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.
U.S. Customs and Border Protection (CBP) officers in Philadelphia seized 48 shipments of either counterfeit or unapproved e-cigarette pods since June with the 58,538 individual pods worth a combined $500,000 if authentic or if approved for sale.
The U.S. Food and Drug Administration (FDA) regulates the importation of tobacco products imported into the US and all products must comply with the Federal Food, Drug, and Cosmetic Act (FD&C Act) along with the Family Smoking Prevention and Tobacco Control Act.
This past April, in response to the increase rise in teenage tobacco usage, the FDA issued new measures to regulate the unauthorized importation of flavored cartridge e-cigarettes. Besides unauthorized goods, the seized products also included counterfeit of brand names such as Pop, Puff, Eonsmoke, etc.
If you have had your good seized by Customs on behalf of the FDA, contact David Hsu by phone/text at 832-896-6288, or by email at email@example.com.
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.
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 email@example.com.
U.S. Customs and Border Protection (CBP) continues to seize many shipments of counterfeit, unapproved or other COVID-19 products of questionable quality.
At the beginning of June 2020, CBP has seized the following COVID-19 related items:
107,300 FDA-prohibited COVID-19 test kits in 301 incidents; 750,000 counterfeit face masks in 86 incidents; 2,500 EPA-prohibited anti-virus lanyards in 89 incidents; and 11,000 FDA-prohibited chloroquine tablets in 91 incidents.
In addition to the risk of using non-FDA approved drugs, CBP claims the sale of counterfeit COVID-19 goods benefit organized crime.
If you have had your shipment seized by Customs, contact seizure attorney David Hsu by phone/text at anytime to 832-896-6288 or contact us by email at firstname.lastname@example.org.
While coverage of the George Floyd dominates the airwaves, many people are still concerned about COVID-19 as evidenced by the continued importation of COVID-19 treatment drugs from China.
Specifically, earlier this month, U.S. Customs and Border Protection (CBP) officers in Mississippi seized two shipments containing more than 2,000 “Lianhua Qingwen” capsules and “balangen” granules. These two drugs have been touted as treating COVID-19 symptoms.
Customs has seized multiple shipments of these two named drugs and CBP tests reveal the drugs contain sugar and iron. As these drugs do not have FDA approval, they were seized by CBP and will likely be destroyed. The FDA prohibits importation of food, drug, device, tobacco or cosmetic products that are undeclared, misbranded or misnamed. As a rresult, CBP seized the unapproved drugs as they have not been tested and may cause harm or death to US citizens.
Lainhua Qingwen capsules and granules are sold in China and elsewhere in Asia as treating COVID-19 symptoms.
If you have had a Customs seizure, contact David Hsu 24/7 by phone/text to 832-896-6288 or by email at email@example.com,
U.S. Customs and Border Protection (CBP) officers seized 360 pills of medicine marketed to treating COVID-19. The medicine was a violation of U.S. Food and Drug Administration (FDA) rules preventing unauthorized medical treatments that may mislead consumers by making false claims to prevent or treat diseases or may in fact harm the consumer.
The FDA is especially concerned with unauthorized COVID-19 treatments that are marketed towards curing, treating or preventing serious illnesses.
If you have had your good seized by Customs, contact seizure attorney 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 at the O’Hare International Airport international mail facility seized medication from China. The medication made claims it could treat COVID-19, violating FDA laws and therefore seized by CBP. CBP seized a total of 9,600 capsules of “Lianhua Qingwen Jiaonang”. According to various sources online, Lianhua Qingwen Jiaonang is a combination of dozens of herbs in capsule form. According to CBP, the shipment contained an estimated value of $28,797.
If you have had your good seized by Customs, contact customs seizure attorney David Hsu by phone/text at 832-896-6288 or by email at email@example.com.
U.S. Customs and Border Protection (CBP) officers seize shipments of counterfeit personal protective equipment (PPE) and medications to treat the corona virus.
Since late March and the height of the corona virus panemdic, CBP has seized, including but not limited to:
-1,200 “Linhua Qingwen” capsules that are not approved by the FDA for medicine in treatment of COVID-19.
-1,350 counterfeit test kits
-400 counterfeit N95 masks
-2,500 possibly counterfeit medicine such as Hydroxychloroquine Sulfate, Chloroquine, Azithromycin, Lianhua Qingwen and Liushen Jiaonang; and
-67,000 counterfeit ACCU-CHEK test strips.
If you have questions about your shipment seized by Customs and you want a free, no cost or obligation consultation, contact by phone/text David Hsu at anytime: 832-896-6288 or by email at firstname.lastname@example.org.
Counterfeit medication from Turkey; source: CBP.gov
U.S. Customs and Border Protection (CBP) officers in Kentucky seized counterfeit Cialis and Viagra pills in Kentucky. The shipment from Turkey was destined to a city in California and labeled as “throat lozenges and candies”. However, CBP’s experienced officers looked at the totality of the circumstances and determined the route of the shipment and the packaging of the pills were indicative of being counterfeit pills.
Customs warns consumers of the dangers of buying counter medicines – which may have the incorrect or harmful ingredients.
If you have had your shipment seized by Customs, contact customs seizure attorney David Hsu by phone/text at anytime at 832-896-6288 or by email at email@example.com.
Image of seized COVID-19 test kit, source: CBP.gov
U.S. Customs and Border Protection (CBP) officers in New Jersey seized another shipment containing counterfeit COVID-19 test kits. A secondary inspection of the shipment discovered 25 COVID-19 test kits not approved by the U.S. Food and Drug Administration (FDA). This seizure was just 25 out of the 600 COVID test kits seized at the Rochester airport.
All imported test kits are presumed to lack FDA approval as the FDA has only allowed 50 companies to develop and distribute the COVID test kits and the companies that manufactured the seized test kits have not been approved.
My guess for the large number of imports and seizures of the test kits are due to family members overseas sending kits to their family in the US who want to be sure they do not have the virus and pass on to older family members.
If you have had your good seized by customs and want to know what you can do next, contact experienced seizure attorney David Hsu by phone at 832-896-6288 or by email at firstname.lastname@example.org.