DETAINED letter from FDA

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miss MiA

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Nov 12, 2009
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thats why i shop only us suppliers now.. wont take the chance any more from overseas suppliers of my stuff getting snagged at customs..

Hi doots, where are or will you be getting your blank cartos now? Bulk I mean; when I've looked at a few US suppliers who had low prices or a good special on them, they tended to only have a few boxes in stock or so. Would appreciate your opinion. :)
 

ChipCurtis

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Nov 4, 2009
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People who import to resell are not suppliers, they are distributors. I know we use the term 'suppliers' around here a lot, but the true suppliers are the Chinese companies that make these things. Just wanted to clear that up.

You can't write a letter to customs complaining that your 600-bottle package of e-liquid got confiscated, and then argue "they are going to force me back to smoking analogs". e-liquid only has a shelf-life of approx 2 years. Both you and they know this package is not for personal use. You are seeking to be a "distributor" -- although they would prefer the much more FDA-friendly term "drug dealer".

I see a lot of "poor little old me" attitudes going on here for people who aren't in this for strictly personal use. I can understand the anger if you're strictly in the position of somebody improving your health and then the FDA wants to take that option away from you. That anger is justified. But I find myself increasingly having little sympathy for all the "gold rush" types on here. Sure, we need US distributors. But not every user on here can be one. So please don't use the "they're trying to ruin my health" argument if you're looking to open a business rather than just vape.

Most small (for personal use) packages are going to get through easy. They're looking to snag the big packages because they don't want to see someone like you make money at Big Tobacco and Big Pharma's expense.
 
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DaDoctor

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Sep 18, 2009
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Email to contact:
Dorothy Standback, Compliance Officer
US food and drug administration
550 West Jackson
Chicago, IL 60661
312-596-4218
312-596-4238 (fax

DOROTHY.STANBACK@FDA.HHS.GOV

She was the contact listed
Thats the same person that was listed as a point of contact on my letter too. Here was her reply to my email:

I can not forward the package without a request from Division of Import Operations and Policy requesting this to occur. Please contact John Verbeten, 301-594-3853 and discuss your package with him.

yeah imho if your not a vendor thats a redonkulus sized order. I think they are more concerned with the juice than the hardware. I suggest buy juice locally.
No sir, obviously not for personal use, I am a distributor

Once they can tax it, it will EASILY pass customs.....

F'ing government... In such a hole, we gotta start taxing everything and everyone
Agreed!

People who import to resell are not suppliers, they are distributors. I know we use the term 'suppliers' around here a lot, but the true suppliers are the Chinese companies that make these things. Just wanted to clear that up.

You can't write a letter to customs complaining that your 600-bottle package of e-liquid got confiscated, and then argue "they are going to force me back to smoking analogs". E-liquid only has a shelf-life of approx 2 years. Both you and they know this package is not for personal use. You are seeking to be a "distributor" -- although they would prefer the much more FDA-friendly term "drug dealer".

I see a lot of "poor little old me" attitudes going on here for people who aren't in this for strictly personal use. I can understand the anger if you're strictly in the position of somebody improving your health and then the FDA wants to take that option away from you. That anger is justified. But I find myself increasingly having little sympathy for all the "gold rush" types on here. Sure, we need US distributors. But not every user on here can be one. So please don't use the "they're trying to ruin my health" argument if you're looking to open a business rather than just vape.

Most small (for personal use) packages are going to get through easy. They're looking to snag the big packages because they don't want to see someone like you make money at Big Tobacco and Big Pharma's expense.

You are right sir, I am distributing these products and i dont think i reflected the attitude you are talking about "poor little old me" in my earlier post. I was just shocked to see them detain the product after the court order as I was unaware of the appeal. Although I did receive the other boxes that had 100's of starter kits and accessories but none of the e-juice.

Anyways, there is no wining against the FDA for a small distributor like myself, I better shut up and wait...
 

dk2

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Jan 20, 2010
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Apparently Dorothy Stanback reports to or takes orders from John Verbeten both their contact info is below feel free to contact them


Dorothy Stanback
Consumer Safety Officer
U.S. Food & Drug Administration
Chicago District Office
550 W. Jackson Blvd.
15th Floor
Chicago, IL 606661-5800
312/596-4218 - phone
312/596-4195 - fax
dorothy.stanback@fda.hhs.gov - e-mail


John Verbeten, FDA Headquarter, is contact responsible for reporting to
301-594-3853 or john.verbeten@fda.hhs.gov.
 
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dk2

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I just sent Mr. Verbeten this email:

Mr. John Verbeten,

Dorthy Stanback has referred me to you for an explanation as to why
her office is still seizing packages containing e- cigarettes and e
liquid on behalf of the FDA, when Judge Richard J. Leon of Federal
District Court in Washington ordered that the FDA does not have the
authority to regulate E-cigarettes as drug products. If you missed the
Judge's ruling no harm, please see to the immediate release of these
products by informing Ms. Stanback and her office that these products
do not and have never fell under the FDA's jurisdiction so that she
can move forward with the release of the items in question.

