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My battle so far with customs / Health Canada

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blackHelix

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ECF Veteran
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Feb 22, 2013
277
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Ontario, Canada
Buying NIC (or premix) from China is like painting a large red target on your package. Customs is definitely watching more closely now. It's best to get the flavors and PG/VG and just order the NIC from the states. There are some great vendor's in the US that will ship your nic in a branded VG/PG bottle if you just ask. I know the shipping sucks, but it beats loosing the package to HC.
 

Bosman

Full Member
Mar 3, 2011
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Edmonton, AB
Ladies and gentleman,
I have received reply from Food and Drugs Act Liaison Office on Feb 18. Upon wonderful talk on the phone with a fellow from the office, I was informed an official reply would follow early following week. Now, two week later, I am wondering if it is the time to remind HC of their duty to provide response to my appeal or give them another week?
 

Lilkurty

Senior Member
ECF Veteran
Jan 26, 2013
281
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Canada
This is making me worried, i order 27 bottles of nic juice and 7 eroll kits to ontario canada from health cabin, it has not been shipped yet,stillprocessing

I'm in that boat with ya.
I ordered a bunch of of new nic flavours from My Freedom Smokes currently in Vancouver.

image.jpg
 

Hello World

Super Member
ECF Veteran
Dec 20, 2012
978
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Vancouver
This is making me worried, i order 27 bottles of nic juice and 7 eroll kits to ontario canada from health cabin, it has not been shipped yet,stillprocessing
Just a caution I mentioned before ... instruct them to send hardware and e-liquid separately ... as together they arouse CC attention. It shows up on their scanners so I'm told.

Liquid + Hardware = CC Red Flag.

Buying NIC (or premix) from China is like painting a large red target on your package. Customs is definitely watching more closely now.
Have some nearly fail-safe tips if you want something from China. PM me.
 
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Bosman

Full Member
Mar 3, 2011
38
35
50
Edmonton, AB
I talked with the woman from CBSA whose name was at the bottom of my letter and she said that she is just enforcing what Health Canada is insisting is a product that is dually classified; the starter kit is the medical component and the cartridges because they contain nicotine fall under schedule F that is regulated by the Theraputic Products Directorate. She indicated to me that THD has not classified the e cig as an inhalation device and therefore the exemption does not apply. I am so frustrated over all of this!
I did some reading of the exceptionally interesting material on TPD website and found this definition:
inhalation product:
a drug product (including the delivery device, where applicable) whose intended site of deposition is the respiratory tract. The site of action may be local or systemic.
Source
Following HC's classification of nicotine as a drug, makes an electronic cigarette an effective inhalation product.
HC's definition of a drug:
According to the Food and Drug Act, a drug includes any substance or mixture of substances manufactured, sold or represented for use in:
(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof in man or animal
(b) restoring, correcting or modifying organic functions in man or animal, or
(c) disinfection in premises in which food is manufactured, prepared or kept

Hence, unless I am getting all of this wrong, 4mg exempt still applies.
 

Bosman

Full Member
Mar 3, 2011
38
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Edmonton, AB
Keep it going Bosman i think you got a good case, by the way there is a new store that just open in Montreal on St-Denis street and selling e liquids with or without nicotine and all kinds of e-cig and parts right in downtown Montreal with no problems at all !!!!!
Why is it that all the interesting things, including e-cigs, seem to be happening mostly in Ontario and Quebec? More and more I am considering moving back there (I lived in Mississauga for over a year) *sighs*
 

Bosman

Full Member
Mar 3, 2011
38
35
50
Edmonton, AB
HC is continuing their refusal. This time, their excuse is that liquid nicotine in a bottled form is not exempted from schedule F. It is considered a drug and requires prescription for entry into the county. The liaison office is washing their hands at this point and cannot provide further support. Without a lawyer this will not go further. I would imagine the best course at this time would be a class action against HC to have it resolved once and for all.
 

Esharp

Super Member
ECF Veteran
Nov 7, 2012
353
226
London, Ontario
Hey Bosman - Can you go to your doctor and get him to write you a script. If he/she is reluctant to do that, then tell them OK, then I'll go back to smoking three packs a day. They just might write that script if you tell them that. Once you have a script in hand, show it to HC, they won't have any arguments left, and they should release your order.
 
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