Shipments being seized
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I have an M401 kit from absolutelyecigs.com (being shipped EMS/USPS) that's been is San Francisco customs for nearly 48 hours as of now(according to USPS tracking info). Not time to get pissy quite yet. I'll be sure to post back if the tracking status stays this way for more than a week.
The private couriers are notoriously bad at customs brokerage, especially since they factor in their own "for profit" providers. It's a profit center for them, and the only requirements/restrictions they follow are their own.
While I can certainly appreciate the whole matter of controlling imported nicotine substances, (let us not forget that China, along with their tremendous ability to manufacture has been an equally impressive ability to taint), the whole "delivery system" kind of passive objection to the components really chaps my nicotine-infused libertarian ....
Like the rest of the current administration, and certain congressional members (read Pelosi/Frank). That crotchety old ....... Lautenberg just won't be content unless everyone consults him for his approval on everything beginning with how many wipes should be permitted by law after the morning dump; and the whole damn country is going to wind up with either skidmarks or bleeding from their a**es before he's done.
Please don't blame me; I live in NJ and made sure my entire family voted the other way. (As a Chicago-native, I also made sure 4 generations of my ancestors voted against him too)
While I can certainly appreciate the whole matter of controlling imported nicotine substances, (let us not forget that China, along with their tremendous ability to manufacture has been an equally impressive ability to taint), the whole "delivery system" kind of passive objection to the components really chaps my nicotine-infused libertarian ....
Like the rest of the current administration, and certain congressional members (read Pelosi/Frank). That crotchety old ....... Lautenberg just won't be content unless everyone consults him for his approval on everything beginning with how many wipes should be permitted by law after the morning dump; and the whole damn country is going to wind up with either skidmarks or bleeding from their a**es before he's done.
Please don't blame me; I live in NJ and made sure my entire family voted the other way. (As a Chicago-native, I also made sure 4 generations of my ancestors voted against him too)
USPS traking info is usually not up to date.
I received my package at 10:30 this morning.
USPS Tracking shows this:
Detailed Results:
Inbound Out of Customs, May 05, 2009, 2:51 pm
Inbound Into Customs
Inbound International Arrival, May 04, 2009, 10:40 pm, ISC SAN FRANCISCO (USPS)
Foreign International Dispatch, May 03, 2009, 9:26 am, XIAMEN EMS, CHINA PEOPLES REP
Origin Post is Preparing Shipment
Foreign Acceptance, May 02, 2009, 5:00 pm
The FDA has not come out and said that e-cigarettes are illegal. They are simply stopping any shipments they find with the reason that e-cigarettes are a new and unapproved drug. Time will tell whether they will be banned or not. I have heard that one company is currently suing the FDA in court for release of their shipment and we do have the ECA (E-cigarette Association) Electronic Cigarette Association lobbying in Washington on behalf of E-cigarettes.
Thats delivery in 4 days. Really fast!
I think USPS only updates the tracking info once a day and a lot can happen in a day, i guess.
USPS Uses "delivery confirmation" not track and trace. Hence, after an item is scanned (arrive at unit, attempted, delivered, whatever) the information is not recorded until after the data collection device is uploaded, typically at the close of business each day.... (or, the end of a shift)
The one I see a lot on items coming from china is "gift", which cracks me up as that literally could be anything.
But they accept it.....
But they accept it.....
I know that the FDA has given e-cigs good marks but why are the items being seized?
Where did you get that information
Thanks for the clarification.
rookie said:Where did you get that information
My mistake, I meant to say, "I know that the FDA hasn't given e-cigs good marks".
