Hello moderators,
I am respectfully requesting escalation of an open Policy Compliance review to a policy specialist. I believe our product has been
misclassified and the standard appeal process is not reaching someone with authority to review the classification question on its merits.
A BIT ABOUT US
Kimera Koffee is a small, independent coffee business. We are three people, Alejandro S., Frank P., and I, doing everything from sourcing and roasting to customer service. Amazon represents a meaningful share of our monthly revenue, and the four ASINs currently under review account for approximately $88,000 in monthly sales. If the listings are removed on April 27, it would seriously threaten our ability to make payroll, pay our suppliers, and continue operating. We are now writing this lightly as we have filed every appeal, updated every listing, and uploaded every document requested. We are writing here because we have run out of standard channels and are hoping a policy specialist can review the merits of the classification question.
BACKGROUND
We sell Kimera Koffee organic roasted coffee products (ground coffee bags and single-serve coffee pods) in the Grocery & Gourmet Food category. In late February 2026, four of our ASINs were flagged under "Dietary Supplements: Food and Product Safety Issues":
- B07NT7C47P — Amber Blend (12 oz ground coffee)
- B01N2OBI7I — Dark Roast (12 oz ground coffee)
- B08X3QSGT7 — Original Blend Pods (24 single-serve coffee pods)
- B09QRTRGYT — Power Blend (12 oz ground coffee — removed April 14)
We believe this is a misclassification. These products are conventional foods greater than 95% roasted ground coffee by weight with added functional ingredients representing less than 5% of the formulation. They are sold in standard coffee bags and coffee pods, brewed and consumed as coffee, labeled with Nutrition Facts per 21 CFR § 101.9 (not Supplement Facts under 21 CFR § 101.36), and listed in the Grocery & Gourmet Food category.
Under 21 U.S.C. § 321(ff)(2)(A), a dietary supplement must be in the form of a tablet, capsule, powder, softgel, gelcap, or liquid AND not represented for use as a conventional food. Our products satisfy neither prong.
ACTIONS TAKEN
1. April 20, 2026 — Filed four appeals via Account Health → Product
Policy Compliance citing the FDA statutory and regulatory basis
for reclassification.
2. April 20, 2026 — Opened Seller Support case (ID: 20051926921)
requesting expedited review before the April 27 deadline.
3. April 20, 2026 — Updated all four listings: revised titles,
bullets, and descriptions to remove any structure/function claim
language.
4. April 21, 2026 — In response to reviewer request, uploaded clear
product-label imagery to each ASIN, including the Nutrition Facts
panel (directly verifiable from the listings).
5. April 21, 2026 — Replied to each compliance case with the legal
basis for reclassification and pointed to the uploaded Nutrition
Facts panel as dispositive evidence of food classification.
On April 21 we received a procedural rejection on one ASIN citing missing imagery — we have now provided that imagery, but the underlying classification question has not been reviewed on its merits.
DISPARATE TREATMENT
Multiple competitor listings in the Grocery & Gourmet Food category with comparable compositions (ground roasted coffee with added functional ingredients, including overlapping ingredients with our formulation) are actively sold on Amazon without being subject to dietary supplements compliance review. Examples include ASINs B0B2X85VVM, B0DPXMW1SV, B0C3852X1V, B0F1DRXXKR, B08K2GZ9SQ, and B08TTHJTLL for coffee bags, and B07B5B9S99, B0B2Y3C4VM, B089CHNZKV, and B0883VBNHC for pods. Our products are materially indistinguishable from these listings in composition, form, packaging, and marketing. We are simply asking to be treated the same way our category peers are treated.
REQUEST
I respectfully request that this matter be escalated to a policy specialist who can review the food vs. dietary supplement classification on its merits specifically whether a roasted ground coffee product with food fortification, Nutrition Facts labeling, and Grocery & Gourmet Food category placement qualifies as a conventional food under 21 CFR Part 101 rather than a dietary supplement under 21 CFR § 101.36.
The April 27 deadline on three of these ASINs is approaching. For a business our size, losing these listings on a misclassified flag when our labels, packaging, composition, and category placement all meet the FDA definition of a conventional food. It would be a very difficult outcome to recover from.
We understand you handle many cases, and we appreciate the time it takes to review matters like this. Any guidance, escalation, or pointer to the right team would be sincerely appreciated.
Thank you.
Teodoro
Chief Operating Officer
Kimera Koffee
Case ID: 20051926921
Seller: A7I1YD9O3JS5P
Marketplace: amazon.com (United States)
@Seller_RSwABJNHpHnEZ @Seller_GEZPMc4CeQfh6 @Seller_F4AbbFj6ovBk3
