Is Customs Still Seizing E-cig Shipments?

[Docliv]

Hi All,

Just wondering after denying the re-hearing last month, is the FDA ban directive still being obeyed by customs. Are shipments still being seized? It would seem to me that vendor's customs brokers could show the paperwork on the Federal Court rulings to customs officials and get their shipments released. I am probably overlooking a lot of legal stuff but doesn't a Federal Court ruling override anything the FDA orders Customs to do?

 

[hoogie76]

Yes, they are I think they have several premises to do so under. Misbranding, mislabeling, user manuals having health claims etc... Plus the ruling only applied to SE and njoy shipments supposedly..

 

[Docliv]

Yes, they are I think they have several premises to do so under. Misbranding, mislabeling, user manuals having health claims etc... Plus the ruling only applied to SE and njoy shipments supposedly..

I thought the wording of the decision was inclusive. That the FDA had no right or jurisdiction to inhibit or regulate e-cigarette sales in general. Have I completely misunderstood the case (very possible as I am no lawyer).

It seems to me that there is absolutely no justification for Customs under a discredited (by U.S. Federal Court) FDA directive to seize e-cigarette component shipments that contain no e-juice. That they are still doing this is clear evidence of their disregard of Federal Court rulings and the general public's health and safety.

Of course the FDA still allows deadly tobacco products and ineffective gum, patches and lozenges to be freely marketed along with many pharmaceutical products that have killed many people before being removed from the marketplace. Not a really strong track record for a government body is it? The FDA itself should be "banned" from its interference in the e-cigarette harm reduction industry. Didn't a Federal Appeals Court do just that on December 7th and later on December 24?

Sorry about the rant, but this is really starting to make me mad!

 

[JohnKing]

I thought the wording of the decision was inclusive. That the FDA had no right or jurisdiction to inhibit or regulate e-cigarette sales in general. Have I completely misunderstood the case (very possible as I am no lawyer).

It seems to me that there is absolutely no justification for Customs under a discredited (by U.S. Federal Court) FDA directive to seize e-cigarette component shipments that contain no e-juice. That they are still doing this is clear evidence of their disregard of Federal Court rulings and the general public's health and safety.

Of course the FDA still allows deadly tobacco products and ineffective gum, patches and lozenges to be freely marketed along with many pharmaceutical products that have killed many people before being removed from the marketplace. Not a really strong track record for a government body is it? The FDA itself should be "banned" from its interference in the e-cigarette harm reduction industry. Didn't a Federal Appeals Court do just that on December 7th and later on December 24?

Sorry about the rant, but this is really starting to make me mad!

They are applying every jot and tittle of the law.

An example would be the words "welcome smokers to more healthy way of life" printed somewhere on a box or instruction booklet; this gives them authority to seize the entire container based on "health claims".

Everyone can complain all they want but until you buy your representation you won't have any.

 

[hoogie76]

I thought the wording of the decision was inclusive. That the FDA had no right or jurisdiction to inhibit or regulate e-cigarette sales in general. Have I completely misunderstood the case (very possible as I am no lawyer).

It seems to me that there is absolutely no justification for Customs under a discredited (by U.S. Federal Court) FDA directive to seize e-cigarette component shipments that contain no e-juice. That they are still doing this is clear evidence of their disregard of Federal Court rulings and the general public's health and safety.

Of course the FDA still allows deadly tobacco products and ineffective gum, patches and lozenges to be freely marketed along with many pharmaceutical products that have killed many people before being removed from the marketplace. Not a really strong track record for a government body is it? The FDA itself should be "banned" from its interference in the e-cigarette harm reduction industry. Didn't a Federal Appeals Court do just that on December 7th and later on December 24?

Sorry about the rant, but this is really starting to make me mad!

Couldn't agree more.. My last customs letter had a phone # to call and although the phone was never answered, in one voicemail, I stated something short and sweet about the ruling. A week or two later I got another form letter from Customs stating something along the lines of 'customer comments noted.. US Customs and border protection has not received any directive from the FDA to change the current position'

 

[ECV's]

I realize that the last comment on this thread was in feb., but I still see Customs 'detaining' my shipment. They say they need my EIN number with a stamp FROM the IRS, no copy allowed, and the entire contents listed by me of what's actually in the box of 'essential flavors'. There of course is no way to get them the copy of my EIN, the way they want it, in 3 days.