The opinions expressed are those of David Hsu and do not necessarily reflect the views of the firm, its partners, or its clients. The information in this blog is for general information purposes only and is not intended to be and should not be taken as legal advice on any subject. No recipient of content from this site, clients or otherwise, should act on the basis of any content in this site without seeking the appropriate legal or professional advice based on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
In late October, U.S. Customs and Border Protection (CBP) officers along with the U.S. Food and Drug Administration (FDA) Office of Criminal Investigation special agents and FDA consumer safety officers seized nearly half a million dollars worth of nearly 26,000 pairs of counterfeit contact lenses. Contact lenses are regulated by the FDA and CBP is the enforcement mechanism.
The CBP media release further highlighted the dangers of purchasing counterfeit goods to the American consumer. If you have had your goods seized on suspicion of being counterfeit, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com
According to a U.S. Customs and Border Protections media release, officers in Indianapolis over 10,000 Juul Pods shipped from Ontario, Canada to New York and New Jersey. The shipments were seized because they were misbranded consumer goods imported by an unauthorized agent.
The Federal Food, Drug, and Cosmetic Act (FD&C Act) governs the importation of e-cigarettes and other tobacco products. However, the basis of this seizure was likely under 19 USC 1499(a)(3)(a) unspecified articles and 19 USC 1595(c)(1) merchandise introduced contrary to law because the packages were labeled as an “electrical apparatus”.
If you have had your goods seized and you received a seizure notice alleging violations of 19 USC 1499 and 19 USC 1595, contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection (CBP) media release – CBP officers in Louisville, Kentucky seized over 618 bottles of Viagra containing about 18,540 pills. The Food and Drug Administration (FDA) seized the pills for being misbranded – a violation of the Federal Food, Drug and Cosmetic Act (FDCA).
Since the pills were being imported, they were likely purchased online and may have been produced abroad and seized by the FDA on the basis the pills were from a non-regulated foreign company and may contain da ngerous compounds, with different ingredients and poor quality control.
I-f you have had your goods seized by Customs, contact seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
According to a U.S. Customs and Border Protection (CBP) media release, CBP officers in Baltimore and Pittsburgh seized shipments of unapproved or counterfeit COVID-19 medications, facemasks and testing kits.
The seizure included more than 58,000 face masks with designs violating trademarks of several designer consumer brands, professional sports teams, car manufacturers and cartoon characters. See below for a sampling of the various designs violating protected marks.
In addition to the facemasks, CBP officers also seized products claiming to be medication for COVID infected persons and more than 130 test kits not on the Emergency Use Authorization (EUA) list. Due to the non-compliance with FDA rules, the goods were seized and deemed inadmissible.
If you have had your good seized by Customs for violating FDA rules, contact seizure attorney David Hsu by phone/text anytime at 832-896-6288 or by email at firstname.lastname@example.org.
According to a U.S. Customs and Border Protection media release – officers seized a shipment of pre-filled syringes containing 200 Sodium Hyaluronate from Seoul, South Korea. Sodium Hyaluronate is used to treat osteoarthritis and seized for violation of the Food, Drug and Cosmetic Act (FDCA) prohibiting the importation of any food, drug, device, tobacco product, or cosmetic that is adulterated or misbranded.
The FDA Office of Criminal Investigation seized the shipment that would be worth $10,666 if authentic. Typical FDA seizures are due to unapproved prescriptions containing manufactured using incorrect or harmful ingredients.
If you have had your shipment seized by Customs for FDA violations, contact seizure attorney David Hsu by email at email@example.com or anytime by phone/text at 832-896-6288.
Since July, U.S. Customs and Border Protection (CBP) Officers in Seattle have seized 8 shipments totaling over 2,400 pills of unauthorized influenza treatments for COVID-19. Working with the FDA, CBP prevents unauthorized medicines that may mislead consumers by falsely claiming to treat or prevent diseases.
If you have had your goods seized by Customs and want to explore your options contact David Hsu by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.
U.S. Customs and Border Protection (CBP) officers in Indianapolis seized multiple shipments of Zolpidem, 10 milligram tablets, a schedule IV controlled substance used as a sedative.
