# Kapulsky · 99-39 · ISRAEL — FDA import alert red lists: firms subject to detention without physical examination

For Kapulsky · 99-39 · ISRAEL, import alert is 99-39; import alert name is Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded; country is ISRAEL; product is Cake (Black Forest Torte) | Cakes Chocolate Party Cake | Cakes Chocolate Party Cake | Cakes (Black Forest Torte); product code is 03 N - - 01 Cake,Custard or Cream Filled | 03 N - - 01 Cake,Custard or Cream Filled | 03 R - - 01 Cake Without Custard or Cream Filling | 03 R - - 01 Cake Without Custard or Cream Filling; date published is 10/02/2015; address is P.O Box 8172 , Netanya, ISRAEL, verified against its source on 2026-09-16.

- **Firm:** Kapulsky _(verified: appears in the quote below)_
- **Import alert:** 99-39
- **Import alert name:** Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded
- **Country:** ISRAEL _(verified: appears in the quote below)_
- **Address:** P.O Box 8172 , Netanya, ISRAEL _(verified: appears in the quote below)_
- **Date published:** 10/02/2015 _(verified: appears in the quote below)_
- **Product code:** 03 N - - 01 Cake,Custard or Cream Filled | 03 N - - 01 Cake,Custard or Cream Filled | 03 R - - 01 Cake Without Custard or Cream Filling | 03 R - - 01 Cake Without Custard or Cream Filling _(verified: each item appears in the quote below)_
- **Product:** Cake (Black Forest Torte) | Cakes Chocolate Party Cake | Cakes Chocolate Party Cake | Cakes (Black Forest Torte) _(verified: each item appears in the quote below)_
- **FDA notes:** Product is misbranded within the meaning of 403(r)(1)(a) in that the labeling is false. Specifically; the label bears the unauthorized nutrient content claim trans fat-free;In addition; the article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be misbranded because the sub-ingredients of multi-component ingredients such as non-dairy creamer and sugared cherries are not declared in accordance with 21 CFR 101.4(b)(2);In addition; several ingredients (e.g. gelling agents; cemacao; E-435; E-491; E-471; E-481; E-475; E- 415; E-464; E-460; E-466; E-327; E-202) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(l) and the collective declaration of emulsifiers and stabilizers and the parenthetical declaration of acid and preservatives is not permitted as required by 21 CFR 101.4; Lastly; the ingredient statement bears the term sugars. It is not clear whether this is intended to mean sucrose obtained from sugar cane or sugar beets or if it is being used as a collective term for sweeteners from various sources. If it is cane or beet sugar; it must be declared in accordance with 21 CFR 10 1.4(b)(20). The collective declaration of sweeteners from various sources is not permitted as required by 21 CFR 101.4; | VIOLATION (IN NOTES): 403(r)(1)(A); 403(i)(2) 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 403(r)(1)(A) because the label bears an undefined nutrient content claim Trans Fat Free. AND 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 403(i)(2) in that the label or labeling fails to bear required information. Specifically: 1. The sub-ingredients of multi-component ingredients such as non-dairy creamer, Bittersweet chocolate and Cemacao are not declared in accordance with 21 CFR101.4(b)(2); 2. The term Cemacao is not a common or usual name that is recognized in the U.S. [21 CFR 101.4(a)(1)]; 3. Several ingredients (i.e., Starches E-1422, E-1412, E-1414, E-1442; Vegetable