Nestle (Gh) Ltd · 99-39 · GHANA
For Nestle (Gh) Ltd · 99-39 · GHANA, import alert is 99-39; import alert name is Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded; country is GHANA; product is Nestle Milo Energy Food Drink powder; net weight 400 g [can] | Nestle Milo Chocolate Powder | Nestle Milo Chocolate Powder | Nestle Milo Energy Food Drink powder; net weight 400 g [can]; product code is 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated | 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated | 34 H - - 03 Cocoa Dairy Mix | 34 H - - 03 Cocoa Dairy Mix; date published is 04/17/2020; address is Plot No 33 , Motorway Extension , North Dzorwulu, Accra GHANA, verified against its source on 2026-09-16.
- Firm
- Nestle (Gh) Ltd verified
- Import alert
- 99-39
- Import alert name
- Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded
- Country
- GHANA verified
- Address
- Plot No 33 , Motorway Extension , North Dzorwulu, Accra GHANA verified
- Date published
- 04/17/2020 verified
- Product code
- 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated | 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated | 34 H - - 03 Cocoa Dairy Mix | 34 H - - 03 Cocoa Dairy Mix each item verified
- Product
- Nestle Milo Energy Food Drink powder; net weight 400 g [can] | Nestle Milo Chocolate Powder | Nestle Milo Chocolate Powder | Nestle Milo Energy Food Drink powder; net weight 400 g [can] each item verified
- FDA notes
- The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the product appears to be misbranded within the meaning of: Section 403(q) of the FD&C Act. Nutrition information does not meet nutrition labeling requirements (21 CFR 101.9). Product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure (21 CFR 101.9(b)(5)), and product bears errors in formatting, including nutrient order and use of hairlines (21 CFR 101.9(d)). Section 403(e)(2) of the FD&C Act. Product does not appear to declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) under the Fair Packaging and Labeling Act (FPLA). Section 403(i)(1) of the Act. Product does not include an appropriate statement of identity (21 CFR 101.3). The product appears to be a mix used to prepare a drink rather than a drink. Section 403(i)(2) of the FD&C Act. The ingredient “vegetable oil” does not declare the specific common or usual name of the vegetable source (21 CFR 101.4(b)(14)). Vitamins do not appear to be declared by their appropriate common or usual names. FDA does not generally consider the names of vitamins such as “Vitamin D, C, B1, B2, B6, etc.” to be the common or usual name for these ingredients. However, they may be listed parenthetically after the common or usual name in the ingredient statement, for example, Niacin (vitamin B3), Pantothenic Acid (vitamin B5), Biotin (vitamin B7). Product labels fail to bear the common or usual name of the food; does not include an appropriate statement of identity (21 CFR 101.3.) | The article is subject to refusal of admission pursuant to Section 801(a)(3), in that it appears to be misbranded within the meaning of: Section 403(i)(1) of the Act [21 U.S.C. § 343(i)(1)], in that the product does not include an appropriate statement of identity in accordance with 21 CFR 101.3. The product appears to be a mix used to prepare a drink rather than a drink. Label states: “Energy Food Drink”. Section 403(e)(2) of the Act [21 U.S.C. § 343(e)(2)], in that the product does not declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA). Section 403(q) of the Act [21 U.S.C. § 343(q)], in that the nutrition information (e.g. Nutrition Facts label) appears to be provided in accordance with foreign requirement and not in accordance with 21 CFR 101.9. For example: the product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure in accordance with 21 CFR 101.9(b)(5), and the product bears errors in formatting, including nutrient order and use of hairlines in accordance with 21 CFR 101.9(d). | The article is subject to refusal of admission pursuant to Section 801(a)(3), in that it appears to be misbranded within the meaning of: Section 403(i)(1) of the Act [21 U.S.C. § 343(i)(1)], in that the product does not include an appropriate statement of identity in accordance with 21 CFR 101.3. The product appears to be a mix used to prepare a drink rather than a drink. Label states: “Energy Food Drink”. Section 403(e)(2) of the Act [21 U.S.C. § 343(e)(2)], in that the product does not declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA). Section 403(q) of the Act [21 U.S.C. § 343(q)], in that the nutrition information (e.g. Nutrition Facts label) appears to be provided in accordance with foreign requirement and not in accordance with 21 CFR 101.9. For example: the product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure in accordance with 21 CFR 101.9(b)(5), and the product bears errors in formatting, including nutrient order and use of hairlines in accordance with 21 CFR 101.9(d). | The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the product appears to be misbranded within the meaning of: Section 403(q) of the FD&C Act. Nutrition information does not meet nutrition labeling requirements (21 CFR 101.9). Product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure (21 CFR 101.9(b)(5)), and product bears errors in formatting, including nutrient order and use of hairlines (21 CFR 101.9(d)). Section 403(e)(2) of the FD&C Act. Product does not appear to declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) under the Fair Packaging and Labeling Act (FPLA). Section 403(i)(1) of the Act. Product does not include an appropriate statement of identity (21 CFR 101.3). The product appears to be a mix used to prepare a drink rather than a drink. Section 403(i)(2) of the FD&C Act. The ingredient “vegetable oil” does not declare the specific common or usual name of the vegetable source (21 CFR 101.4(b)(14)). Vitamins do not appear to be declared by their appropriate common or usual names. FDA does not generally consider the names of vitamins such as “Vitamin D, C, B1, B2, B6, etc.” to be the common or usual name for these ingredients. However, they may be listed parenthetically after the common or usual name in the ingredient statement, for example, Niacin (vitamin B3), Pantothenic Acid (vitamin B5), Biotin (vitamin B7). Product labels fail to bear the common or usual name of the food; does not include an appropriate statement of identity (21 CFR 101.3.) each item verified
