Warning letter · FDA Warning Letters

Evimeria El Aztecano, Inc.: FDA Warning Letter 624797 (Nov 16, 2022)

Agency action: Nov 16, 2022Record ID: fda_warning_-6d15f657e8d287e6
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What happened

Original notice title

Evimeria El Aztecano, Inc. MARCS-CMS 624797, November 16, 2022

From the archived source record

Based on our subsequent review of the product labeling, we have concluded that this product is in violation of section 403 of the Federal Food, Drug and Cosmetic Act (the Act) and the regulations contained within Title 21, Code of Federal Regulations, Part 101 (21 CFR Part 101). Your “Yerbas Finas Leche de Alpiste con Guanabana y Omega-3” product is misbranded within the meaning of section 403(a)(1) of the Act [21 U.S.C. 343(a)(1)] because its labeling is false or misleading. Because your “Yerbas Finas Leche de Alpiste con Guanabana y Omega-3” dietary supplement does not contain levels of magnesium or potassium at least equal to 80 percent of the value declared on the label for each nutrient, as required by 21 CFR 101.9(g)(4)(ii), the product’s label is false or misleading. 2. Your “Yerbas Finas Leche de Alpiste con Guanabana y Omega-3” is misbranded within the meaning of section 403(r)(1)(A) of the Act [21 U.S.C. § 343(r)(1)(A)] because the product label bears nutrient content claims but does not meet the requirements to bear such claims. Characterizing the level of a nutrient in the food labeling of a product without complying with the specific requirements pertaining to nutrient content claims for that nutrient misbrands the product under section 403(r)(1)(A) of the Act. Your “Yerbas Finas Leche de Alpiste con Guanabana y Omega-3” product is misbranded within the meaning of section 403(q)(5)(F) of the Act [21 U.S.C. § 343(q)(5)(F)] in that the presentation of the nutritional information on the labeling of your product does not comply with 21 CFR 101.36. Your “Yerbas Finas Leche de Alpiste con Guanabana y Omega-3” product is misbranded within the meaning of section 403(f) of the Act [21 U.S.C. § 343(f)] because the product label contains information in two languages but does not repeat all of the required information in both languages.

What the official notice says to do

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Status and source details

Status recorded in the archive
No closeout listed in FDA table
Source checked
Jul 16, 2026
Record revision
947adb80d457

This is a dated record. Its current status may have changed since the source was captured. A record applies to its stated scope; it is not a safety rating for every product from a company.

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What is affected

Product
Yerbas Finas Leche de Alpiste con Guanabana y Omega-3; Proprietary Blend … 610g; Proprietary Blend; Daily Value not established; guanabana leaf powder; label declares “Proprietary Blend … 610g; all information in the Supplements Facts label
Company
Evimeria El Aztecano, Inc.
Lot / identifier
The source does not specify this field.
Market / distribution
The source does not specify this field.