The packages were sent from the United Kingdom and headed to separate addresses in the US. The shipments were arriving from the United Kingdom and were all headed to separate addresses. The shipper hid the Zolpidem in coffee tins.
If you have had your goods seized by Customs and want to explore your options, contact David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
U.S. Customs and Border Protection (CBP) officers in Baltimore seized unapproved COVID-19 medications, facemasks and test kits earlier this month.
The seized goods included 1,200 pills of COVID medicines, including Hydroxycholorquine sulfate, 2,000 pills of various anti-COVID drugs not approved by the FDA, and 100 unapproved test kids. Besides unapproved drugs and test kits, CBP also seized face masks with registered trademarked logos such as Nike, Adidas, Fila and even Manchester City football club.
This most recent seizure is just one of many seizures of test kits, diagnostic kits, respirators and even unapproved face masks.
If your goods have been seized by Customs, contact customs attorney David Hsu at 832-896-6288 or by email at firstname.lastname@example.org.
U.S. Customs and Border Protection (CBP) officers in Cincinnati seized a shipment of approximately 15,750 Xanax pills June 30th. The shipment was from Britain and opened for further examination due to x-ray anomalies as a result of a foil lined box. Upon opening the box, they found 63 bottles marked “Xanax XR 2mg”, if authentic, the Xanax pills would have totaled over $230,000.
As you are aware, Xanax is used for the treatment of anxiety and classified as a Schedule IV controlled substance and cannot be shipped to the US without a prescription from a physician. The shipment was addressed to a residence in Texas.
Author’s notes – usually there’s something to do for a seizure from Customs; however in situations where a schedule 4 controlled substance is shipped to an individual in a box meant to hide the contents from x-ray scanners and mailed without a physician’s prescription – there’s probably not much I can do to assist.
The lesson here is to not even take the risk to try and import drugs, especially controlled substances to the US. CBP may refer your case to Homeland Security Investigations and will likely also issue you a civil penalty.
Have you had your good seized? Contact David Hsu by phone/text at 832-896-6288 or email at email@example.com for a free consultation.
According to a U.S. Customs and Border Protection’s (CBP) media release, CBP officers in Detroit seized more than a half ton of “salmonella-laced Kratom” at the Fort Street Cargo Facility.
Author’s comment: the original headline was “CBP Seizes Half Ton of Salmonella-Laced Kratom“. Not sure why they used the word “laced” in the headline as lacing something is typically used to mean adding an ingredient to bulk up a drug. I am unsure how a kratom exporter can “lace” kratom with salmonella on purpose or if there would be a benefit to doing so. Additionally, the use of the word “lace” to describe kratom may also be an effort to associate kratom as dangerous as other illegal drugs that are frequently laced such as crack, heroin, PCP, etc.
The media release reports 1,200 pounds of contaminated powder (valued according to CBP at $405,000) was selected for further inspection due to an unusual description and classification discrepancies.
CBP said the kratom “which originated from China, were manifested as botanical soils from Canada, though Officers and specialists believed it to be consistent in appearance to bulk green tea”.
Author’s comment: this is the first time I have heard of kratom from China, maybe it was transhipped from Indonesia? CBP did not indicate the “classification discrepancy” or point out what HTSUS code was used to enter the kratom.
CBP took a sample of the power and sent it to the Food and Drug Administration for lab tests – which confirmed the shipment was kratom but also saw it was contaminated with salmonella. As a result, CBP seized the shipment “due to significant risk to public health and safety”.
Author’s comment: CBP does not specify the import alert on kratom as the basis for seizure. I have not seen the seizure notice (it will only be sent to the importer of record), but it was likely seized for not being described as kratom on the shipping documents.
In the last paragraph of the CBP media release, they write:
Kratom is a tropical tree native to Southeast Asia, and its leaves are often ingested in the form of tea. Depending on dosage, Kratom can produce both stimulant and sedative effects. Kratom is not a scheduled substance under the Controlled Substances Act, though the Drug Enforcement Administration currently lists it as a Drug or Chemical of Concern.
It is interesting they do not mention the 2016 import alert regarding kratom. If you have had your shipment of kratom (mitragyna speciosa) seized by CBP, contact David Hsu, 24/7 by phone/text at 832-896-6288 or by email at firstname.lastname@example.org.