Shipments being seized
After checking out the FDA website I have noticed that most of the recent shipments that are being seized by custom seem to a common
I attached the link
OASIS REFUSALS INDUSTRY 66
mostly true...some DHL as well
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Originally Posted by Tone
FDA sample analysis: No
FDA record of private lab sample analysis: No
Unapproved WITHOUT any analysis!!
The key is how shipper is describing the product.
If you look at the shipper's description they either say something about e-cigarettes, nicotine, atomizer's for e-cigs, cartridges for e-cigs. if customs sees anything with those keywords in the description they will hold.
The FDA doesn't need an analysis - the manufacturer's descriptions ("Electronic Cigarette, Nicotine cartridge") are enough for them. Especially once the bill gets through the senate - unless it is amended to allow e-cigs which IMHO is unlikely.
Originally Posted by truckdrivingmouse
Maybe if the manufacturers and suppliers labeled the devices as "aromatic vaporizers" and the juice as "aromatherapy oils" or something we'd have a better chance.
Description wording is important. if the package would be marked electronic batteries which are not illegal then customs cannot detain it unless they have reasonable cause to believe that the package contains something different. If they believe the package contains something different than what is described. Then customs would have to obtain a search warrant from a judge or court to examine the contents of the package.
In the United States we have a law against illegal search and seizure.
If the description contains anything that's known to be banned or illegal that would be cause enough to deny entry into the United States without examining the contents of the package.
If the package contains no trigger words (words like nicotine,e-cigarettes) in the description and there is no reasonable cause to believe different, customs cannot detain the package legally.
And it's really embarrassing if you obtain a search warrant to examine the contents of the package and find out doesn't contain anything illegal. Lose a whole lot of points with the court and judge.
Last edited by gnsmith; 05-06-2009 at 04:04 PM.
I got a package from David Yang yesterday....listed on the box was "gift" but was also sent USPS
Talked to a local supplier yesterday face to face and they mentioned how several small suppliers are either "done or one more seized shipment from out of business." He named a few, which from the state of their inventory it's not too see the effect. I talked about this in another thread, but I'm going to stay with the big suppliers for a while to aviod losing my merch. It also appears that the USPS is "losing" eCig shipments. I think in the DFW area where I'm at, something is going on down at the post office, I know of several different shipments disappearing in transit down here.
United States Mail or usps (EMS) is the only way to order anything. The rest of the carriers don't have as strict laws governing who can inspect a package. Only a US mail postal inspector can check a package after it leaves customs. Since these are not actually illegal I don't know why a postal inspector would bother. I maybe wrong but, I have not heard of a law passes against them.
Right On The Money....
As a USPS employee I can say that you're right on the money. We still deliver cigarettes from other countries everyday, we don't open or inspect (only Postal Inspectors can do that, and theyre pretty busy).....
And, customs usually ignores USPS packages compared to UPS or DHL.
As for the poster who talked about Dallas/Fort Worth area, management in that district is notoriously bad, the packages will turn up, its unusual, but they are especially bad there at the top.....
Originally Posted by taz3cat