The short answer

Candy, chocolate and gummies face three US-specific issues: which colors are allowed, lead, and whether a gummy is a candy or a dietary supplement.

RequirementWhat it meansWho
FDA food facility registrationEvery facility that makes, packs or holds the food for the US registers with FDA and renews every two years (Oct–Dec of even years)Your facility
U.S. AgentForeign facilities name a U.S. Agent on the registrationYour facility
FDA-compliant labelEnglish label, ingredients, Nutrition Facts, allergens, net quantity, responsible businessYour facility / brand
Colors and leadUS-permitted color additives only; low lead (0.1 ppm guidance for children’s candy)Your facility
Prior NoticeFiled with FDA before every shipment arrivesExporter, importer, broker or Orionex
FSVPThe US importer verifies your food safetyFSVP importer (your buyer or Orionex)

Color additives: check every color

Only color additives permitted by FDA can be used in US food. The biggest change now is FD&C Red No. 3 (erythrosine): its authorization in food — including candy and supplements — ends on January 15, 2027. Read our Red No. 3 guide. Colors permitted in your home market may not be permitted in the US, so check each one, and declare them correctly on the label.

Lead in candy

FDA's guidance recommends that lead in candy likely to be eaten frequently by small children does not exceed 0.1 ppm. FDA has pointed in particular to candies with chili, tamarind or salt, and to powdered snack mixes. Test ingredients such as chili powder and tamarind, and test the finished candy.

⚠️ Lead can also come from wrappers and printing inks. Use food-safe packaging materials.

Candy or dietary supplement?

Candy (conventional food)Dietary supplement gummy
Label panelNutrition FactsSupplement Facts
NameCommon name (e.g. “fruit gummies”)Must say “dietary supplement”
ClaimsFood claims onlyStructure/function claims with the required disclaimer and FDA notification
Manufacturing rulesFood GMPs / preventive controlsDietary supplement GMPs

By law, a dietary supplement must be labeled as a dietary supplement and not be represented as a conventional food. Decide which one your product is before you design the label.

Other label points

Example

A confectionery maker in Türkiye exporting Turkish delight registers with FDA and names a U.S. Agent. It replaces a color not permitted in the US, declares pistachio (a tree nut) and wheat starch where used, and sells its vitamin gummies separately, labeled as dietary supplements with Supplement Facts.

Step by step: getting your confectionery into the US

  1. 1Register your facility with FDAEvery facility that makes, packs or holds the product for the US registers, and renews between October 1 and December 31 of each even-numbered year. Foreign facilities name a U.S. Agent.
  2. 2Make the label US-readyEnglish text, the right name, ingredients, the correct facts panel, allergens, net quantity and the responsible business — plus the product-specific points above.
  3. 3Agree the import roles with your buyerWho is the importer of record, who is the FSVP importer, and which customs broker files the entry. See who does what.
  4. 4Send your food safety documentsYour FSVP importer needs evidence that hazards are controlled — food safety plan, certificates, test results.
  5. 5File Prior Notice for every shipmentFDA must receive it before arrival — at least 8 hours by sea, 4 hours by air or rail, and 2 hours by road.

Checklist

Exporting this product to the US?

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🏢 No U.S. company to act as FSVP importer? Orionex offers an FSVP importer service for food and dietary supplements — from $80 per shipment, with the program and Qualified Individual included.

Frequently asked questions

Is Red No. 3 allowed in candy sold in the US?

Not after January 15, 2027. FDA revoked the authorization for FD&C Red No. 3 in food, including candy and dietary supplements, with that compliance date.

What lead level does FDA recommend for candy?

For candy likely to be eaten frequently by small children, FDA’s guidance recommends lead levels not exceeding 0.1 ppm. FDA has highlighted chili-, tamarind- and salt-based candies and powdered snack mixes as products of concern.

Is a vitamin gummy a candy or a dietary supplement?

It depends on how it is labeled and marketed. A dietary supplement must be labeled as a dietary supplement, carry a Supplement Facts panel and follow supplement rules; a candy carries Nutrition Facts and follows food rules. You cannot mix the two.

Do chocolate makers need anything special?

Chocolate has US standards of identity for names like “milk chocolate”. Products that do not meet the standard need a different name. Milk, soy and tree nuts are common allergens to declare.

Who files Prior Notice for my shipments?

Anyone with the required information can file it — the exporter, the US importer, the customs broker or a consultant such as Orionex. It must reach FDA before the shipment arrives: at least 8 hours by sea, 4 hours by air or rail and 2 hours by road.

Sources

Dates, fees and regulation numbers checked against FDA and Federal Register sources on November 8, 2026. This article is general information, not legal advice.

✅ Get registered: FDA food facility registration + U.S. Agent + Orionex Certificate of Registration from $300 per year ($450 for 2 years). Label review from $250. See food facility registration →