FDA Warning Letter to Eherbs Imports, Inc (2026-07-23) — Foreign Supplier Verification Program (FSVP)
Letter issued · posted to fda.gov .
Subject as published: Foreign Supplier Verification Program (FSVP)
TL;DR
The short version: The FDA issued a warning letter to Eherbs Imports, Inc. (San Diego, CA) on July 23, 2026, following an FSVP inspection conducted May 12-20, 2026, citing failure to develop, maintain, and follow a Foreign Supplier Verification Program for imported foods including bread, pasteurized string cheese, and amaranth candy. The company must respond within 15 working days with corrections and supporting documentation, or face potential refusal of admission, detention without physical examination of imported foods, or enforcement action under the FD&C Act.
Argus analysis
# FDA Warning Letter Analysis: Eherbs Imports, Inc
**Company and Violations**
Eherbs Imports, Inc, a San Diego-based food importer owned by Jeffrey Valadez Aguirre, received a warning letter from the FDA's Office of Inspections and Investigations on July 23, 2026, following an inspection conducted May 12–20, 2026. The FDA found that the company failed to develop, maintain, or follow a Foreign Supplier Verification Program (FSVP) for any of its imported foods, including bread, pasteurized string cheese, and amaranth candy. The company had not responded to the Form FDA 483a observations issued at the conclusion of the inspection.
**Regulatory Citations and Requirements**
The violations cite 21 CFR Part 1, Subpart L, which implements Section 805 of the Federal Food, Drug, and Cosmetic Act. This regulation requires importers to conduct risk-based verification activities ensuring that imported human and animal food meets applicable U.S. safety standards. The FSVP requirement is foundational to FDA's food safety framework; importers must document supplier approval, hazard analysis, and verification procedures before products enter U.S. commerce. Failure to maintain these programs constitutes a prohibited act under Section 301(zz) of the FD&C Act.
**Response Timeline and Industry Outlook**
Eherbs Imports has 15 working days from letter receipt to submit a written response addressing specific corrections and providing supporting documentation of its FSVP implementation. The FDA indicated potential escalation actions, including detention without physical examination (DWPE) under Import Alert #99-41 and possible refusal of entry under Section 801(a)(3). Compliance officers in the import sector should monitor whether the company develops adequate supplier verification protocols and whether any of its product lines appear on subsequent FDA import alert lists.
Severity context
Low severity. Procedural or narrow scope; most peer companies resolve in the 15-business-day response window without structural change.
Regulatory background
FDA Warning Letters are administratively non-binding but signal that recurring non-compliance may escalate to injunction, seizure, import alert, or Application Integrity Policy invocation.
What peer compliance teams typically do next
Most compliance officers at peer companies use a Warning Letter against a named entity as a checklist for their own CAPA program. Common steps: pull the verbatim FDA letter; map each cited 21 CFR section against the team’s SOP library; confirm CAPA coverage; brief the QMR (Quality Management Review) on whether the cited subject matter is in scope for the next internal audit. The 15-business-day response window applies to the cited entity, not to peers — but a documented internal review against the cited subjects is what regulators expect to see if a peer is later inspected on the same topic.
Excerpt from the FDA Warning Letter (public domain, 17 USC §105)
WARNING LETTER Eherbs Imports, Inc MARCS-CMS 732692 — July 23, 2026 More Warning Letters Warning Letters About Warning and Close-Out Letters Delivery Method: Via Express Delivery Product: Food & Beverages Recipient: Recipient Name Jeffrey Valadez Aguirre Recipient Title Owner Eherbs Imports, Inc 2495 Paseo De Las Americas San Diego , CA 92154-7224 United States (b)(6), (b)(7)(C) Issuing Office: Office of Inspections and Investigations United States 07/23/2026 WARNING LETTER Re: CMS # 732692 Dear Mr. Jeffrey Valadez Aguirre, From 05/12/2026 to 05/20/2026, the Food and Drug Administration (FDA) conducted a Foreign Supplier Verification Program (FSVP) inspection of EHERBS IMPORTS, INC. located at 2495 Paseo De Las Americas, San Diego, CA 92154. The inspection was conducted to determine compliance with the requirements of section 805 of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 384a) and the implementing FSVP regulation in 21 CFR part 1, subpart L. The FSVP regulation requires that importers perform certain risk-based activities to verify that human and/or animal food they import into the United States has been produced in a manner that meets applicable U.S. food safety standards. You may find information relating to the FSVP regulation and your responsibilities to comply with the regulation through links in FDA’s FSVP web page at https://www.fda.gov/food/food-safety-modernization-act-fsma/fsma-final-rule-foreign-supplier-verification-programs-fsvp-importers-food-humans-and-animals. During the most recent inspection, we found that you are not in compliance with the requirements of 21 CFR part 1, subpart L for the foods you import. Because of these significant violations, you are not in compliance with section 805 of the FD&C Act. At the conclusion of the inspection, our investigator provided you with a Form FDA 483a FSVP Observations. We have not received your response to the Form FDA 483a issued on 05/20/2026. Your significant violations of the FSVP regulation are as follows: You did not develop, maintain, and follow an FSVP as required by section 805 of the FD&C Act and 21 CFR 1.502(a). Specifically, you did not develop an FSVP for any of the foods you import, including each of the following foods, Bread, Pasteurized String Cheese, and Amaranth Candy imported from foreign supplier (b)(4) , located in (b)(4) The above violations are not intended to be an all-inclusive list of violations of the FSVP requirements. It is your responsibility to ensure that you are in compliance with section 805 of the FD&C Act and the implementing regulation in 21 CFR part 1, subpart L. This letter notifies you of our concerns and provides you an opportunity to address them. If you do not adequately address this matter, we may take further action. For instance, we may take action under section 801(a)(3) of the FD&C Act (21 U.S.C. 381(a)(3)) to refuse admission of the food you import for which you appear to be in violation of section 805. We may plac…
Excerpt only. The full verbatim Warning Letter is the source of truth — always read the original before regulatory decisions.
