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

For NESTLE NIGERIA · 99-39 · NIGERIA, import alert is 99-39; import alert name is Detention Without Physical Examination of Imported Food Products That Appear to Be Misbranded; country is NIGERIA; product is Cerelac Infant Cereals with Milk | Cerelac Infant Cereals with Milk | Cerelac Infant Cereals with Milk; product code is 05 B - - 05 Mixed Cereal, Quick or Instant Cooking | 05 Y - - 99 Cereal Preparations Not Elsewhere Mentioned, N.E.C. | 40 B - - 06 Wheat Cereal (Baby); date published is 07/22/2024; address is 22-24 Industrial Ave , Ilupeju, NIGERIA, verified against its source on 2026-09-16.

- **Firm:** NESTLE NIGERIA _(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:** NIGERIA _(verified: appears in the quote below)_
- **Address:** 22-24 Industrial Ave , Ilupeju, NIGERIA _(verified: appears in the quote below)_
- **Date published:** 07/22/2024 _(verified: appears in the quote below)_
- **Product code:** 05 B - - 05 Mixed Cereal, Quick or Instant Cooking | 05 Y - - 99 Cereal Preparations Not Elsewhere Mentioned, N.E.C. | 40 B - - 06 Wheat Cereal (Baby) _(verified: each item appears in the quote below)_
- **Product:** Cerelac Infant Cereals with Milk | Cerelac Infant Cereals with Milk | Cerelac Infant Cereals with Milk _(verified: each item appears in the quote below)_
- **FDA notes:** The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i). | The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i). | The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i). _(verified: each item appears in the quote below)_

## What the source says

> NESTLE NIGERIA Date Published : 07/22/2024 22-24 Industrial Ave , Ilupeju, NIGERIA 05 B - - 05 Mixed Cereal, Quick or Instant Cooking Date Published: 07/22/2024 Desc: Cerelac Infant Cereals with Milk Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i). 05 Y - - 99 Cereal Preparations Not Elsewhere Mentioned, N.E.C. Date Published: 07/22/2024 Desc: Cerelac Infant Cereals with Milk Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i). 40 B - - 06 Wheat Cereal (Baby) Date Published: 07/22/2024 Desc: Cerelac Infant Cereals with Milk Notes: The article is subject to refusal of admission pursuant to Section 801(a)(3) of the FD&C Act in that it appears to be misbranded within the meaning of: Section 403(a)(1) in that the label is false or misleading. Specifically, the principal display panel of the products declares “with milk” on the; however, based on the ingredient list, it appears that milk is not an ingredient in the product. The ingredient statement declares “skimmed milk powder”, which is not “milk” as defined in 21 CFR 131.110. Section 403(e)(2) of the Act and 15 USC 1453(a)(2) of the Fair Packaging and Labeling Act (FPLA) for failing to declare the net quantity of contents in terms of avoirdupois pound and ounce (21 CFR 101.7(b)(1)). In addition, the location of the net quantity of contents statement on the subject label does not appear to be on the principal display panel (21 CFR 101.7(e) and (f)). Section 403(q) in that the nutrition facts information is not presented in the correct format as required by 21 CFR 101.9. Specifically, the product appears to be a food other than infant formula marketed for infants through 12 months of age but does not present nutrition information in accordance with 21 CFR 101.9(j)(5)(ii)). Section (r)(1)(A) because the labeling for the product bears a nutrient content claim that is not authorized by regulation. Specifically, under 21 CFR 101.13(b)(3), no nutrient content claims may be made on infant formulas unless the claim is provided for under 21 CFR parts 101, 105, or 107, or unless the claim relates to vitamin or mineral content as described in 21 CFR 101.13(q)(3)(i).

## 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/).