What the source says
Nestle (Gh) Ltd Date Published : 04/17/2020 Plot No 33 , Motorway Extension , North Dzorwulu, Accra GHANA 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated Date Published: 02/07/2025 Desc: Nestle Milo Energy Food Drink powder; net weight 400 g [can] Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the product appears to be misbranded within the meaning of: Section 403(q) of the FD&C Act. Nutrition information does not meet nutrition labeling requirements (21 CFR 101.9). Product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure (21 CFR 101.9(b)(5)), and product bears errors in formatting, including nutrient order and use of hairlines (21 CFR 101.9(d)). Section 403(e)(2) of the FD&C Act. Product does not appear to declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) under the Fair Packaging and Labeling Act (FPLA). Section 403(i)(1) of the Act. Product does not include an appropriate statement of identity (21 CFR 101.3). The product appears to be a mix used to prepare a drink rather than a drink. Section 403(i)(2) of the FD&C Act. The ingredient “vegetable oil” does not declare the specific common or usual name of the vegetable source (21 CFR 101.4(b)(14)). Vitamins do not appear to be declared by their appropriate common or usual names. FDA does not generally consider the names of vitamins such as “Vitamin D, C, B1, B2, B6, etc.” to be the common or usual name for these ingredients. However, they may be listed parenthetically after the common or usual name in the ingredient statement, for example, Niacin (vitamin B3), Pantothenic Acid (vitamin B5), Biotin (vitamin B7). Product labels fail to bear the common or usual name of the food; does not include an appropriate statement of identity (21 CFR 101.3.) 29 A - - 70 Soft Drink, Milk Based (Chocolate Flavored, Etc.), Noncarbonated Date Published: 04/17/2020 Desc: Nestle Milo Chocolate Powder Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3), in that it appears to be misbranded within the meaning of: Section 403(i)(1) of the Act [21 U.S.C. § 343(i)(1)], in that the product does not include an appropriate statement of identity in accordance with 21 CFR 101.3. The product appears to be a mix used to prepare a drink rather than a drink. Label states: “Energy Food Drink”. Section 403(e)(2) of the Act [21 U.S.C. § 343(e)(2)], in that the product does not declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA). Section 403(q) of the Act [21 U.S.C. § 343(q)], in that the nutrition information (e.g. Nutrition Facts label) appears to be provided in accordance with foreign requirement and not in accordance with 21 CFR 101.9. For example: the product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure in accordance with 21 CFR 101.9(b)(5), and the product bears errors in formatting, including nutrient order and use of hairlines in accordance with 21 CFR 101.9(d). 34 H - - 03 Cocoa Dairy Mix Date Published: 02/10/2025 Desc: Nestle Milo Chocolate Powder Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3), in that it appears to be misbranded within the meaning of: Section 403(i)(1) of the Act [21 U.S.C. § 343(i)(1)], in that the product does not include an appropriate statement of identity in accordance with 21 CFR 101.3. The product appears to be a mix used to prepare a drink rather than a drink. Label states: “Energy Food Drink”. Section 403(e)(2) of the Act [21 U.S.C. § 343(e)(2)], in that the product does not declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA). Section 403(q) of the Act [21 U.S.C. § 343(q)], in that the nutrition information (e.g. Nutrition Facts label) appears to be provided in accordance with foreign requirement and not in accordance with 21 CFR 101.9. For example: the product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure in accordance with 21 CFR 101.9(b)(5), and the product bears errors in formatting, including nutrient order and use of hairlines in accordance with 21 CFR 101.9(d). 34 H - - 03 Cocoa Dairy Mix Date Published: 02/07/2025 Desc: Nestle Milo Energy Food Drink powder; net weight 400 g [can] Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3) in that the product appears to be misbranded within the meaning of: Section 403(q) of the FD&C Act. Nutrition information does not meet nutrition labeling requirements (21 CFR 101.9). Product fails to declare a serving size based on the reference amount customarily consumed (RACC) and in a common household measure (21 CFR 101.9(b)(5)), and product bears errors in formatting, including nutrient order and use of hairlines (21 CFR 101.9(d)). Section 403(e)(2) of the FD&C Act. Product does not appear to declare the net quantity of contents in avoirdupois pound and ounce in accordance with 21 CFR 101.7(b)(1) and 15 U.S.C. § 1453(a)(2) under the Fair Packaging and Labeling Act (FPLA). Section 403(i)(1) of the Act. Product does not include an appropriate statement of identity (21 CFR 101.3). The product appears to be a mix used to prepare a drink rather than a drink. Section 403(i)(2) of the FD&C Act. The ingredient “vegetable oil” does not declare the specific common or usual name of the vegetable source (21 CFR 101.4(b)(14)). Vitamins do not appear to be declared by their appropriate common or usual names. FDA does not generally consider the names of vitamins such as “Vitamin D, C, B1, B2, B6, etc.” to be the common or usual name for these ingredients. However, they may be listed parenthetically after the common or usual name in the ingredient statement, for example, Niacin (vitamin B3), Pantothenic Acid (vitamin B5), Biotin (vitamin B7). Product labels fail to bear the common or usual name of the food; does not include an appropriate statement of identity (21 CFR 101.3.)
— accessdata.fda.gov, retrieved 2026-09-15
Source
- accessdata.fda.govhttps://www.accessdata.fda.gov/cms_ia/importalert_1144.html
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