Shipments being seized

Discussion in 'Law and the E-Cigarette' started by Tone, May 6, 2009.

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  1. Tone

    Tone Super Member ECF Veteran

    Joined:
    Feb 17, 2009
    Location:
    LI NY
    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
    Denominator...... UPS

    I attached the link

    OASIS REFUSALS INDUSTRY 66
     
  2. eplanet

    eplanet Unregistered Supplier ECF Veteran

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    Mar 11, 2009
    Location:
    Hicksville, New York, United States
    mostly true...some DHL as well
     
  3. TDM

    TDM Moved On ECF Veteran

    Joined:
    Apr 5, 2009
    Personally what I DO NOT like is another common denominator!
    FDA sample analysis: No
    FDA record of private lab sample analysis: No
    Charge(s): Unapproved

    Unapproved WITHOUT any analysis!!
     
  4. gnsmith

    gnsmith Senior Member ECF Veteran

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    Location:
    Springfield, Ohio
    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. :rolleyes:
     
  5. lotus14

    lotus14 Ultra Member ECF Veteran

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    Location:
    Columbia SC
    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.

    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.
     
  6. gnsmith

    gnsmith Senior Member ECF Veteran

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    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.
     
  7. ShimmyPrincess

    ShimmyPrincess Super Member ECF Veteran

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    Feb 27, 2009
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    The Windy City
    I got a package from David Yang yesterday....listed on the box was "gift" but was also sent USPS
     
  8. Sheamous

    Sheamous Full Member

    Joined:
    May 1, 2009
    Location:
    Arlington TX
    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.
     
  9. taz3cat

    taz3cat Ultra Member ECF Veteran

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    Location:
    Port Arthur, Texas
    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.
     
  10. jesrf

    jesrf Full Member ECF Veteran

    Joined:
    Feb 24, 2009
    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.....

     
  11. gnsmith

    gnsmith Senior Member ECF Veteran

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    Taz you are exactly right.

    Once the package is in the hands of USPS only a US mail postal inspector can check its contents. I have had to obtain many of search warrants so that the US postal Inspector could open the package.
     
  12. Khandurian

    Khandurian Senior Member ECF Veteran

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    Mar 13, 2009
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    Cocoa Beach Florida Baby!
    Check this one out. It was farther down the list...

    Manufacturer FEI: 3003387535
    Manufacturer Name: Lohmann Thereapie-Systeme AG
    Manufacturer address line 1: Lohmann Str. 2
    Manufacturer address line 2:
    Manufacturer City: Andernach
    Manufacturer Province/state:
    Manufacturer Country: Germany
    Product code: 66VDY99
    Importers product description: NICOTIN-WAFER-SAMPLES
    Refusal date: 09-APR-2009
    FDA_District: NYK-DO
    Entry/doc/line/sfx: UPS-4153625-9/1/1/
    Carrier: UNITED PARCEL SERVICE
    Bill of Lading:
    FDA sample analysis: No
    FDA record of private lab sample analysis: No
    Charge(s): UNAPPROVED

    Look at the product description!
     
  13. taz3cat

    taz3cat Ultra Member ECF Veteran

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    Location:
    Port Arthur, Texas
    Wonder what nicotin-wafers are used for? :confused:

    Nicotin cookies maybe? :wub:
     
  14. secretsquirrl

    secretsquirrl Full Member

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    May 6, 2009
    Location:
    New York
    Sorry guys, I'm new here to the forums. In fact, I ordered my first e-cig model yesterday from dietSmokes.com. I randomly found this thread and I'm not sure I follow.

    I know that the FDA has given e-cigs good marks but why are the items being seized? Also are these items going to be replaced if they were somehow seized? To the best of my knowledge US hasn't jumped on the bandwagon to ban them just yet right?
     
  15. walkstheplanes

    walkstheplanes Senior Member ECF Veteran

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    South San Francisco
    If I just order atomizers from overseas, are they under risk of being seized (EMS)?
     
  16. Tone

    Tone Super Member ECF Veteran

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    Location:
    LI NY
    the last time I ordered from China it was shipped EMS it came to me (in NY) via usps and I had no problems at all.
     
  17. gnsmith

    gnsmith Senior Member ECF Veteran

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    Location:
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    Most of the distributors in China are marking the description vaguely on smaller orders. let's just say the description is in the gray area ( Example = electronic parts and other descriptions. Don't want to go into too much detail and give them the heads up on what is being marked) You should have no problem.
     
  18. gnsmith

    gnsmith Senior Member ECF Veteran

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    secretsquirrl, the FDA is trying to stop e-cigs due to the nicotine. They are classified as a unapproved drug and the e-cigarette as a unapproved drug delivery device.:( IMO this is in tromped up technicality until they can find other ways to get control of the product.
    If you read some of the posts and threads you'll find out there is many different opinions on why.
    The most common opinion right now is money. ($$$ the tobacco industry, pharmaceutical industry, and governments position on how they can get a piece of the pie.)this is also my opinion.
     
  19. secretsquirrl

    secretsquirrl Full Member

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    May 6, 2009
    Location:
    New York
    Thanks for the clarification, I was under the impression that since it was unapproved, the status was still under debate and that there was no enforcement of any form of ban or seizure.

    Strange how analogs(albeit expensive as hell) are still available just around the corner of my house at the gas station.

    They better damn well outlaw cheeseburgers before they try to rid the US of nicotine.
     
  20. gnsmith

    gnsmith Senior Member ECF Veteran

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    Location:
    Springfield, Ohio
    The FDA does have the authority to ban any drug that is classified unapproved from entering our country until proper testing and requirements are met to satisfy the FDA's guidelines.
    This could take years.
    Now on the other hand if the Waxman bill is passed the FDA will gain further control. ( this could be bad news:()
    Right now the FDA is using what power they do have to control the product.

    It kind of reminds me of the gangster days, when businesses had to pay for protection. (if you know what I mean)
     
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