# Thomyam Food Industries Sdn.Bhd. · 99-39 · MALAYSIA — FDA import alert red lists: firms subject to detention without physical examination

For Thomyam Food Industries Sdn.Bhd. · 99-39 · MALAYSIA, import alert is 99-39; import alert name is Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded; country is MALAYSIA; product is Dragonfly Brand Assorted Pudding | Dragonfly Brand Mango Pudding | Dragonfly Brand Assorted Pudding | Dragonfly Brand Mango Pudding | Dragonfly Brand Pandan Flavor Pudding | Dragonfly Brand Mini Pudding Tropical Fruit; product code is 35 A - - 01 Gelatin, Flavored | 35 A - - 01 Gelatin, Flavored | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard); date published is 10/02/2015; address is Lot 76 No. 10 , Semambu Industrial Estate , Kuantan, Pahang MALAYSIA, verified against its source on 2026-09-16.

- **Firm:** Thomyam Food Industries Sdn.Bhd. _(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:** MALAYSIA _(verified: appears in the quote below)_
- **Address:** Lot 76 No. 10 , Semambu Industrial Estate , Kuantan, Pahang MALAYSIA _(verified: appears in the quote below)_
- **Date published:** 10/02/2015 _(verified: appears in the quote below)_
- **Product code:** 35 A - - 01 Gelatin, Flavored | 35 A - - 01 Gelatin, Flavored | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) | 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) _(verified: each item appears in the quote below)_
- **Product:** Dragonfly Brand Assorted Pudding | Dragonfly Brand Mango Pudding | Dragonfly Brand Assorted Pudding | Dragonfly Brand Mango Pudding | Dragonfly Brand Pandan Flavor Pudding | Dragonfly Brand Mini Pudding Tropical Fruit _(verified: each item appears in the quote below)_
- **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(a)(1) of the Act. Labeling is false and misleading in any particular (Section 201(n)). Labeling fails to reveal a material fact that the characterizing flavors are artificially derived, thereby creating a misleading appearance to the consumer regarding the source and nature of the product's flavor profile. Label represents the product as having primary recognizable (characterizing) flavors through word or vignette but fails to identify said flavors as being “artificial” or “artificially flavored” (21 CFR 101.22(i)(2). Section 403(i)(2) of the FD&C Act. Label consistently uses the British spelling "Flavoured," which is misspelled. Flavoring meets the definition of artificial flavor under 21 CFR 101.22(a)(1), as it is not derived from a natural source. Per 21 CFR 101.22(h)(1) and (2), it must be declared as "artificial flavor." Incidental additives originating in a flavor need not be declared if they meet 21 CFR 101.100(a)(3). Collective grouping of color ingredients is not permitted. "Food coloring (FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Red No. 40, FD&C Blue No. 1)" must be listed individually by common or usual name in descending order of predominance by weight per 21 CFR 101.4(a)(1). Multiple chemical preservatives do not appear to be properly declaring the common or usual name of the ingredient with the function of the preservative in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." If citric acid functions as a preservative, the function must be declared. "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name per 21 CFR 101.4. | 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(a)(1) of the FD&C Act. Labeling is false and misleading when it fails to reveal material facts about the product (Section 201(n)). Label represents the product as having primary characterizing flavors through words or vignettes but fails to identify those flavors as "artificial" or "artificially flavored" as required by 21 CFR 101.22(i)(2). This omission misleads consumers regarding the source and nature of the product's flavor profile. Section 403(i)(2) of the FD&C Act. The label fails to list the common or usual name of each ingredient (21 CFR 101.22). Label consistently uses the British spelling "Flavoured," which is misspelled. The flavoring appears to meet the definition of artificial flavor under 21 CFR 101.22(a)(1) and should be declared accordingly. Incidental additives originating from flavors need not be declared if they meet 21 CFR 101.100(a)(3) requirements. Food coloring ingredients cannot be collectively grouped. Colors such as FD&C Yellow No. 5, Yellow No. 6, Red No. 40, and Blue No. 1 must be listed individually by common or usual name in descending order of predominance by weight (21 CFR 101.4(a)(1)). Chemical preservatives must declare the ingredient name followed by its function in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." This