Just choked with Health Canada seizure

[platinum]

I have just had an ecig order from china sized by Health Canada. I am hoping that I may still argue its release .. There was no nicotine in the package and I thought that the actual vaping hardware could be brought into Canada because I have been told that certain stores sell them openly.
Once and for all, could someone who knows tell me if importing electronic cigarettes without nicotine is legal in Canada?
Untill I know the real situation I can`t even know if I have a viable position. thanks in advance

 

[Concat]

The crux of the issue is whether or not Health Canada considers the hardware to be a medical device. It can only be a medical device if it is intended to administer a drug or if it makes health claims (such as "helps you quit smoking"). How this applies to e-cigs is discussed behind closed doors, so no one really knows what HC is up to it seems. Very frustrating and disingenuous of a government agency, imo.

It's my understanding that they are available for sale at retail stores because they are explicitly not sold with nicotine, and make no health claims. They are essentially a "novelty item," if you will.

Anyway, it's more likely the vendor put something like "may contain nicotine" on the package. Even if they put "electronic cigarette" on it you have to understand that customs has to interpret Health Canada's mandate. Whoever inspected your package may be just assuming there's nicotine in there. Moreover, maybe they threw in some sample juice?

Where did you order from?

 

[platinum]

I ordered from China. Thanks for the reply, but really it`s the same confusing stuff I`ve been reading forever here. Trouble is I need some hard facts to go at them with now before they destroy it or send it back to china.
Maybe I should ask ...has anyone experienced the siezure of a hardware shipment and what was the outcome...(please do not reply about shipments with ejuice in them) , we already know ejuice is banned.

 

[Concat]

What website though? It's good to let everyone know which vendors have trouble getting through customs.

I know it's the same drivel repeated to everyone... but it's simply because no one knows. Health Canada doesn't make their documents publicly available, nor do they actually answer questions directly. What we know has been pieced together over the last couple years... lol.

Get them to send it back. You should at least get a refund. From the few stories I've heard, it's all but impossible to get them to reverse a shipment seizure. If you got a letter in the mail, call them and talk to them. Maybe you'll get lucky, and you can at least ask them why it was seized.

 

[Chime]

Yeah it's a lotto, some shipment wins some loose, only way around playing the stupid game is ordering from canadian companies at inflated prices, because to be fair they're taking a much bigger capital risk.

 

[Concat]

I only order from companies that are known to get through customs on the regular. If you just pick a company out of a hat, then yeah, lotto ticket.

 

[lickwid]

Trouble is I need some hard facts

heh ... if you find some, let us all know.

 

[Neon]

Last I heard customs was ordered to stop everything, hardware and juice Im so sick of this crap. I've been worried for 2 years now when I order outside Canada, Im an adult and can make my own decisions. Arrrhhhhhhh!


Neon

 

[kanadiankat]

I have just had an ecig order from china sized by Health Canada. I am hoping that I may still argue its release .. There was no nicotine in the package and I thought that the actual vaping hardware could be brought into Canada because I have been told that certain stores sell them openly.
Once and for all, could someone who knows tell me if importing electronic cigarettes without nicotine is legal in Canada?
Untill I know the real situation I can`t even know if I have a viable position. thanks in advance

Here is what IS known:

1. If you are ordering from China it is assumed that you are ordering wholesale for the purpose of retailing it in Canada - as almost without exception the Chinese companies are wholesalers. So your order goes into the category of "wholesale import".

2. Any claim or wording - anywhere in the order (on a box, in a user manual or even in the name) that could be considered a health claim, puts your order in the category of "medical use" - requiring an approved license.

3. If there is anything in, on or mentioned or assumed or implied in the order that the hardware can be or will be used with nicotine, this puts the order in the category of "unauthorized medical equipment".

So what you need to do is - convince Health Canada (this is whom customs passed your order to for seizure) - that you ordered wholesale for your own personal use and that you do not intend this device to be used with any unauthorized substance.

It may work - it may not. If the order is returned to the shipper you can usually get your money back minus the shipping costs.

