FDA Will the FDA regs apply to orders from overseas?

[grandmato5]

Read the title of this thread.

I did

It was your comment that because of this letter you've personally heard about, that you expect all ecig sales would be going through customs that made me think you were now talking about within US transportation for USPS, UPS, Fed-X since their imported shipments already pass through customs inspections.

I would expect it to be protocol for the FDA to notifiy shipping companies about changes of products that are going to now be under the FDA's watchful customs inspection eyes but nothing earthshaking. That's the way the system works in the best of circumstances.

But then, we are talking about the FDA and our electronic cigarettes, aren't we ? Nothing about the best of circumstance to be found.

 

[rwoodin]

• Restricted Merchandise: Many items cannot be imported into the United States unless the importer has the proper permit or license from the appropriate regulatory authority. Some of the most common restricted items include food, plant and dairy products; alcohol and tobacco products; birds, fish or animals and products thereof, goods from embargoed countries, firearms and ammunition, cultural artifacts from certain countries, and copyrighted materials.
  
  Internet Purchases | U.S. Customs and Border Protection
  

 

[rwoodin]

And then there is this, that has not been publicly updated, yet.

CBP INFO Center Home > Find an Answer > Electronic Cigarettes (e-Cigarettes)

 

[rwoodin]

And lastly, there is this.

The U.S. Postal Service (USPS) is prohibited from delivering tobacco products.

 

[grandmato5]

And lastly, there is this.

The U.S. Postal Service (USPS) is prohibited from delivering tobacco products.

The US postal service is prohibited from delivering Cigarettes because of the PACT Act (Prevent All Cigarette Trafficking Act). Because of the very specific definition of cigarettes within the PACT Act that does not define our ecigs, congress would need to amend the Pact Act before our ecigs would be included.

 

[rwoodin]

The US postal service is prohibited from delivering Cigarettes because of the PACT Act (Prevent All Cigarette Trafficking Act). Because of the very specific definition of cigarettes within the PACT Act that does not define our ecigs, congress would need to amend the Pact Act before our ecigs would be included.

Thanks! That is good to know.

 

[Deepjazz]

not really.. new fda changes is that vaping in now tobacco.. basicly all is tobacco, device and liquid.
so vaping devices would fall under smokeless tobacco

 

[grandmato5]

not really.. new fda changes is that vaping in now tobacco.. basicly all is tobacco, device and liquid.
so vaping devices would fall under smokeless tobacco

No, different category.

 

[Endor]

No, different category.

Perhaps you are right, but...

Text of S. 1147 (111th): PACT Act (Passed Congress/Enrolled Bill version) - GovTrack.us

"Smokeless tobacco" is mentioned throughout along with cigarettes, although the FDA doesn't really refer to vapor products this way, instead using the "ENDS" term.

Knowing the way the government works nowadays, I wouldn't be surprised if they tried to apply this law to vapor products.

 

[grandmato5]

Perhaps you are right, but...

Text of S. 1147 (111th): PACT Act (Passed Congress/Enrolled Bill version) - GovTrack.us

"Smokeless tobacco" is mentioned throughout along with cigarettes, although the FDA doesn't really refer to vapor products this way, instead using the "ENDS" term.

Knowing the way the government works nowadays, I wouldn't be surprised if they tried to apply this law to vapor products.

Smokeless tobacco has been a category under FDA control since 2009. The Tobacco Control Act was enacted in 2009. The PACT Act was enacted in 2010. IF the FDA could have put our ecigs into the same category as "smokeless tobacco" they would have long ago been a deemed product, which they weren't because the FDA couldn't. Our ecigs don't fit the legal definition of "smokeless tobacco".

 

[KentA]

Either way, what's scary is that the rules take effect in 4 days & the FDA has not revealed what they consider legal & what is deemed illegal. They seem intent on keeping it all a secrete.

 

[wiredlove]

Either way, what's scary is that the rules take effect in 4 days & the FDA has not revealed what they consider legal & what is deemed illegal. They seem intent on keeping it all a secrete.

Hadn't you heard? They have to make, pass and enact the regs -first- to see what they're going to regulate and stuff.

 

[Endor]

Smokeless tobacco has been a category under FDA control since 2009. The Tobacco Control Act was enacted in 2009. The PACT Act was enacted in 2010. IF the FDA could have put our ecigs into the same category as "smokeless tobacco" they would have long ago been a deemed product, which they weren't because the FDA couldn't. Our ecigs don't fit the legal definition of "smokeless tobacco".

I hadn't thought of it from that angle, and it makes sense... thanks.

 

[skoony]

Perhaps you are right, but...

Text of S. 1147 (111th): PACT Act (Passed Congress/Enrolled Bill version) - GovTrack.us

"Smokeless tobacco" is mentioned throughout along with cigarettes, although the FDA doesn't really refer to vapor products this way, instead using the "ENDS" term.

Knowing the way the government works nowadays, I wouldn't be surprised if they tried to apply this law to vapor products.

@Endor, I agree. If there is any way to interpret any clause in any regulation in
favor of what the FDA deems necessary to accomplish its goals it will be used.

After following the deeming process for almost 3 years if there is one thing
I have learned it is always,always,always use the worst case interpretation
(worst case against vaping) and,you will be correct 99.99999999999% of
the time.

Regards
Mike

 

[TheMike21]

You will now be able to get the latest gear along with your fun blue pills on your next trip to your friendly neighbors down south .

 

[trs-80]

Smoking everywhere and njoy (ncig) sold the "penstyle" in the usa when the fda started the confiscation crap and SE sued. During the suit congress gave tobacco reg over to fda and judge leon agreed with SE and njoy its recreational tobacco not medical devices. So can we see imports for the ruyan 4072 (ncig) and slb dse 801, be112, kanger k108, etc again without confiscation since this is the pre fda model. ok im being a little selfish its still my fav cig a like.

 

[Deepjazz]

Smokeless tobacco has been a category under FDA control since 2009. The Tobacco Control Act was enacted in 2009. The PACT Act was enacted in 2010. IF the FDA could have put our ecigs into the same category as "smokeless tobacco" they would have long ago been a deemed product, which they weren't because the FDA couldn't. Our ecigs don't fit the legal definition of "smokeless tobacco".

it doenst matter when the law was set.. it does apply over all tobacco products.
smok or smokeless.

make a tobacco drink.. it falls under smokeless.

 

[DC2]

it doenst matter when the law was set.. it does apply over all tobacco products.
smok or smokeless.

make a tobacco drink.. it falls under smokeless.

It has long been understood around here that...

The PACT Act definitely does not apply over all tobacco products.
It only applies to the products specifically noted in the Act.

It would have to be amended by Congress to add other types of tobacco products.

If this is incorrect, then a lot of people here have been wrong for many years.
Not saying that isn't possible, but I find it somewhat unlikely.

 

[Panorama911]

Pardon me if this has been asked before...

I expect the new regs will apply to juices from overseas as well.. but do they? Can you still order in juices from outside the US? And what are the ramifications if you're not allowed to?

I assume the best thing to try is make a liquid purchase for a 3.95 10ml bottle from Fasttech. If you get it, you may have your answer!

On the other hand, if you do not, may never know why. At least worth the attempt.

 

[Bill Godshall]

The answer to the question in this thread title is yes.

Please see:
Entry Submission Process

The cigar industry also just discovered this.

Cigar Imports Met With New FDA Filing Requirement
Cigar Imports Met With New FDA Filing Requirement | halfwheel