applies to citric acid if functioning as a preservative. Some ingredients are not declared by their common or usual name (21 CFR 101.4). "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name; "Sodium Caseinate" should be declared directly. Section 403(k) of the FD&C Act. The label uses "Food Flavoring" as a general category before listing specific chemical flavor compounds. If these flavors are not derived from a natural source, the label must use the term "Artificial Flavor”. | 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(a)(1) of the Act. Labeling is false and misleading in any particular (Section 201(n)). Labeling fails to reveal a material fact that the characterizing flavors are artificially derived, thereby creating a misleading appearance to the consumer regarding the source and nature of the product's flavor profile. Label represents the product as having primary recognizable (characterizing) flavors through word or vignette but fails to identify said flavors as being “artificial” or “artificially flavored” (21 CFR 101.22(i)(2). Section 403(i)(2) of the FD&C Act. Label consistently uses the British spelling "Flavoured," which is misspelled. Flavoring meets the definition of artificial flavor under 21 CFR 101.22(a)(1), as it is not derived from a natural source. Per 21 CFR 101.22(h)(1) and (2), it must be declared as "artificial flavor." Incidental additives originating in a flavor need not be declared if they meet 21 CFR 101.100(a)(3). Collective grouping of color ingredients is not permitted. "Food coloring (FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Red No. 40, FD&C Blue No. 1)" must be listed individually by common or usual name in descending order of predominance by weight per 21 CFR 101.4(a)(1). Multiple chemical preservatives do not appear to be properly declaring the common or usual name of the ingredient with the function of the preservative in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." If citric acid functions as a preservative, the function must be declared. "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name per 21 CFR 101.4. | 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(a)(1) of the FD&C Act. Labeling is false and misleading when it fails to reveal material facts about the product (Section 201(n)). Label represents the product as having primary characterizing flavors through words or vignettes but fails to identify those flavors as "artificial" or "artificially flavored" as required by 21 CFR 101.22(i)(2). This omission misleads consumers regarding the source and nature of the product's flavor profile. Section 403(i)(2) of the FD&C Act. The label fails to list the common or usual name of each ingredient (21 CFR 101.22). Label consistently uses the British spelling "Flavoured," which is misspelled. The flavoring appears to meet the definition of artificial flavor under 21 CFR 101.22(a)(1) and should be declared accordingly. Incidental additives originating from flavors need not be declared if they meet 21 CFR 101.100(a)(3) requirements. Food coloring ingredients cannot be collectively grouped. Colors such as FD&C Yellow No. 5, Yellow No. 6, Red No. 40, and Blue No. 1 must be listed individually by common or usual name in descending order of predominance by weight (21 CFR 101.4(a)(1)). Chemical preservatives must declare the ingredient name followed by its function in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." This applies to citric acid if functioning as a preservative. Some ingredients are not declared by their common or usual name (21 CFR 101.4). "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name; "Sodium Caseinate" should be declared directly. Section 403(k) of the FD&C Act. The label uses "Food Flavoring" as a general category before listing specific chemical flavor compounds. If these flavors are not derived from a natural source, the label must use the term "Artificial Flavor”. | Product is misbranded under 403(i)(2) in that the label fails to declare all ingredients in the ingredient statement by their common of usual names required by 21CFR101.4. Specifically; sodium caseinate. Also; product is misbranded under 403(q) in that the label does not comply with the labeling requirements in 21CFR101.9. Specifically; the label does not list trans fat and the format of the nutrition information is incorrect. Product is further misbranded under 403(q)in that there is no French translation on the nutrition label as required by 21CFR101.15(b)(3) 5/5/07 | Product is misbranded under 403(i)(2) in that the label fails to declare all ingredients in the ingredient statement as required by 21CFR101.4. Specifically; sodium caseinate. Also; the product is misbranded under 403(q) in that the format for the nutrition facts label does not comply with 21CFR101.9. Product is further misbranded under 403(q) in that there is no French translation on the nutrition label as required by 21CFR101.15(b)(3) 5/4/07 _(verified: each item appears in the quote below)_

