As we all know, Jude Leon’s ruling to lift blocks of electronic cigarette shipments was out-ruled by the recent appeal granted to the FDA.
But the big question is:
What prerogatives and boundaries are granted to the FDA in this appeal?
If the FDA was given TOTAL power to block all ecig shipments – then why are eCigs still here?
Mostly because they come through small EMS shipments, BUT – when those shipments get inspected and when US Customs contacts the FDA, sometimes the FDA allows entry to some ecig merchandise. As a supplier, I have had a few shipments inspected by customs – and lo and behold they we’re released.
So is it pure vague – or is there a protocol?
I was considering having my merchandise from China transported by ocean freight because I live only moments away from the Port of New York/Newark. A 20’ container from Shenzhen, China to New York would go for around $2500USD.
At that rate, shipping cost would go for pennies on the kit! Calculating the measurements – an eGo kit would ship for $0.50, and a box of 1,000 atomizers would go for coffee money.
In terms of shipping via ocean freight - are there slightly concrete rights that we have – or does it all come down to catching the FDA on a good mood?
Consider Blu, Smoking Everywhere, NJoy, Vapor Corp ---
JUST HOW, do they get their mass volume merchandise? Through the regular postal mail by EMS?
How does Blu and all the other top players get their hundreds or even thousands of kits and parts in inventory? They must ship via freight (Air or Ocean) and how do they get around the FDA?
BOTTOMLINE
What clause or codes in the recent appeal specifically announce the FDA rights in seizing shipments of electronic cigarettes?
Do the codes simply imply that the FDA can do WHATEVER it feels like?
Can the FDA stop the importation of baby powder because its "could" be considered a drug? Can the FDA block all shipments of harmless Propylene Glycol because its used in antifreeze? Can the the FDA say lets grab some gasoline and burn down the white house?
When it comes to shipping eCigs - HOW FAR CAN THE FDA GO?
And most importantly, what is the general outlook for the proceeding case with NJoy vs FDA? Based on the circumstances and parties involved – what are your predictions, thoughts, suggestions?
In wake of all the VAUGENESS and uncertainty that constitute the largest proportion of all these threads – what is your predicted prognoses? What is your best guess with cited resources?
Is it a game of dice? Or can we find a safe harbor in the circumstances of law?
IF ITS STILL A GAME OF DICE, HOW CAN WE BETTER PLAY THE GAME?
But the big question is:
What prerogatives and boundaries are granted to the FDA in this appeal?
If the FDA was given TOTAL power to block all ecig shipments – then why are eCigs still here?
Mostly because they come through small EMS shipments, BUT – when those shipments get inspected and when US Customs contacts the FDA, sometimes the FDA allows entry to some ecig merchandise. As a supplier, I have had a few shipments inspected by customs – and lo and behold they we’re released.
So is it pure vague – or is there a protocol?
I was considering having my merchandise from China transported by ocean freight because I live only moments away from the Port of New York/Newark. A 20’ container from Shenzhen, China to New York would go for around $2500USD.
At that rate, shipping cost would go for pennies on the kit! Calculating the measurements – an eGo kit would ship for $0.50, and a box of 1,000 atomizers would go for coffee money.
In terms of shipping via ocean freight - are there slightly concrete rights that we have – or does it all come down to catching the FDA on a good mood?
Consider Blu, Smoking Everywhere, NJoy, Vapor Corp ---
JUST HOW, do they get their mass volume merchandise? Through the regular postal mail by EMS?
How does Blu and all the other top players get their hundreds or even thousands of kits and parts in inventory? They must ship via freight (Air or Ocean) and how do they get around the FDA?
BOTTOMLINE
What clause or codes in the recent appeal specifically announce the FDA rights in seizing shipments of electronic cigarettes?
Do the codes simply imply that the FDA can do WHATEVER it feels like?
Can the FDA stop the importation of baby powder because its "could" be considered a drug? Can the FDA block all shipments of harmless Propylene Glycol because its used in antifreeze? Can the the FDA say lets grab some gasoline and burn down the white house?
When it comes to shipping eCigs - HOW FAR CAN THE FDA GO?
And most importantly, what is the general outlook for the proceeding case with NJoy vs FDA? Based on the circumstances and parties involved – what are your predictions, thoughts, suggestions?
In wake of all the VAUGENESS and uncertainty that constitute the largest proportion of all these threads – what is your predicted prognoses? What is your best guess with cited resources?
Is it a game of dice? Or can we find a safe harbor in the circumstances of law?
IF ITS STILL A GAME OF DICE, HOW CAN WE BETTER PLAY THE GAME?
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