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Totally Wicked Vs Fda


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Totally Wicked in FDA Showdown

Totally Wicked is going to court to demand the release of its electronic cigarettes, currently impounded in the United States. In addition, the Lancashire based company hopes to bar the FDA from exceeding its law making powers, which could threaten the company’s future in America.

The Food and Drug Administration (FDA) is a federal agency established to regulate the release of new foods and heath related products.

It is Totally Wicked’s belief that they are attempting to regulate their electronic cigarettes and accessories as drugs, devices, or drug-device combination products under the federal Food, Drug, and Cosmetics Act.

In October 2010, acting on orders by the FDA, U.S Custom’s officers detained a shipment of electronic cigarettes and accessories being imported into the United States through Miami International Airport by Totally Wicked.

They claimed the products appeared to be “misbranded” and “unapproved new drugs”.

Totally Wicked refute the claims. The company does not, and has never, marketed or advertised its electronic cigarettes for any therapeutic purpose or as a smoking cessation aid.

Instead, Totally Wicked markets, labels, and sells its electronic cigarette products and accessories solely to provide adult consumers with an alternative smoking experience that excludes many of the inconveniences and negative associations surrounding smoking traditional cigarettes.

Totally Wicked is as an ongoing business. Electronic cigarettes are imported from overseas as at present there are no domestic suppliers.

Therefore, 100% of the company’s revenues are obtained from the importation and distribution of electronic cigarettes and accessories and, unless there is a reversal of the FDA’s policy, Totally Wicked will remain unable to import any electronic cigarette products into the United States.

This could put the company’s U.S future in jeopardy as current stocks of electronic cigarettes are already nearly exhausted, and Totally Wicked will be required to close its doors in the immediate future in the event that it is unable to obtain further shipments of electronic cigarettes.

The case continues.Follow The Totally Wicked Blog and Mr_Wicked on Twitter for Updates as they happen.

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I got a twit today from TW at 11:06 AM "Mr. Wicked: This is a general Fda policy stop all Shipments...Just happens to be ours they are stopping...". I flipped because I am waiting for an order I placed Sunday. I called TW and Naomi told me that this has been an ongoing issue and it is not going to effect their shipping. I am so confused as to why they sent this twit! :question:

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