This was in reference to the issues suppliers are facing with customs.
http://www.fda.gov/ora/oasis/3/ora_oasis_i_80.html
so i was just flicking through the FDA customs, where it shows a list of the last 56 shipments that are held in customs. i looked at it yesterday and the day before and the whole page was filled with electronic cigarettes,. from looking at it right now, out of the 56 shipments siezed only ONE is for electric cigarettes/ and the rest are for random things like thermometors and first aid kits etc etc
ps technically there are 3 shipments being seized for electronic cigarettes, but they are all owned by "Hongkong Brother Union Inds.Co.Ltd" so i classed it as one.
the reason they are being seized is because:
Reason: NO 510(K)
Section: 801(a)(3); 502(o) Misbranding
Charge: It appears that a notice or other information
respecting the device was not provided to FDA, as required
by Section 510(k) and the device was not found to be
substantially equivalent to a predicate device.
so basically they might have branded it to be misleading (e.g. healthy product)
anyways long story short, i am not saying this proves anything,
but certainly a huge contrast compared to the last 7 days where the whole page
was just filled with shipments being siezed for electronic cigarettes.
so my next question is, are you suppliers and retailers who
ordered in bulk recieving your shipments that were held?
or are they shipped back to china?
so i was just flicking through the FDA customs, where it shows a list of the last 56 shipments that are held in customs. i looked at it yesterday and the day before and the whole page was filled with electronic cigarettes,. from looking at it right now, out of the 56 shipments siezed only ONE is for electric cigarettes/ and the rest are for random things like thermometors and first aid kits etc etc
ps technically there are 3 shipments being seized for electronic cigarettes, but they are all owned by "Hongkong Brother Union Inds.Co.Ltd" so i classed it as one.
the reason they are being seized is because:
Reason: NO 510(K)
Section: 801(a)(3); 502(o) Misbranding
Charge: It appears that a notice or other information
respecting the device was not provided to FDA, as required
by Section 510(k) and the device was not found to be
substantially equivalent to a predicate device.
so basically they might have branded it to be misleading (e.g. healthy product)
anyways long story short, i am not saying this proves anything,
but certainly a huge contrast compared to the last 7 days where the whole page
was just filled with shipments being siezed for electronic cigarettes.
so my next question is, are you suppliers and retailers who
ordered in bulk recieving your shipments that were held?
or are they shipped back to china?
Moose, I also wounder what happens after confiscation.... I haven't had anything held more than a day or 2 but I haven't had anything come in for a month either. I do have 3 large orders ($10k) on the way and I don't have a good feeling about their arrival but will let you know what happens next week.
Based upon previous experience I've had with items being seized, what happens depends on what is seized and why. If a clear prohibition exists against a particular item (for example pharmaceuticals), they usually send a terse-but-polite letter explaining only that the items were seized with the implication that the recipient should probably know better.
For other items, especially if a customs broker is facilitating clearance, there can be both the opportunity to have the item returned to its point of origin or even appeal the decision based upon providing further information that the item(s) don't conflict with any existing law or policy, with "policy" being the operative word, as that can change from day to day by administrative edict.
Otherwise, if it isn't also evidence that may be used in subsequent criminal proceedings, since anything seized is considered to be contraband, it's warehoused until it can be destroyed as occurs periodically with everything else they've refused.
So if I'm using USPS, not a broker, the possibilities of having it either returned to sender or rerouted are null?
EXHIBIT A:
UPS: Tracking Information
Only 5.5 weeks so far ... I'm guessing, 4 months and 3 days until 1) sent back 2) received ....
bets anyone ???
UPS: Tracking Information
Only 5.5 weeks so far ... I'm guessing, 4 months and 3 days until 1) sent back 2) received ....
bets anyone ???
OMG, that is insane.... Did it really go to Louisville, Anchorage, and then back to Louisville? That just doesn't seem right either. I will put a bet in for 5 months, 2 days.
Did it really go to Louisville, Anchorage, and then back to Louisville? That just doesn't seem right either. I will put a bet in for 5 months, 2 days. 
I think they list it as a gift so they dont have to pay customs on either end.
I have had no problems with my shipments but then they go through EMS and then go through the US Postal Service after they clear custom. I just recieve a new DES901 cig today.
This is insane Cash! Am I reading this correctly? That UPS has turned your items over to customs after they were already in the states? If this is the case, I would certainly never use UPS to move anything! I am keeping my fingers crossed that you will be getting all your items released next week. Hopefully the judge with the SE/FDA lawsuit will order a release of all seized items until further investigation? Good luck!
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