Selected passages from the FDA letter
Quoted FDA text from the published dataset. These selected excerpts are not the complete letter.
Passage 1FDA laboratory testing of a batch of this product detained at the border found that the drug product contained an average of only 55% w/w ethanol.
Passage 2the subpotency demonstrates that the quality assurance within your facility is not functioning in accordance with Current Good Manufacturing Practice (CGMP) requirements.
Passage 3MISSY KAY Premium Hand Sanitizer is an unapproved new drug introduced or delivered for introduction into interstate commerce in violation of section 505(a) of the FD&C Act, 21 U.S.C. 355(a)
Passage 4MISSY KAY Premium Hand Sanitizer is misbranded under section 502(a) of the FD&C Act, 21 U.S.C 352(a), because its labeling is false or misleading.
Passage 5MISSY KAY Premium Hand Sanitizer is misbranded under section 502(c) of the FD&C Act, 21 U.S.C. 352(c), because it fails to comply with 21 CFR 201.15(c)(2), which states “if the label contains any representation in a foreign language, all words, statements, and other information required by or under authority of the act to appear on the label shall appear thereon in the foreign language.”
Passage 6MISSY KAY Premium Hand Sanitizer is misbranded under section 502(x) of the FD&C Act, 21 U.S.C. 352(x), because the product label fails to disclose a complete domestic address or domestic telephone number through which the responsible person may receive a report of a serious adverse event with such drug.
Passage 7this product is misbranded under section 502(ee) of the FD&C Act, 21 U.S.C. 352(ee), because MISSY KAY Premium Hand Sanitizer is a nonprescription drug subject to section 505G of the FD&C Act, 21 U.S.C. 355G, but does not comply with the requirements for marketing under that section and is not the subject of an application approved under section 505 of the FD&C Act, 21 U.S.C.
Passage 8the label of MISSY KAY Premium Hand Sanitizer states that it “sterilizes and disinfects hands and skin,” which suggests it is a disinfectant.
Citations in the original letter
As cited in this historical letter, not a statement of current regulatory requirements.
- 21 CFR 201.128
- 21 CFR 201.15(c)(2)
- 21 CFR 210
- 21 CFR 211.84
- 21 CFR 211.165
- 21 CFR 330