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Import Alert 40-05: Detention without physical examination of adulterated and misbranded infant formula

FDA last published FDA alert page

As of October 26, 2026, FDA Import Alert 40-05 (Adulterated and misbranded infant formula) lists 17 firms on its red list in 9 countries, covering infant formula; 0 firms were added and 0 removed in the last 90 days.

Data from FDA public records, last checked . Request a correction

17
firms on the red list
9
countries
0
added in the last 90 days
0
removed in the last 90 days

What changed in the last 90 days

Additions use the date FDA published each listing. Removals are dated by the day SupplierRadar first saw the firm gone; the weekly and daily checks are described on the data sources page.

Removed from Import Alert 40-05

SupplierRadar has recorded no removals from Import Alert 40-05 in the last 90 days, as of October 26, 2026. A removal is shown at the top of this page, and on the firm's own page, the day it is found.

Added to Import Alert 40-05

No firm was added to Import Alert 40-05 in the last 90 days, as of October 26, 2026.

Firms on Import Alert 40-05, by country

17 listings in 9 countries. Each name links to the firm's FDA record history; the date is the one FDA published on the alert.

Listings by country

Import alert listings by country
CountryRed listTotal
United Kingdom66
Germany22
Netherlands22
Switzerland22
Australia11
France11
India11
Ireland11
Israel11
Firms in United Kingdom on Import Alert 40-05
FirmListProductsDate published
BritsuperstoreDoverRedHiPP Organic Good Night Milk; HiPP Organic Combiotic Anti-Reflux Milk Powder
HippHurst GroveRedHiPP Organic Combiotic anti-reflux milk powder; HiPP Organic Good Night milk; Combiotic First Infant Milk
Hipp Uk LtdBerkshireRedHiPP Organic Combiotic Hungry Infant Milk; HiPP Organic Combiotic First Infant Milk; Combiotic Follow On Milk
Kendal Nutricare Ltd.KendalRedFirst Infant Milk
NannycareLondonRedFollow on Milk
NutriciaWilshireRedAptamil Breast Milk Substitute
Firms in Germany on Import Alert 40-05
FirmListProductsDate published
Hipp GmbH & CO Vertrieb KGPfaffenhofen A.d.ilmRedHiPP Combiotic PRE Infant Milk
Milchwerke "Mittelelbe" GmbHStendalRedPowdered Infant Formula
Firms in Netherlands on Import Alert 40-05
FirmListProductsDate published
JoannusmolenCuijkRedEkoBaby Zuigelingenmelk 1; EkoBaby Groeimelk 3; EkoBaby Opvolgmelk 2
Potentia Trium B.VRotterdamRedLoulouka Goat Follow-On Formula
Firms in Switzerland on Import Alert 40-05
FirmListProductsDate published
Holle Baby Food GmbHRiehenRedHolle Organic Infant Follow-On Formula 2; Holle Goat Stage Pre Organic Infant Milk Formula (Holle Bio Pre Anfangsmilch a
Holle FoodRiehenRedHolle Organic Infant Formula Bio-Folgemilch 2; Holle Organic Infant Powder Formula Bio 1
Firms in Australia on Import Alert 40-05
FirmListProductsDate published
Mainfreight Warehousing Dandenong SouthDandenong SouthRedLittleOak Natural Goat Milk Follow-on Formula (6-12 months); LittleOak Natural Goat Milk Infant Formula 1 (0-6 months)
Firms in France on Import Alert 40-05
FirmListProductsDate published
Nutribio, SAMontaubanRedMilk Base Infant Formula Product (0-12 months), Powder Formula
Firms in India on Import Alert 40-05
FirmListProductsDate published
Nestle India LtdNew DelhiRedFormula Prod (Baby); Infant Formula Raw Material; Ready To Feed Formula Products; Liquid Concentrate Formula Products; P
Firms in Ireland on Import Alert 40-05
FirmListProductsDate published
NutriciaDublin 1RedFirst Infant Milk
Firms in Israel on Import Alert 40-05
FirmListProductsDate published
Maabarot Products Ltd.Ma'AbarotRedFormula Prod (Baby); Ready To Feed Formula Products; Liquid Concentrate Formula Products; Powder Formula Products