The verbatim FDA Warning Letter is the source of truth. Always read the original before acting on any analysis or summary on this page.
Read the full letter on fda.gov ↗Frequently asked questions
- What is the standard FDA response window for a warning letter?
- FDA warning letters typically require a written response within 15 working days of receipt, outlining the corrective and preventive actions the company will take.
- Has Eherbs Imports, Inc had FDA enforcement actions before?
- This is the only FDA Warning Letter Argus HQ has on file for Eherbs Imports, Inc as of 2026-07-28. Argus ingests new FDA enforcement records daily.
- What FDA violations was Eherbs Imports, Inc cited for?
- The FDA Warning Letter to Eherbs Imports, Inc (issuing office: Office of Inspections and Investigations) cites: Foreign Supplier Verification Program (FSVP). Classification: Warning Letter.
- When did FDA issue the warning letter to Eherbs Imports, Inc?
- FDA issued the letter (MARCS-CMS 732692) on 2026-07-23 and posted it publicly on fda.gov on 2026-07-28.
argus.hq
Don’t find out about the next one six weeks late.
Argus reads every FDA Warning Letter the day it publishes, summarizes it against your watchlist, and lands the ones touching your business in your inbox at 6am ET. Plans from $99/month. Cancel any time.
methodology
The analysis above is produced by Anthropic Claude Haiku 4.5 against the verbatim FDA Warning Letter excerpt and is brand-voice lint-checked before publish. The TL;DR is the same summary that ships in the customer email digest. Severity is auto-classified by Argus from the subject string and letter body using rules documented in lib/ingestion/fda-warning-letters.ts.
Argus HQ is informational only. Summaries and analyses are AI-generated and may contain errors, misclassifications, or omissions. Verify against the FDA source URL above. Argus HQ is not a law firm, accounting firm, or regulatory agency, and provides no legal, accounting, financial, medical, or regulatory advice.
Compiled by Argus HQ Research from FDA primary sources · Reviewed by Andy Gaber, Founder
Cite this record
Reusing this data in reporting or research? Here’s a ready-made citation.
Argus HQ Research (2026). FDA Warning Letter to Eherbs Imports, Inc (2026-07-23) — Foreign Supplier Verification Program (FSVP). Digital Empire Holdings LLC. Retrieved from https://argushq.ai/fda/warning-letter/fda-wl-eherbs-imports-inc-2026-07-23-warning-letter
"FDA Warning Letter to Eherbs Imports, Inc (2026-07-23) — Foreign Supplier Verification Program (FSVP)." Argus HQ Research, Digital Empire Holdings LLC, 2026, argushq.ai/fda/warning-letter/fda-wl-eherbs-imports-inc-2026-07-23-warning-letter.
Argus HQ Research. "FDA Warning Letter to Eherbs Imports, Inc (2026-07-23) — Foreign Supplier Verification Program (FSVP)." Digital Empire Holdings LLC. Accessed July 29, 2026. https://argushq.ai/fda/warning-letter/fda-wl-eherbs-imports-inc-2026-07-23-warning-letter.
@misc{argushq_argushq_ai_fda_warning_letter_fda_wl_eherbs_imports_inc_2026_07_23_warning_letter_2026,
title = {FDA Warning Letter to Eherbs Imports, Inc (2026-07-23) — Foreign Supplier Verification Program (FSVP)},
author = {{Argus HQ Research}},
year = {2026},
publisher = {Digital Empire Holdings LLC},
url = {https://argushq.ai/fda/warning-letter/fda-wl-eherbs-imports-inc-2026-07-23-warning-letter},
note = {Accessed: July 29, 2026}
}