stabilizers E-410, E-415, E-412, E-460(i), E-414, E-401, E-464, E-439) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(1); 4. Glucose is not declared by its common or usual name in accordance with 21 CFR 101.4(a)(1). Glucose must be declared as either glucose syrup or dried glucose syrup (21 CFR 168.120 or 168.121) depending on the form of the ingredient used; 5. The individual fat and/or oil ingredients shall be declared by its specific common or usual name (i.e., partially hydrogenated vegetable oils (soybean, cottonseed, and palm oils) in accordance with 21 CFR 101.4(b)(14); 6. The term sugars is declared in the ingredient list. If it is cane or beet sugar, it must be declared in accordance with 21 CFR 101.4(b)(20). | VIOLATION (IN NOTES): 403(r)(1)(A); 403(i)(2) 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 403(r)(1)(A) because the label bears an undefined nutrient content claim Trans Fat Free. AND 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 403(i)(2) in that the label or labeling fails to bear required information. Specifically: 1. The sub-ingredients of multi-component ingredients such as non-dairy creamer, Bittersweet chocolate and Cemacao are not declared in accordance with 21 CFR101.4(b)(2); 2. The term Cemacao is not a common or usual name that is recognized in the U.S. [21 CFR 101.4(a)(1)]; 3. Several ingredients (i.e., Starches E-1422, E-1412, E-1414, E-1442; Vegetable stabilizers E-410, E-415, E-412, E-460(i), E-414, E-401, E-464, E-439) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(1); 4. Glucose is not declared by its common or usual name in accordance with 21 CFR 101.4(a)(1). Glucose must be declared as either glucose syrup or dried glucose syrup (21 CFR 168.120 or 168.121) depending on the form of the ingredient used; 5. The individual fat and/or oil ingredients shall be declared by its specific common or usual name (i.e., partially hydrogenated vegetable oils (soybean, cottonseed, and palm oils) in accordance with 21 CFR 101.4(b)(14); 6. The term sugars is declared in the ingredient list. If it is cane or beet sugar, it must be declared in accordance with 21 CFR 101.4(b)(20). | Product is misbranded within the meaning of 403(r)(1)(a) in that the labeling is false. Specifically; the label bears the unauthorized nutrient content claim trans fat-free;In addition; the article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be misbranded because the sub-ingredients of multi-component ingredients such as non-dairy creamer and sugared cherries are not declared in accordance with 21 CFR 101.4(b)(2);In addition; several ingredients (e.g. gelling agents; cemacao; E-435; E-491; E-471; E-481; E-475; E-415; E-464; E-460; E-466; E-327; E-202) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(l) and the collective declaration of emulsifiers and stabilizers and the parenthetical declaration of acid and preservatives is not permitted as required by 21 CFR 101.4; Lastly; the ingredient statement bears the term sugars. It is not clear whether this is intended to mean sucrose obtained from sugar cane or sugar beets or if it is being used as a collective term for sweeteners from various sources. If it is cane or beet sugar; it must be declared in accordance with 21 CFR 10 1.4(b)(20). The collective declaration of sweeteners from various sources is not permitted as required by 21 CFR 101.4; _(verified: each item appears in the quote below)_