 

[mopar]

Sounds like a lot of work

 

[pnguin]

I have a bad feeling that we here in the U.S. are about to get the same Nanny treatment from the Food and Drug Administration (The government will protect you from the bad nicotine, now go work hard and pay your taxes like a good citizen). I hope you all find a way around this and can give us some tips.

 

[Switched]

Here is what IS known:

1. If you are ordering from China it is assumed that you are ordering wholesale for the purpose of retailing it in Canada - as almost without exception the Chinese companies are wholesalers. So your order goes into the category of "wholesale import".

2. Any claim or wording - anywhere in the order (on a box, in a user manual or even in the name) that could be considered a health claim, puts your order in the category of "medical use" - requiring an approved license.

3. If there is anything in, on or mentioned or assumed or implied in the order that the hardware can be or will be used with nicotine, this puts the order in the category of "unauthorized medical equipment".

So what you need to do is - convince Health Canada (this is whom customs passed your order to for seizure) - that you ordered wholesale for your own personal use and that you do not intend this device to be used with any unauthorized substance.

It may work - it may not. If the order is returned to the shipper you can usually get your money back minus the shipping costs.

Yes mam! That is exactly how things are being done at least for the time being.

For the OP...

http://www.e-cigarette-forum.com/forum/canada-forum/234756-customs-health-canada.html

 

[platinum]

Thanks for all the posts, I took a look online and found a company called ciganot who supplies walmarts and london drugs with non nicotine ecigs calling it a smoking cessation aid. I have includer links to the home page and where they sell them in BC.
This bites..... Why do these guys get to import but the rest of us can not ?????. I may not get my shipment but when I find out who I can speak with I`m going to ask some hard questions.

Where to Buy in British Columbia

Ciganot Smokeless Cigarette Information

 

[Chime]

Thanks for all the posts, I took a look online and found a company called ciganot who supplies walmarts and london drugs with non nicotine ecigs calling it a smoking cessation aid. I have includer links to the home page and where they sell them in BC.
This bites..... Why do these guys get to import but the rest of us can not ?????. I may not get my shipment but when I find out who I can speak with I`m going to ask some hard questions.

Where to Buy in British Columbia

Ciganot Smokeless Cigarette Information

Looks like it comes outta a commonwealth country, might make a diff, I myself have had zero problems from uk/eu/us, never tried china tho heard too much hullabaloo to attempt it.

 

[Motivaper]

By the way, the electronic cigarettes being sold in Canada, at least the ones I saw, SmokeNV, are sold in the smoking cessation section, right next to all the other cessation products. I can't think of any product sold in that section that's NOT for quitting? Those Hypocrites!!

 

[Concat]

I think the most important thing you take away from this is that none of it makes any sense and HC does whatever they want.

 

[CityLights]

Thanks for all the posts, I took a look online and found a company called ciganot who supplies walmarts and london drugs with non nicotine ecigs calling it a smoking cessation aid. I have includer links to the home page and where they sell them in BC.
This bites..... Why do these guys get to import but the rest of us can not ?????. I may not get my shipment but when I find out who I can speak with I`m going to ask some hard questions.

Where to Buy in British Columbia

Ciganot Smokeless Cigarette Information

I don't think those are Electronic Cigarettes, just passive flavoured inhaler type of things. No Charger or Battery!

 

[Chime]

I think the most important thing you take away from this is that none of it makes any sense and HC does whatever they want.

Although I've heard clicking your heels twice while whistling dixie with one hand in water helps on Tuesdays.

 

[platinum]

they are disposible so they don`t need a battery charger

 

[kanadiankat]

Thanks for all the posts, I took a look online and found a company called ciganot who supplies walmarts and london drugs with non nicotine ecigs calling it a smoking cessation aid. I have includer links to the home page and where they sell them in BC.
This bites..... Why do these guys get to import but the rest of us can not ?????. I may not get my shipment but when I find out who I can speak with I`m going to ask some hard questions.

Where to Buy in British Columbia

Ciganot Smokeless Cigarette Information

The people who are marketing these have 2 things - an import/export license - and permission to import the items.

That's the difference - and it's the only difference.