## What the source says

> Thomyam Food Industries Sdn.Bhd. Date Published : 10/02/2015 Lot 76 No. 10 , Semambu Industrial Estate , Kuantan, Pahang MALAYSIA 35 A - - 01 Gelatin, Flavored Date Published: 05/15/2026 Desc: Dragonfly Brand Assorted Pudding 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(a)(1) of the Act. Labeling is false and misleading in any particular (Section 201(n)). Labeling fails to reveal a material fact that the characterizing flavors are artificially derived, thereby creating a misleading appearance to the consumer regarding the source and nature of the product's flavor profile. Label represents the product as having primary recognizable (characterizing) flavors through word or vignette but fails to identify said flavors as being “artificial” or “artificially flavored” (21 CFR 101.22(i)(2). Section 403(i)(2) of the FD&C Act. Label consistently uses the British spelling "Flavoured," which is misspelled. Flavoring meets the definition of artificial flavor under 21 CFR 101.22(a)(1), as it is not derived from a natural source. Per 21 CFR 101.22(h)(1) and (2), it must be declared as "artificial flavor." Incidental additives originating in a flavor need not be declared if they meet 21 CFR 101.100(a)(3). Collective grouping of color ingredients is not permitted. "Food coloring (FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Red No. 40, FD&C Blue No. 1)" must be listed individually by common or usual name in descending order of predominance by weight per 21 CFR 101.4(a)(1). Multiple chemical preservatives do not appear to be properly declaring the common or usual name of the ingredient with the function of the preservative in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." If citric acid functions as a preservative, the function must be declared. "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name per 21 CFR 101.4. 35 A - - 01 Gelatin, Flavored Date Published: 05/15/2026 Desc: Dragonfly Brand Mango Pudding 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(a)(1) of the FD&C Act. Labeling is false and misleading when it fails to reveal material facts about the product (Section 201(n)). Label represents the product as having primary characterizing flavors through words or vignettes but fails to identify those flavors as "artificial" or "artificially flavored" as required by 21 CFR 101.22(i)(2). This omission misleads consumers regarding the source and nature of the product's flavor profile. Section 403(i)(2) of the FD&C Act. The label fails to list the common or usual name of each ingredient (21 CFR 101.22). Label consistently uses the British spelling "Flavoured," which is misspelled. The flavoring appears to meet the definition of artificial flavor under 21 CFR 101.22(a)(1) and should be declared accordingly. Incidental additives originating from flavors need not be declared if they meet 21 CFR 101.100(a)(3) requirements. Food coloring ingredients cannot be collectively grouped. Colors such as FD&C Yellow No. 5, Yellow No. 6, Red No. 40, and Blue No. 1 must be listed individually by common or usual name in descending order of predominance by weight (21 CFR 101.4(a)(1)). Chemical preservatives must declare the ingredient name followed by its function in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." This applies to citric acid if functioning as a preservative. Some ingredients are not declared by their common or usual name (21 CFR 101.4). "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name; "Sodium Caseinate" should be declared directly. Section 403(k) of the FD&C Act. The label uses "Food Flavoring" as a general category before listing specific chemical flavor compounds. If these flavors are not derived from a natural source, the label must use the term "Artificial Flavor”. 