FDA Stories #029 — An Azerbaijani Pomegranate Product Stayed on FDA's Illegal-Color Detention List

Short answer: FDA's current Import Alert 45-02 lists pomegranate puree and pomegranate juice or concentrate from Pak-Mal Company in Azerbaijan. The public entry says the products contained an unidentified, non-permitted red color and allows detention without physical examination.

This article summarizes a public FDA import-alert record. The company named in it is not identified as an FDABridge client. The underlying entry is old — published in 2009 and referencing a 2005 finding — but it remains visible in FDA's current alert.

What did FDA record about the Azerbaijani pomegranate products?

Import Alert 45-02 identifies Pak-Mal Company in Saatli City, Azerbaijan, and covers two product categories: pomegranate puree and pomegranate juice or concentrate. FDA's notes state that the products contained a non-permitted unidentified red color.

The alert explains two separate legal routes for food-color violations. A food may appear adulterated under sections 402(c) and 721(a) when it bears or contains an unsafe color additive. It may appear misbranded under section 403(k) when it contains an undeclared artificial color. One product can create both formulation and labeling questions, depending on the substance and how it is declared.

Why can an old FDA finding still matter to a shipment today?

An entry does not disappear simply because time passes or a company redesigns its packaging. Import Alert 45-02 instructs FDA field personnel about listed manufacturers and products, and the current alert still includes the Azerbaijan entry. Exporters should verify the live FDA status instead of assuming that an older event has expired.

Color compliance also requires more than matching a name in a supplier brochure. US rules determine which color additives may be used in food, any use limitations, whether batch certification is required, and how the color must be declared. A color permitted in another market is not automatically permitted in the United States.

What should juice and fruit-product exporters verify?

• Obtain the complete chemical identity, regulatory status, specification, and intended use level for every added color or coloring preparation.
• Confirm whether the color is permitted for the specific food and use and whether FDA batch certification applies.
• Investigate unexpectedly intense or unusually stable color as a potential authenticity or adulteration signal.
• Use fit-for-purpose testing when supplier history, product vulnerability, or previous findings justify it.
• Review the current import alert and prepare a documented corrective strategy before attempting a listed shipment.

Quick answers for Azerbaijani food exporters

Can a natural-looking fruit product contain an illegal artificial color?

Yes. Product appearance and a fruit-based name do not establish the identity or legal status of a color additive.

Does changing the label remove a firm from an FDA import alert?

Not automatically. A firm seeking removal generally must address the cause of the violation and submit evidence that FDA considers adequate under the alert's process.

Verified public sources

• FDA Import Alert 45-02, including the Pak-Mal Company pomegranate entries: https://www.accessdata.fda.gov/cms_ia/importalert_118.html
• FDA overview of color additives and regulatory requirements: https://www.fda.gov/industry/color-additives

FDABridge helps beverage and fruit-product exporters assess US ingredients, labels, facility filings, and import-alert exposure before shipment. Visit fdabridge.com/food or fdabridge.com/contact.