The FDA is a wholly-owned subsidiary of Big Pharma, and they are the ones ignoring the law and the courts to try and destroy the e-cig market in the USA. I think Big tobacco is just sitting on the sidelines hoping this all drags out until the Chinese patents expire. Big Tobacco can then jump in and use their lobbying power to push Congress to make it all 100% legal and take over the USA market.
FDA seizing new shipments
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The FDA is a wholly-owned subsidiary of Big Pharma, and they are the ones ignoring the law and the courts to try and destroy the e-cig market in the USA. I think Big tobacco is just sitting on the sidelines hoping this all drags out until the Chinese patents expire. Big Tobacco can then jump in and use their lobbying power to push Congress to make it all 100% legal and take over the USA market.
I'd love to just kick some good ole' common sense into these people. There needs to be an "outcry" by the public for these jerks overstepping their authorities. Our government wants a bunch of sheep who will just do and say as "they dictate (as in dictator).
"Dictator" = noun
1. a person(s) exercising absolute power, esp. a ruler who has absolute, unrestricted control in a government without hereditary succession.
Sound familiar? Anyone recognize any similarities here? In spite of the recent fda ruling, they do as they wish.
I second that Rosco, they have a religous problem, they think they are GOD & rest of us don't.
louis
Not to get too political here, but the republicans have not worked too hard to protect individual rights for decades (remember who wants into your bedroom?). All I am saying is don't target one group, target everyone with letters and appeals. And.... the President smokes, I would think that he would be more interested than most!
Money is what makes the rules. What is needed here is an organized e-cigarette lobbyist. Donations from vapers and e-cig sellers, chinese factories, whatever it takes. Money is what it's all about, not health. The FDA is protecting tobacco and pharmacy interests, we need to buy our way in, run ads on TV, etc. Reality isn't pretty, but it is what it is.
Which reminds me, he has contact information too! He can be contacted here:
Contact the White House | The White House
Well, it appears that my order from Sinrowsun breezed through customs and is now out for delivery by the good 'ol USPS. I'll let ya'll know how it is tomorrow. (Breathes a big sigh of relief) Also, for those of you who are still interested in placing small orders from China, I'll let you know how they labled the package. I'm pretty sure that the three deciding factors in customs seizing a shipment are 1)Size, big palet size orders are more likely to be scrutinized 2)Company of origin, if the name of the company is "China Electronic Cigarette and Illegal Nicotine Exports", I'd say it's a safe bet your package is going to be looked at very closely, and 3) how a package is labled. IF they label it "electronic cigarette" or "nicotine liquid" it's gonna get snagged, on the other hand, if they lable it say "ball bearings", or some other such nonsense.... who knows.
Sounds like you might be 1 of the lucky ones mactrekr. I've read of others not getting anything. It's been over 30 days for you, hasn't it? I wonder how the package is labeled? You just ordered a 510 kit and attys, right?
Ordered a single 510 kit, 70 attys and about 1000ml of ejuice. It was given to EMS in Shenzhen, China on Dec 3rd. So we're looking at 45-ish days. I might be lucky, but if they got the order right, I'll be ordering more, small quantities so I don't lose my shirt.
I have a friend who is a marketer and the company he orders from in China is savvy and always uses labels indicating the contents are generic not relating to E-cigarettes. Large orders are divided up and sent to different addresses so not to put all eggs in the same basket.
It is likely that the FDA reads through this forum. I would not recommend posting how the package was labeled in an open forum. Vapers who need to know this information can PM you.
Ok, I was once told that you can never be "too paranoid". I'll take it under advisement, however, as draconian as this may sound, if the FDA wants to find out how my package was labeled, I'm quite sure they can access our PM's too. So, anyone who really wants to know how my package was labeled, come to SE Arizona, we'll go down into my bunker, and under my "cone of silence" and then I'll tell you!
