Notice of FDA Action

[honestjud]

Howdy everyone. Any help on this subject I would appreciate.

I ordered 53 bottles of eliquid with nicotine in them from China and my tracking number says that it was turned over to customs as of April 2nd. Just got a letter from the United States Food And Drug Administration Chicago District Office today. Says that 53 bottles of nicotine solution are being detained by the post office at the request of the FDA.

The following products are subject to refusal of admission into the United States under authority of Federal Food Drug adn Cosmetic Act (FD&CA). Public Health Service Act (PHSA), or other related acts in that they appear to violate as indicated below.

The article appears to be a new drug without an approved new drug application. Federal FD&C Act (21 U.S.C. section 331) prohibits the interstate shipment / importation of unapproved new drugs. It appears that the drugs you are importing are unapproved new drugs and/or can be purchased in the U.S. YOUR PACKAGE IS NOT HELD AT THE FDA OFFICE. PLEASE DO NOT VISIT THE FDA OFFICE WITHOUT AN APPOINTMENT.

All products of this kind must meet the requirements of the Federal Food Drug and Cosmetic Act or other laws inforced by the US Food and Drug Administration. These laws are designed to protect you from, among other things, unsafe or misrepresented foods, drugs, biologics, cosmetics, devices and other articles. These products do not appear to comply with the law. "But they will let big tobacco sell billions of cigs without listing the contents, yeah they sure are helping to protect us arent they?"

This Notice does not in any manner accuse you of violating the law.

If you have a good reason to believe that the products compy with the law and wish to discuss it with us you may come personally to this office or write us. "Haha, guess I'll be licking a stamp."

The shipment will be returned to the sender or destroyed. "Niiiiice, there goes 400 bucks."8-o

 

[Shagadelickg]

wow im sorry to hear that the FDA decided to be dicks. Its probly because its such a big shipment. Anyhow i hope everything works out with this and keep it posted. I wanna hear how everything goes.

 

[Joejokin]

Well Jud, what you have written here is very upsetting. Especially considering the triumph we "flatlanders" have just felt today, with the death of a bill that would have made it impossible to conduct business or vape here in Illinois. I also have been waiting with baited breath on a rather large order from China that is being "processed" by U.S. customs in Chicago since 4-4-10. Now I'm expecting to see a letter like the one you've received. I on the other hand have e-cigarettes in my shipment. I have no idea how you would proceed in getting your shipment released to you. I read over Judge Leon's ruling and saw no mention of e-liquid in it, only the e-cigarette's themselves. SmokeyJoe has a link to his ruling in the ECF library. Maybe you can use it to your advantage. I know I will be trying as well. Please keep us posted! And I'll post too when/if I get a letter.

 

[Cxan]

This may become a real problem.

 

[honestjud]

Yupper, thats just like mine but his had some ecigs and they seized those as well. I think this is going to be a HUGE problem. I think they are going to detain ecigs and liquids that are tagged as such. I'll call this b*tch tomarrow and see whats up. Dunno but will keep yawl posted.

Thanks for the post, seems like this might hit very hard all over.

Jud

 

[WhatAClumsyGirl]

So sorry to hear this , Jud. Hopefully this can be resolved with your letter. Wishing you all the best .

 

[unsure]

Thats just plain wrong.

So sorry Jud. This should be a reminder to all given the opportunity to sign a petition or write a government official concerning any countries electronic cig legislation to do so. We should'nt have to rely on China or anyother country to buy our ecig supplies!!

 

[PlanetScribbles]

I think it is an absolute disgrace that the FDA can completely ignore a FEDERAL court ruling. It says a lot when a federal court ruling means zilch IRL.

 

[Esmoking-NY]

the fda sucks

 

[Jayhawks]

Yupper, thats just like mine but his had some ecigs and they seized those as well. I think this is going to be a HUGE problem. I think they are going to detain ecigs and liquids that are tagged as such. I'll call this b*tch tomarrow and see whats up. Dunno but will keep yawl posted.

Thanks for the post, seems like this might hit very hard all over.