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) Date Published: 10/02/2015 Desc: Dragonfly Brand Assorted Pudding 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(a)(1) of the Act. Labeling is false and misleading in any particular (Section 201(n)). Labeling fails to reveal a material fact that the characterizing flavors are artificially derived, thereby creating a misleading appearance to the consumer regarding the source and nature of the product's flavor profile. Label represents the product as having primary recognizable (characterizing) flavors through word or vignette but fails to identify said flavors as being “artificial” or “artificially flavored” (21 CFR 101.22(i)(2). Section 403(i)(2) of the FD&C Act. Label consistently uses the British spelling "Flavoured," which is misspelled. Flavoring meets the definition of artificial flavor under 21 CFR 101.22(a)(1), as it is not derived from a natural source. Per 21 CFR 101.22(h)(1) and (2), it must be declared as "artificial flavor." Incidental additives originating in a flavor need not be declared if they meet 21 CFR 101.100(a)(3). Collective grouping of color ingredients is not permitted. "Food coloring (FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Red No. 40, FD&C Blue No. 1)" must be listed individually by common or usual name in descending order of predominance by weight per 21 CFR 101.4(a)(1). Multiple chemical preservatives do not appear to be properly declaring the common or usual name of the ingredient with the function of the preservative in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." If citric acid functions as a preservative, the function must be declared. "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name per 21 CFR 101.4. 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) Date Published: 10/02/2015 Desc: Dragonfly Brand Mango Pudding 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(a)(1) of the FD&C Act. Labeling is false and misleading when it fails to reveal material facts about the product (Section 201(n)). Label represents the product as having primary characterizing flavors through words or vignettes but fails to identify those flavors as "artificial" or "artificially flavored" as required by 21 CFR 101.22(i)(2). This omission misleads consumers regarding the source and nature of the product's flavor profile. Section 403(i)(2) of the FD&C Act. The label fails to list the common or usual name of each ingredient (21 CFR 101.22). Label consistently uses the British spelling "Flavoured," which is misspelled. The flavoring appears to meet the definition of artificial flavor under 21 CFR 101.22(a)(1) and should be declared accordingly. Incidental additives originating from flavors need not be declared if they meet 21 CFR 101.100(a)(3) requirements. Food coloring ingredients cannot be collectively grouped. Colors such as FD&C Yellow No. 5, Yellow No. 6, Red No. 40, and Blue No. 1 must be listed individually by common or usual name in descending order of predominance by weight (21 CFR 101.4(a)(1)). Chemical preservatives must declare the ingredient name followed by its function in parentheses (21 CFR 101.22(j)). "Acidity Regulator (Tripotassium Citrate Monohydrate)" should read "Tripotassium Citrate Monohydrate (Acidity Regulator)." This applies to citric acid if functioning as a preservative. Some ingredients are not declared by their common or usual name (21 CFR 101.4). "Milk Protein (Sodium Caseinate)" is not an appropriate common or usual name; "Sodium Caseinate" should be declared directly. Section 403(k) of the FD&C Act. The label uses "Food Flavoring" as a general category before listing specific chemical flavor compounds. If these flavors are not derived from a natural source, the label must use the term "Artificial Flavor”. 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) Date Published: 10/02/2015 Desc: Dragonfly Brand Pandan Flavor Pudding Notes: Product is misbranded under 403(i)(2) in that the label fails to declare all ingredients in the ingredient statement by their common of usual names required by 21CFR101.4. Specifically; sodium caseinate. Also; product is misbranded under 403(q) in that the label does not comply with the labeling requirements in 21CFR101.9. Specifically; the label does not list trans fat and the format of the nutrition information is incorrect. Product is further misbranded under 403(q)in that there is no French translation on the nutrition label as required by 21CFR101.15(b)(3) 5/5/07 35 D - - 99 Pudding (Pie Filling) Mix, N.E.C. (Not Custard) Date Published: 10/02/2015 Desc: Dragonfly Brand Mini Pudding Tropical Fruit Notes: Product is misbranded under 403(i)(2) in that the label fails to declare all ingredients in the ingredient statement as required by 21CFR101.4. Specifically; sodium caseinate. Also; the product is misbranded under 403(q) in that the format for the nutrition facts label does not comply with 21CFR101.9. Product is further misbranded under 403(q) in that there is no French translation on the nutrition label as required by 21CFR101.15(b)(3) 5/4/07

## 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/).