Help! My overseas order 'under FDA review'. What are my rights?

[Amused67]

I ordered some accessories from China, and now UPS is saying it's being held for 'FDA Review'.

It was quite a large order, I was trying to stock up for the coming ban. It seems the ban is already here though... My favorite U.S. supplier also had a shipment seized by the FDA.

What are my rights? What will happen to the product?

I would appreciate some insight from people who have been through this, thanks.

 

[Goldenkobold]

you have the right to remain silent and wait for them to figure out it isnt drugs or nuclear bombs and clear it.

 

[Hoosier]

It will probably go through.

You do have the right to have it returned to point of origin or let them destroy it if it does not get passed through.

Welcome to the home of the free and the land of the brave.

 

[Amused67]

Thanks Golden, but I spoke to a UPS person on the phone, their FDA Specialist, and he said the FDA considers e-cigarettes and accessories are 'medical devices'. He wasn't more forthcoming, but I got the impression he didn't think I would get my stuff.

 

[Amused67]

It will probably go through.

You do have the right to have it returned to point of origin or let them destroy it if it does not get passed through.

Welcome to the home of the free and the land of the brave.

How long does that usually take?

Yeah, we're 'free' all right. You know, I used to be liberal, but now I'm waking up. It's all about control, isn't it?

 

[Hoosier]

Labels are just a way to keep the people divided and not notice the camel in the tent.

My label is frightening, so I try to keep it quiet.

The only cases I've read about indicate about a 2 week wait and it usually shows up before you get any information about it.

 

[Amused67]

Labels are just a way to keep the people divided and not notice the camel in the tent.

My label is frightening, so I try to keep it quiet.

The only cases I've read about indicate about a 2 week wait and it usually shows up before you get any information about it.

Lol@Hoosier

My label is transforming toward anarchist... Why can't people, especially people in government, just leave other people alone if they aren't hurting anyone? Vaping has been a GODSEND to me and my family. This is such BULL.....

 

[StormFinch]

Either they will let it pass through which I have heard of, especially when there isn't any juice involved, or they will send you a letter about it. At that point you can call them and request that the package be returned to the supplier. If it's returned, most vendors will either refund your money or reship, depending on their methods and your choice. If you ask that it be reshipped, see if they will split your order up into two smaller packages. It will cost you more shipping, but smaller packages seem to get through customs a little easier.

 

[gital]

I would be far more concerned with them not being properly labeled than the fda not letting them pass. But if they dont have the proper warning labels its the shipper not you thats gonna get nailed. Though the US suppliers better watch themselves aswell because not 1 of my packages has been labeled properly. Tsk Tsk Tsk someones gonna get caught and were talking $10,000 fines per package if they do get caught. Multiply that by 100 packages or so and seeya later ecig shop X. I will decline to post exactly what is being done incorrectly though I will gladly tell any suppliers that ask privately.

 

[Amused67]

I would be far more concerned with them not being properly labeled than the fda not letting them pass. But if they dont have the proper warning labels its the shipper not you thats gonna get nailed. Though the US suppliers better watch themselves aswell because not 1 of my packages has been labeled properly. Tsk Tsk Tsk someones gonna get caught and were talking $10,000 fines per package if they do get caught. Multiply that by 100 packages or so and seeya later ecig shop X. I will decline to post exactly what is being done incorrectly though I will gladly tell any suppliers that ask privately.

What do you mean by labeled? When I've ordered in the past most times they were marked as 'LED Lights' by the shipper. Is this what you mean? So can I be held accountable for what the shipper did?

 

[jynxtheclown]

what ban theres a new ban?

 

[StormFinch]

It's the same ban that's been going on for a year +/- jynx. The FDA considers e-cigs a drug delivery device and pulls every package they happen to notice from customs.

As to what gital is talking about, I imagine it's USPS specific shipping rules.

 

[gital]

Actually there are mandated shipping regulations that do not apply specificly to E-Cigs but do apply generally to some components of ecigs. They do not apply merely to usps but rather are worldwide regulations that the US chooses to adhere to and prosecute for. The reason for talking in circles is purely a matter of not handing out more ammo for the haters but again if any of the forums suppliers wish to PM me I would be happy to provide them all the info that they would need to get in compliance. I just happen to be in a business where I deal with this specific set of regulations on a regular basis.

 

[Willriker]

What do you mean by labeled? When I've ordered in the past most times they were marked as 'LED Lights' by the shipper. Is this what you mean? So can I be held accountable for what the shipper did?

Yeah, thats pretty much what he means. Its not really a secret though, and i dont know why he's being so dodgy about describing what he means. This sort of thing happens all over the place, and is certainly not limited to e-cig.

Sometimes it is described as someting pretty darn similar to what it really is, just phrased in a way to get past customs without putting up a red flag. Other times the packages are just labeled completely incorrectly. For example: they might write vaporizer components or they may write LED Lights, or they could decide to write anything they want on the package. They could call it ketchup.

Is it good, is it bad. Its probably both, but i believe that this regulation leans more to the light side than the dark side of the force.

It boils down to them trying to get something past customs in an underhanded way. And it is fineable. However, the company sending the item would be liable. LOL you arent going to get slapped with a 10,000 USD fine for something someone on the other side of the planet did.

 

[Noctoru]

I have a question... If you guys notice the FDA and customs or whatever are putting a hold on these overseas transactions from China... Why are you buying products from China if you live in the USA? They export enough crap anyways, lol. Buy American!

 

[radicaljd]

I have a question... If you guys notice the FDA and customs or whatever are putting a hold on these overseas transactions from China... Why are you buying products from China if you live in the USA? They export enough crap anyways, lol. Buy American!

Right now, virtually all e-cig components (e.g. atomizers) are manufactured in China. Some mods, etc. are U.S. made, but the atty's are all made in China, as far as I know.

 

[StormFinch]

I have a question... If you guys notice the FDA and customs or whatever are putting a hold on these overseas transactions from China... Why are you buying products from China if you live in the USA? They export enough crap anyways, lol. Buy American!

Noctoru almost all e-cig equipment is manufactured in China. The only ones that aren't are mods, yet the batteries they use are Chinese made, and some stock batteries that one of the suppliers here on the forum is having made in-country. Some suppliers also carry American made juices, though most of the nicotine is sourced overseas. When you purchase from American vendors you are just purchasing from the middle man for the most part. I actually prefer to support them, but because buying in bulk overseas is a little less expensive, some people prefer to go that direction. To each their own.

 

[banjo]

I have two China orders heading my way & I have had no problems with customs (or the FDA) up to this point. Please keep us informed as to the status of your shipment. Thanks! This is why I keep at least a 2 year supply of hardware and juices on hand - expensive, but I don't want to get caught short.

 

[Noctoru]

Ooooh, I was under the impression some people were purchasing directly from China... Whenever I ordered my stuff, they were being shipped from WITHIN the United States due to the vendor already having the product I guess is a better way of putting it.

 

[Willriker]

I am wondering if placing such a large order in one shot is actually a good idea anymore.

I have not placed any, what i would call, large orders because i am keeping things around what use to be my analog budget limit. Perhaps, smaller, more frequent orders is the prudent way to go until the FDA gets their face smashed by the apeals court.