Refusal charges named on this alert

FDA's alert page names these charge codes. The counts are refusal lines FDA recorded under each charge since October 2016, for all firms, not only firms on this alert.
Charge codes named on Import Alert 40-05
Charge codeMeaningRefusal lines since 2016
LIST INGREIngredients not listed6,329
LACKS N/CNet quantity statement missing5,566
LACKS FIRMManufacturer name and address missing3,082
USUAL NAMECommon or usual name missing2,547
FALSEFalse or misleading labeling2,446
POISONOUSPoisonous or deleterious substance2,420
ALLERGENMajor food allergen not declared1,736
INSANITARYPrepared, packed or held under insanitary conditions898
NUTR DEFThe infant formula appears to adulterated in that it does not provide the nutrients required by 21 CFR 107.10025
NUTR UNITThe infant formula appears to be misbranded within the meaning of Section 403 in that the labeling fails to…20

What the alert covers and why FDA issued it

FDA's wording, with FDA's change markers removed.
Official title
”DETENTION WITHOUT PHYSICAL EXAMINATION OF ADULTERATED AND MISBRANDED INFANT FORMULA
Product scope
Infant formula
Last published

Since an infant formula shortage in early 2022, the U.S. Food and Drug Administration (FDA or the Agency) and U.S. government partners have been working to expand consumer access to infant formula products, while also ensuring that these products are safe and nutritionally adequate. As we emerged from the acute crisis, the agency has participated in numerous reviews, including an evaluation of the agency’s infant formula response.

FDA has taken many steps to improve the resiliency of the infant formula supply, including by issuing multiple guidance documents intended to help facilitate the availability of safe and nutritionally adequate infant formula products in the U.S. marketplace. The agency has also taken steps to enhance the safety of powdered infant formula through the development of a Cronobacter prevention strategy, enhanced inspectional activities, increased engagement with the infant formula industry, and by pursuing regulatory action when appropriate. The revision of this import alert aligns with the Agency’s ongoing commitment to enhance regulatory oversight to help ensure that the industry is producing infant formula under the safest conditions possible.

FDA Import Alert 40-05, Reason for AlertRead it on FDA
Read the rest of the reason

This import alert addresses infant formulas that appear to be adulterated and/or misbranded. A detention recommendation case should be forwarded to Human Food Program – Division of Produce and Imports Enforcement, Imports Enforcement Branch.

Listing on an import alert is FDA's notice to the firm and a fact an importer must consider in its supplier evaluation under 21 CFR 1.505. What the red, green and yellow lists mean.

Questions about Import Alert 40-05

What is Import Alert 40-05?
Import Alert 40-05, “Detention without physical examination of adulterated and misbranded infant formula”, is an FDA import alert. FDA may detain infant formula from the firms on its red list without physical examination; FDA last published the alert on July 21, 2026.
Which firms are on Import Alert 40-05?
As of October 26, 2026, 17 firms are listed on Import Alert 40-05 in 9 countries; the most listings are in United Kingdom (6), Germany (2) and Netherlands (2). The full table, grouped by country, is below on this page and every firm links to its record.
How do firms get off Import Alert 40-05?
A firm asks FDA to remove it by submitting evidence that the cause of the listing has been corrected. The Guidance section of the alert on FDA's website gives the procedure and the contact for 40-05; our guide explains the steps and the evidence FDA usually asks for.
What charge does FDA use under Import Alert 40-05?
The charge section of Import Alert 40-05 names LIST INGRE (ingredients not listed), LACKS N/C (net quantity statement missing), LACKS FIRM (manufacturer name and address missing), USUAL NAME (common or usual name missing) and FALSE (false or misleading labeling) and 5 more. Each code is a refusal charge in FDA's reference table; the linked pages give FDA's official statement and refusal counts.
Which firms were added to Import Alert 40-05 recently?
No firm was added to Import Alert 40-05 in the last 90 days, as of October 26, 2026.
Which firms were removed from Import Alert 40-05 recently?
SupplierRadar has recorded no removals from Import Alert 40-05 in the last 90 days, as of October 26, 2026. A removal is shown at the top of this page and on the firm's page the day it is found.

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SupplierRadar is not affiliated with the U.S. Food and Drug Administration. Data comes from public FDA records and may contain errors. This is not legal advice; importers remain responsible for their supplier evaluations.