## What the source says

> Kapulsky Date Published : 10/02/2015 P.O Box 8172 , Netanya, ISRAEL 03 N - - 01 Cake,Custard or Cream Filled Date Published: 10/02/2015 Desc: Cake (Black Forest Torte) Notes: Product is misbranded within the meaning of 403(r)(1)(a) in that the labeling is false. Specifically; the label bears the unauthorized nutrient content claim trans fat-free;In addition; the article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be misbranded because the sub-ingredients of multi-component ingredients such as non-dairy creamer and sugared cherries are not declared in accordance with 21 CFR 101.4(b)(2);In addition; several ingredients (e.g. gelling agents; cemacao; E-435; E-491; E-471; E-481; E-475; E- 415; E-464; E-460; E-466; E-327; E-202) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(l) and the collective declaration of emulsifiers and stabilizers and the parenthetical declaration of acid and preservatives is not permitted as required by 21 CFR 101.4; Lastly; the ingredient statement bears the term sugars. It is not clear whether this is intended to mean sucrose obtained from sugar cane or sugar beets or if it is being used as a collective term for sweeteners from various sources. If it is cane or beet sugar; it must be declared in accordance with 21 CFR 10 1.4(b)(20). The collective declaration of sweeteners from various sources is not permitted as required by 21 CFR 101.4; 03 N - - 01 Cake,Custard or Cream Filled Date Published: 10/02/2015 Desc: Cakes Chocolate Party Cake Notes: VIOLATION (IN NOTES): 403(r)(1)(A); 403(i)(2) 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 403(r)(1)(A) because the label bears an undefined nutrient content claim Trans Fat Free. AND 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 403(i)(2) in that the label or labeling fails to bear required information. Specifically: 1. The sub-ingredients of multi-component ingredients such as non-dairy creamer, Bittersweet chocolate and Cemacao are not declared in accordance with 21 CFR101.4(b)(2); 2. The term Cemacao is not a common or usual name that is recognized in the U.S. [21 CFR 101.4(a)(1)]; 3. Several ingredients (i.e., Starches E-1422, E-1412, E-1414, E-1442; Vegetable stabilizers E-410, E-415, E-412, E-460(i), E-414, E-401, E-464, E-439) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(1); 4. Glucose is not declared by its common or usual name in accordance with 21 CFR 101.4(a)(1). Glucose must be declared as either glucose syrup or dried glucose syrup (21 CFR 168.120 or 168.121) depending on the form of the ingredient used; 5. The individual fat and/or oil ingredients shall be declared by its specific common or usual name (i.e., partially hydrogenated vegetable oils (soybean, cottonseed, and palm oils) in accordance with 21 CFR 101.4(b)(14); 6. The term sugars is declared in the ingredient list. If it is cane or beet sugar, it must be declared in accordance with 21 CFR 101.4(b)(20). 03 R - - 01 Cake Without Custard or Cream Filling Date Published: 10/02/2015 Desc: Cakes Chocolate Party Cake Notes: VIOLATION (IN NOTES): 403(r)(1)(A); 403(i)(2) 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 403(r)(1)(A) because the label bears an undefined nutrient content claim Trans Fat Free. AND 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 403(i)(2) in that the label or labeling fails to bear required information. Specifically: 1. The sub-ingredients of multi-component ingredients such as non-dairy creamer, Bittersweet chocolate and Cemacao are not declared in accordance with 21 CFR101.4(b)(2); 2. The term Cemacao is not a common or usual name that is recognized in the U.S. [21 CFR 101.4(a)(1)]; 3. Several ingredients (i.e., Starches E-1422, E-1412, E-1414, E-1442; Vegetable stabilizers E-410, E-415, E-412, E-460(i), E-414, E-401, E-464, E-439) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(1); 4. Glucose is not declared by its common or usual name in accordance with 21 CFR 101.4(a)(1). Glucose must be declared as either glucose syrup or dried glucose syrup (21 CFR 168.120 or 168.121) depending on the form of the ingredient used; 5. The individual fat and/or oil ingredients shall be declared by its specific common or usual name (i.e., partially hydrogenated vegetable oils (soybean, cottonseed, and palm oils) in accordance with 21 CFR 101.4(b)(14); 6. The term sugars is declared in the ingredient list. If it is cane or beet sugar, it must be declared in accordance with 21 CFR 101.4(b)(20). 03 R - - 01 Cake Without Custard or Cream Filling Date Published: 10/02/2015 Desc: Cakes (Black Forest Torte) Notes: Product is misbranded within the meaning of 403(r)(1)(a) in that the labeling is false. Specifically; the label bears the unauthorized nutrient content claim trans fat-free;In addition; the article is subject to refusal of admission pursuant to section 801(a)(3) in that it appears to be misbranded because the sub-ingredients of multi-component ingredients such as non-dairy creamer and sugared cherries are not declared in accordance with 21 CFR 101.4(b)(2);In addition; several ingredients (e.g. gelling agents; cemacao; E-435; E-491; E-471; E-481; E-475; E-415; E-464; E-460; E-466; E-327; E-202) are not declared by their common or usual names in accordance with 21 CFR 101.4(a)(l) and the collective declaration of emulsifiers and stabilizers and the parenthetical declaration of acid and preservatives is not permitted as required by 21 CFR 101.4; Lastly; the ingredient statement bears the term sugars. It is not clear whether this is intended to mean sucrose obtained from sugar cane or sugar beets or if it is being used as a collective term for sweeteners from various sources. If it is cane or beet sugar; it must be declared in accordance with 21 CFR 10 1.4(b)(20). The collective declaration of sweeteners from various sources is not permitted as required by 21 CFR 101.4;

## Source

- https://www.accessdata.fda.gov/cms_ia/importalert_1144.html

Last verified: 2026-09-16. Review by: 2026-11-15.
Part of [FDA import alert red lists: firms subject to detention without physical examination](https://referencesource.org/fda-import-alert-red-list/).