Jud

Jud,
It will do no good to call her and most likely get you and your supplier RED FLAGGED for sure.. Its best to chalk it up as lost and hope they send it back to china for ya... Since your in Shocker Town, your port of entry will 99% of the time will be Chicago.. There are several of us suppliers located in the midwest that have lost tens of thousands of dollars of product in Chicago.. I have noticed that it used to be the bigger shipments that would get caught, but it has now started to be any since orders. It is like playing Russian roulette with Chicago..

As far as Judge leons ruling.... His ruling pertains to SE and Njoy only as I understand it.

I feel your pain on your loss

 

[PlanetScribbles]

As far as Judge leons ruling.... His ruling pertains to SE and Njoy only as I understand it.

That's true, but it's all just wordplay. We all know Judge Leon's ruling pertained to all said plaintiffs, and what the ruling meant, as do the FDA. It just happened that SE and NJ were the only two named plaintiffs. They are just being obnoxious and deliberately evasive by reading it word for word.
Are SE and NJ e-cigs any different in their functionality to any other e-cig on the market? A: No.

 

[mwa102464]

Doesn't it make everyone wonder how bigger e-cig companies like vapor4life is importing huge amounts of e-cig goods into the state and not getting there shipments seized???
Doesn’t it make one wonder that you can buy ......, pain killers and pretty much any drug over the internet and get it in this country and delivered to your home and the FDA doesn’t seize this stuff,???? I mean WTF is going on here, you know what is going on here I would bet anything that the big tobacco companies that have billions and pay lobbyist and Gov't officials off have someone on the inside at the FDA that they are paying, it's not the woman listed on the letter of course she is doing what she is being told by her Boss, however someone is on the take and it should be investigated since this is not a banned product and Judge Leons ruling is the Law as of now, bet your ...'s that some way they will get to him or get another judge to take over the case and change his ruling, wouldnt you love to have all these judges followed daily, have there bank accounts public information and all govt officials bank accounts on public record and make that a law,Judge Leon's ruling, no matter if it is only with two of the e-cig companies doesn't matter it pertains to the law. Our Gov't and the FDA are getting way to corrupt anyone and everyone with power is on the take all the way down to the small court judge's in this country. We as the people need to take a stand it's the only way to get our Gov't back and someone needs to start the stand, just imagine what a revolt would happen, millions of people would back this I believe, not just on e-cigs also, from a healthcare bill that no one wanted all the way down to our local officials that get voted in office, it's really getting embarrassing. Just my opinion and feelings

 

[motorcity57]

sorry to hear about your loss. ooops , not loss yet. for that amount of money be sure they send it back. most of the China suppliers deall with this all the time. they will try to resend sometimes and some will even refund.
i started my vape with China supply, but i could not deal with the stress, lol. i now try to buy American made juice & supplies. but mostly i do this for the same reason i only buy American car. and yes i know most of my American car is not made in America.

 

[jaybird]

Sorry to here they got you ..I lost 300$. This is getting of hand.

 

[Joejokin]

I'm sure I'll be getting a letter now. All this is making me sick. I'll post when I get mine. I live here in Chicagoland and am a brand new supplier waiting for my shipment before I go online. I guess I have a much longer wait than I expected. If anyone has any advice that would be great. There has to be something we can do. Yes it was just just Njoy and SE mentioned, but like mwa says it pertains to the e-cigs not just those companies. I'm sure they have no intention of returning to sender, but to destroy everything.

 

[AngeLsLuv]

Doesn't it make everyone wonder how bigger e-cig companies like vapor4life is importing huge amounts of e-cig goods into the state and not getting there shipments seized???
Doesn’t it make one wonder that you can buy ......, pain killers and pretty much any drug over the internet and get it in this country and delivered to your home and the FDA doesn’t seize this stuff,???? I mean WTF is going on here, you know what is going on here I would bet anything that the big tobacco companies that have billions and pay lobbyist and Gov't officials off have someone on the inside at the FDA that they are paying, it's not the woman listed on the letter of course she is doing what she is being told by her Boss, however someone is on the take and it should be investigated since this is not a banned product and Judge Leons ruling is the Law as of now, bet your ...'s that some way they will get to him or get another judge to take over the case and change his ruling, wouldnt you love to have all these judges followed daily, have there bank accounts public information and all govt officials bank accounts on public record and make that a law,Judge Leon's ruling, no matter if it is only with two of the e-cig companies doesn't matter it pertains to the law. Our Gov't and the FDA are getting way to corrupt anyone and everyone with power is on the take all the way down to the small court judge's in this country. We as the people need to take a stand it's the only way to get our Gov't back and someone needs to start the stand, just imagine what a revolt would happen, millions of people would back this I believe, not just on e-cigs also, from a healthcare bill that no one wanted all the way down to our local officials that get voted in office, it's really getting embarrassing. Just my opinion and feelings

