FDA WARNING_LETTER - A.G.S. Wholesalers, Inc. - September 21, 2010

On January 26, 2011, the FDA issued a Warning Letter to A.G.S. Wholesalers, Inc. following an inspection from September 10-21, 2010. The inspection revealed that the company, which repackages acidified, fermented, and acid foods, had significant violations.

The company's repacked cascabella pepper, sliced pepperocini pepper, sliced pickle, and whole pickle products were found to be misbranded under 21 U.S.C. 343 due to labeling deficiencies. Specifically, these products lacked a statement of identity (21 CFR 101.3), failed to list common or usual names of ingredients (21 U.S.C. 343(i)(2)), and did not bear the name and place of business of the manufacturer/packer/distributor or an accurate net quantity of contents (21 U.S.C. 343(e), 21 CFR 101.5, 21 CFR 101.105).

Additionally, cascabella pepper, sliced pickle, and whole pickle products were adulterated under 21 U.S.C. 342(c) because they contained the unsafe color additive FD&C Yellow No.5, which was not declared in the ingredient list as required by 21 CFR 7