The short answer

Superfood powders — moringa, matcha, spirulina, baobab, protein blends — can be sold as a conventional food or as a dietary supplement. FDA registration is needed either way, but the label, claims and manufacturing rules are different. Decide first.

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
Food or supplement decisionDecides the label panel, claims and manufacturing rulesYour brand
Prior NoticeFiled with FDA before every shipment arrivesExporter, importer, broker or Orionex
FSVPThe US importer verifies your food safetyFSVP importer (your buyer or Orionex)

Food or dietary supplement?

Conventional foodDietary supplement
Label panelNutrition FactsSupplement Facts
NameCommon name (e.g. “moringa leaf powder”)Must include “dietary supplement”
Typical useAdded to drinks, smoothies, bakingMeasured daily serving, capsules or scoop
ClaimsAuthorized health and nutrient content claims onlyStructure/function claims with disclaimer and FDA notification
New ingredientsMust be safe and lawful for food use (e.g. GRAS)New dietary ingredients may need an NDI notification

By law, a dietary supplement must be labeled as one and must not be represented as a conventional food. FDA's guidance on liquid supplements and beverages shows how labeling, marketing and serving directions are used to tell the two apart — the same thinking helps with powders.

Claims: where most problems start

Contaminants and quality

Example

A moringa producer in India sells two products. The 200 g pouch “Moringa Leaf Powder — add a teaspoon to smoothies” is a food with Nutrition Facts. The 60-capsule bottle is labeled “Moringa — Dietary Supplement” with Supplement Facts and a structure/function claim plus the FDA disclaimer. Both come from a registered facility with a U.S. Agent, and both are tested for lead and Salmonella.

Step by step: getting your superfood powders 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

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Frequently asked questions

Is moringa powder a food or a dietary supplement?

It can be either. The way you label and market it decides: as a food ingredient (for example to add to smoothies) it carries Nutrition Facts; as a dietary supplement it must be labeled as a dietary supplement, carry Supplement Facts and follow supplement rules.

Do both need FDA registration?

Yes. Facilities that make, pack or hold foods or dietary supplements for the US must register with FDA and, if foreign, name a U.S. Agent.

Can I make health claims for superfood powders?

Disease claims are not allowed for either foods or supplements. Supplements may carry structure/function claims with the required disclaimer and an FDA notification. Foods may use authorized health and nutrient content claims only.

Does FDA set limits for heavy metals in powders?

There are no general FDA limits for every powder, but FDA can act against food that contains harmful levels of contaminants. Test for lead and other heavy metals — buyers often ask for results.

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.

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