I'm sure that the FDA can do anthing it darn well pleases, but the question is how much trouble will they go to? Under the Electronic Communications Privacy Act, the FDA would need to go to the trouble of obtaining a warrant for your private communications. We know that someone from the FDA, as well as other anti-nicotine / anti-tobacco zealots read this forum or do data harvesting. They do not need probable cause or a warrant to read open communications such as forums. We have seen information from this forum show up in legal papers filed in the Smoking Everywhere / NJOY v. FDA case.
If the FDA were to step up enforcement and try to capture every shipment to individuals, it might go to the trouble of obtaining warrants. But right now the focus is on larger shipments. The FDA's Import Alert 66-41 contains information on the companies shipping packages of interest (from China) as well as what the U.S. Customs Agent should look for in labeling. Do a search on "electronic cigarette". Import Alert 66-41
Some discussion of the FDA's actions from a legal standpoint is here: FDA Law Blog: FDA Explains the Import Alert Process in Electronic Cigarette Company Suit
TAXES???
I've been beating this drum ever since that damn family tobacco act passed, but here it is once more for nobody to listen to me. Spelled out clear as day.
Who is paying for this regulation? Refer to the bill text in full here:
Read The Bill: H.R. 1256 [111th] - GovTrack.us
Skip to Section 919.. I'll paste it here for your convenience
Wow! So for the first year overseeing tobacco companies, lets have the tobacco companies pay $85mil for it. Then the next year it jumps to $235mil. Quite a pay raise. Then this year $450mil.
I see no conflict of interest there. None at all. FDA is not at all motivated to protect the very people they oversee. There is no vested interest to keep them in business. or atleast enough to meet their payment schedule. Who protects their jobs? You're all crazy. Yep.
Oh yea, those asking about any other vendors getting seized.. +1
out ~$60,000 of product.
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Enigma, the section you quote has not escaped our attention. But there are other sections:
Yes this is an uphill battle. So it would be wise of all the smaller suppliers to stop fighting each other and band together into a strong guild with a loud voice and to share efforts and expenses.
But it is not necessary to panic just yet. As long as the FDA keeps insisting these are a drug, there will be no enforcement of any of the regulations under the Tobacco Act. These regulations, by the way, will take years to be "promulgated." The regulations for the FDCA have been around forever, but the Tobacco Act is new and the FDA doesn't have its "Act" together just yet (pun intended.)
The current product seizures represent an illegal act by the FDA, because the Appeals court has reinstated the Injunction. The FDA has asked the court to issue a stay again until their request for the entire court to rehear the case is granted. However, the Appeals Court has not ruled on it yet. If the Appeals court says that the Injunction remains in place, and the FDA continues product seizures, we can all write to the Appeals court and ask them to jail Margaret Hamburg for "contempt of court" until the FDA ceases and desists from illegal product seizures.
Yes this is an uphill battle. So it would be wise of all the smaller suppliers to stop fighting each other and band together into a strong guild with a loud voice and to share efforts and expenses.
But it is not necessary to panic just yet. As long as the FDA keeps insisting these are a drug, there will be no enforcement of any of the regulations under the Tobacco Act. These regulations, by the way, will take years to be "promulgated." The regulations for the FDCA have been around forever, but the Tobacco Act is new and the FDA doesn't have its "Act" together just yet (pun intended.)
The current product seizures represent an illegal act by the FDA, because the Appeals court has reinstated the Injunction. The FDA has asked the court to issue a stay again until their request for the entire court to rehear the case is granted. However, the Appeals Court has not ruled on it yet. If the Appeals court says that the Injunction remains in place, and the FDA continues product seizures, we can all write to the Appeals court and ask them to jail Margaret Hamburg for "contempt of court" until the FDA ceases and desists from illegal product seizures.
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Just wondering if anyone else got a reply from their emails? I did from Sen. Herb Kohl and was wondering if it was ok to post the reply.
I haven't yet, other than auto-replies, but I just sent emails off yesterday and mailed letters today.
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