Department of Health and Human Services' logo Department of Health and Human Services

Public Health Service
Food and Drug Administration
San Francisco District Office

 

1431 Harbor Bay Pkwy
Alameda, CA 94502-7070
Telephone: 510-337-6700

February 25, 2000
WARNING LETTER
VIA FEDERAL EXPRESS

Chi Thanh Truong, Owner
Chi Thanh Trading Co.
959 Grace Ave
Oakland, CA 94608

Ref. No. 2952739

Dear Mr Truong:

On January 29, 2000, FDA inspection of a shipment offered for entry into the United States by your firm on December 26, 1999 under entry number DZ1-0192595-3, revealed that one of the invoiced items, "Herbal Tea," is actually dried geckoes. The product is packaged in clear plastic boxes which are labeled as, "Herbal Tea." The product was exported by Tsang Fook Kee Med. Co., Hong Kong.

The misrepresentation of this product at the time of entry appears to be an attempt to circumvent our Detention Without Physical Examination action against geckoes shipped by Tsang Fook Kee Med. Co. as covered by Import Alert 99-19, Regulatory Procedures Manual, Chapter 9-79 (copy enclosed), and is a violation of the Federal Food, Drug, and Cosmetic Act, (21 USC 301, et seq.) and may violate other provisions of law, such as 19 USC 1592 and 18 USC 542.

You should take prompt action to correct the violation. Failure to promptly correct the violation may result in regulatory action without further notice. These include seizure and/or injunction.

You should notify this office in writing, within 15 working days of receipt of this letter, of the specific steps you have taken to correct the noted violation. If corrective action cannot be completed within 15 days, state the reasons for the delay and the time at which the correction will be completed.

Your reply should be directed to Ms Harumi Kishida, Compliance Officer, US Food and Drug Administration, 1431 Harbor Bay Pkwy, Alameda, CA 94502-7070. If you have any questions concerning the violations noted, then please contact Ms Kishida at 510-337-6824.

Sincerely,
/s/
Charles D. Moss
Acting District Director

cc:
Enclosure

cc: Hieu Trieu, Customs Broker
EWI, Inc.
305 Harbor Way
South San Francisco, CA 94080
650-794-1388

This page was posted on August 20, 2006.

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