Your prompt attention in this matter is appreciated,

Derrick Koller
 

kristin

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Please do not send any more emails like this. This email is completely wrong. The only companies that the FDA has been ordered to let shipments through is from Smoking Everywhere and Njoy. The judgement by Judge Leon does not apply to any other companies and the FDA is free, at this point, to stop those shipments as they wish.

Here is an email that I just sent to her:


Dorthy. StanBack,
As you should be well aware the FDA lost it's case when Judge Richard J. Leon of Federal District Court in Washington ordered that the FDA does not have the authority to regulate E-cigarettes as drug products. Why is the FDA continuing to delay the imports of E-cigarettes and E juice into the USA?
 

dk2

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Please do not send any more emails like this. This email is completely wrong. The only companies that the FDA has been ordered to let shipments through is from Smoking Everywhere and Njoy. The judgement by Judge Leon does not apply to any other companies and the FDA is free, at this point, to stop those shipments as they wish.

while the case was brought on by Smoking Everywhere and Njoy any other distributor can walk in and force the same ruling based on the precedent that was set.
 
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dk2

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Changed post completely.

If people don't start standing up for their right to vape pretty soon you'll lose the right, there is a gigantic amount of pressure by the FDA and Big Tobacco to squash vaping. If the FDA comes back and says the ruling doesn't apply to all products then that gives us an insight into their next step and shows us which direction they are headed in.
 
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kristin

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while the case was brought on by Smoking Everywhere and Njoy any other distributor can walk in and force the same ruling based on the precedent that was set.

But until they actually do that, the ruling in Smoking Everywhere vs. the FDA gives no relief to any other companies.

Changed post completely.

If people don't start standing up for their right to vape pretty soon you'll lose the right, there is a gigantic amount of pressure by the FDA and Big Tobacco to squash vaping. If the FDA comes back and says the ruling doesn't apply to all products then that gives us an insight into their next step and shows us which direction they are headed in.

Very true. That is why it's important for people to step up an answer the call when groups like CASAA start a campaign. There are other groups, some suppliers, talking about adding themselves to the suit or starting a new one. People SHOULD get involved and not just hope it goes away by itself.

But it's important that people know where they actually stand legally and it's wrong for people to relax and think that we have "won," when really it's just one step in the process and only applies to those two specific companies.
 

tpatterson

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Feb 25, 2010
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e-SmokeSupply.com
thats why i shop only us suppliers now.. wont take the chance any more from overseas suppliers of my stuff getting snagged at customs..

We have seen a HUGE increase in orders from distributors from here within the US the last couple of months. I think that many others are using the same methodology which you are using now. Talk about a snowball effect 8-o
 

Janetda

Super Member
ECF Veteran
Remember this next Nov. when you have the opportunity to vote for a smaller, less invasive government. We need to cut the FDA budget dramatically, along with most agencies. Dr. G. (nope, I'm a democrat - a fed-up democrat ...pun intended)

Oh please, this crap is totally bipartisan.
 
Hello All I'm new to the E-cig forum. Im sad to say that my shipment of e-juice has gotten seized in Chicago....I'm quite distraught considering the amount of money I spent on the large shipment. I'm wondering is there any chance that customs will send my shipment back to the manufacturer ? If so is there a safer way to re-send it ? Perhaps DHL instead of EMS......or perhaps through a different state.. I NEED TO FIND A LOOPHOLE.
How is it that some U.S. sellers are able to sell e-cigarettes online. Aren't they ordering their products internationally. :evil:
Email me @ rocthafunkybeats@aol.com
 

Vicks Vap-oh-Yeah

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The FDA can hold the product or refuse entry & send it back to the mfg...their choice. Good luck with that.

troll.jpg
 

ChipCurtis

Senior Member
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Nov 4, 2009
293
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How is it that some U.S. sellers are able to sell e-cigarettes online. Aren't they ordering their products internationally.

The reason is that those U.S. distributors have gotten in on the ground floor before the FDA went ballistic on e-cigs. Many of them are now selling off stock that they've accumulated throughout 2009.

This is the 2nd comment I've come across in 5 minutes from a new forum member asking questions about a new e-cig business they're trying to start up and are running into all kinds of legal problems. Unfortunately, that's the nature of the beast here.

There's no excuse for ignorance, you have to do your research first on any new market you want to get in on. Sadly, for the most part, what we are witnessing here is an e-cig gold-rush mentality with start-up distributors popping up left and right and equally closing up shop left and right. Happens with any new business/market (remember the dot.com bubble?)
 
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