We need Michael Moore to do a film about all of this..

 

[kristin]

That's true, but it's all just wordplay. We all know Judge Leon's ruling pertained to all said plaintiffs, and what the ruling meant, as do the FDA. It just happened that SE and NJ were the only two named plaintiffs. They are just being obnoxious and deliberately evasive by reading it word for word.
Are SE and NJ e-cigs any different in their functionality to any other e-cig on the market? A: No.

The FDA appealed the judge's injunction and the appeals court is allowing the FDA to continue seizures.

Regardless, the judge may have given the OPINION that e-cigs in general cannot be treated as drug devices by the FDA, but he only RULED on the injunction and did not state that the FDA had no right to stop imports of ALL ecigs, just SE & Njoy. So, legally, those are the only companies who would get relief. Any other companies would have to sue, as well, but they could use the case as precedence.

Until a court RULES that the FDA has no right to regulate ecigs as drug devices or seize imports, they can continue doing so.

 

[natura]

Maybe its' time to take a lesson from a good old Boston Tea Party...down at the port of authority??

Also-Start with all of signing an online partition against the head of the FDA for not follow supreme court rulings asking that he be removed from office The FDA knows those two companies can not be touched but now are going after private people too?

A lawsuit against not the fda but again the head of fda for all our losses.

Kristin they are seizing property of items that are in fact not known as medical; therefore, destroying our personal property would seem VERY UNJEST since many of us do not use it for medical reasons!

IS A .... MEDICAL??

 

[kristin]

I didn't say I thought it was fair for them to do it, only that they legally can.

The FDA has declared electronic cigarettes and eliquid to be unapproved drug delivery systems intended for smoking cessation. Until a court of law rules otherwise, they can keep doing what they are doing.

 

[honestjud]

I'm with ya mwa102464.

MotorCity57, I would take a valium but those were seized by the FDA as well

Jaybird, when did yours get seized???

Same here JoeJokin Maybe I'll move to South Africa and try my luck there.

Natura, YES I'm 100% sure that a .... is medical.

To think that I'm not going to call them tomarrow because I might get red flagged or whatever is just plain crazy. Thats why we have all these problems to begin with in this country. People are so chicken when it comes to standing up for themselves and for whats right in fear of being red flagged by our system.

I smoked a pack a day for the past 20 years, tried everything to quit, and have been smoke free for over six months now. I lost my mortgage company last October while the big guys with big lobbyist got billions and I got to shut my doors on my office building and the door on my American dream. Lost my house on the golf course to boot. Quiting smoking has been one of the few good things thats been happening in my little world and to have it threatend by another power hungry selfish bureaucrat,,, well that just pisses me off. Lets just keep selling the bad cigs that have been proven to kill hundreds of thousands of people and squash the ecigs that haven't killed a sole yet and are giving hope to us people that have been mind ****** by big tobacco and still might die from their profiteering and our governments inabilty to protect us in the past. I remember as a kid all those big tobacco heads in congress sitting at that big table on national tv saying that cigarettes are not harmfull and do not cause cancer.

Read Judge Leons remarks. You can tell by his language that this pisses him off as well.

I forgot who said it but it has stuck with me through the years. "Government is there to protect the government not the people." I would modify it a little bit and say "Government is there to protect the government and anyone that has the money to hire a big time lobbyist,,, common hard working peope need not apply for refuge."

LOL I'll shut up now. Thanks for letting me rant!!!

Respectfully:
Jud