FDA Still Holding Shipments of Other Vendors

[JustJulie]

Word "over there" is that while the FDA may be making plans to release SE and Njoy shipments, other vendors are being left in the cold.

http://www.e-cigarette-forum.com/for...round-457.html

In part . . .

I have a shipment doing the FDA Dance. Currently though it is in US Customs in Chicago O’Hare. I called them today to see if it is being released. The US Customs Agent said that it is not being released and that I needed to contact the FDA. No surprise there, since they have been little help this entire time and are retards with a badge and do what they are told.

So, we move forward to calling the FDA in Chicago. I specifically called the Agent that sent me the “Refusal” letter. Agent Dorothy, her last name is very long and I’m so pissed off right now, her first name is shorter.

Anyway, I asked her about my package that is being held. She said it is still being withheld. I asked her when they are releasing it. She said “They are not releasing it”. I informed her that a federal judge ruled that the FDA doesn’t have the right to withhold them because they are not new drugs and are not drug delivery devices. They are “Tobacco like products” and therefore can not be stopped from being imported. She said, “Yes, I am aware of that, however, that only applies to the parties involved in the case. The two companies mentioned in the court order. Those will be released and not withheld. We have been instructed to withhold all electronic cigarettes and E-liquid unless it is for those two companies. If you have shipments or having new shipments coming in they will be withheld and refused from entering the country.”

Much legal advice followed (all offered by non-lawyers, of course), and then an interesting nugget posted by Legal One (who is one of the lawyers involved in the SE v. FDA case):

http://www.e-cigarette-forum.com/for...round-460.html

I can't disclose the costs specifically but understand that a challenge of this magnitude is a 7 figure undertaking. Challenging the United States government with virtually ulimited resources is not cheap. I would encourage you to watch the ECA over the next few weeks and look for possible opportunities to have some level of participation in the process.

Interesting.

[TnA]

Yes. In the Suppliers Private Forum, some suppliers are stating that they are still having problems with Customs seizing their shipments. Apparently, the Customs official is stating that SE and NJoy are no longer being seized due to the injunction by Judge Leone but that injunction does not apply/help any other vendors.

[JustJulie]

Sadly, it's not all that surprising. Yes, the injunction does apply solely to SE and Njoy. Moreover, while the judge made some rather broad pronouncements, his decision was also somewhat fact based. He specifically acknowledged that a manufacturer could make claims in marketing regarding treatment for nicotine addiction or smoking cessation such that classification as a drug-device combination would be appropriate.

If the FDA wants to continue to act badly, all it has to do is assert that shipments from suppliers other than SE and Njoy are drug-device combinations. And they'll get away with that approach until challenged in court.

The judge also specifically refused to take a position on the question of whether the FDA might have a different basis for refusing entry of PVs into the U.S.

The FDA clearly has no intention of rolling over and playing dead.

I'm hopeful that Legal One is correct in suggesting that the ECA may be able to offer some way for other suppliers to participate in the legal process.

[Treece]

*SIGH.*

I hope this isn't indicative of the FDA digging their heels in....

[Captain Spaulding]

I have a small shipment coming in from China, but this worries me for the next bigger shipments. Hate gambling lol.

[Treece]

Another post from ECF today says there have been six shipments seized within the last week. I can't find any definite confirmation of this, but if it's true, it would seem to indicate that the FDA has decided to have a temper tantrum.

[Camnaron]

Originally Posted by Treece

Another post from ECF today says there have been six shipments seized within the last week. I can't find any definite confirmation of this, but if it's true, it would seem to indicate that the FDA has decided to have a temper tantrum.

they really just love to fuck with us dont they... its not like we are killing dogs and punching babies

[Vicks Vap-oh-yeah]

Originally Posted by Camnaron

they really just love to fuck with us dont they... its not like we are killing dogs and punching babies

Maybe we should start???

[TnA]

Originally Posted by Treece

Another post from ECF today says there have been six shipments seized within the last week. I can't find any definite confirmation of this, but if it's true, it would seem to indicate that the FDA has decided to have a temper tantrum.

Where's that being posted Treece? I check the Suppliers Private Forum daily and there hasn't been a lot of posting (out of the ordinary) about customs seizures.

[Camnaron]

Originally Posted by Vicks Vap-oh-yeah

Maybe we should start???