisory Group, a boutique consultancy focused on marketing risk analysis, labeling, and practical compliance strategies for websites and social media. Asa has helped oversee three FDA GMP inspections with no 483s and was honored with the 2023 AHPA Herbal Hero Award and the 2024 What's Up Supps Policy and Change Agent Award. He currently serves as Chair of the American Herbal Products Association’s (AHPA) Cannabis Committee, helping shape policy and industry best practices