Northerner.com will sell in USA but will follow the Pact Act

[Snusdog]

The reason why we have to limit the brand selection is that by the 22nd of June, FDA requirements says that ALL tobacco brands sold in the US should be registered at the FDA - the manufacturer should send an ingredient list and register all their brands. The only manufacturer that have done so are; Swedish Match, Skruf/Imperial, Gotlandssnus, V2 and TillCe. I have contacted both JTI and BAT several times and they told me that they have no intention of register their brands in the US because of possible conflicts with their US organizations. Gellivare never even replied to my request. Gajane might do it but have not given any more information when it will be done.

I will contact a lawyer in Washington and the American Trade Department at the US Embassy in Stockholm on Tuesday in next week and ask them to contact the FDA for a request if we as a Swedish company with a US subsidy have to follow the Pact Act.

We just want to look into the future where we don't break the law, I personal wouldn't be able to sleep otherwise.

Happy Easter folks!

Frank

Well damn Frank this is a whole lot less interesting than the scenario that I created.

Seriously, thank you for setting the record straight and please accept my sincerest apologies for wrongly lambasting you.


Two quick points:

First the FDA is not who you need to talk to about the PACT ACT. The FDA regulations are completely separate from that of PACT. My guess is that you will need to talk to USA Customs. Regardless, the lawyers will know

Second, I am pretty sure that if you simply ask the USA officials whether you have to comply with PACT, they are going to tell you yes (no surprise there)

What I think would be more beneficial to us as your customers would be if you asked WHAT you must do to be in compliance with the Pact Act when selling/shipping from your European location to the USA. I think this will prove most helpful to all concerned and may be very advantageous for you as a seller.

Please fill us in on the results.

Thanks, again Frank

and again my apologies


dog ops:

.

[sandman1911]

Frank;

Thanks for clearing up some of our questions.
Hopefully Gajane will hop on the band wagon, because wherever I can get my precious Lakrits I will follow even if that means taking my chances with Customs.

Doesn't Adrian from Gajane post here sometimes? Maybe someone can get a hold of him and ask him about this. I'll make a topic directed toward Adrian in Industry News and post the link to this topic and see what he says.

[Owens187]

Well damn Frank this is a whole lot less interesting than the scenario that I created.

Seriously, thank you for setting the record straight and please accept my sincerest apologies for wrongly lambasting you.

Me too, Frank. I also apologize. I failed to notice that you had posted as I was writing my response to the dog. Your explanation makes me feel much better!

[Mohave]

Frank,

Thank you for your patience and willingness to communicate with us here. I actually do find that information on the manufacturers' response quite interesting, and in part somewhat reassuring. Thank you for sharing that.

Can you tell us what level of commitment, if any, you have at this time from any of the common carriers such as UPS regarding their ability and willingness to make PACT compliant deliveries? This is the question of greatest concern to me personally, more so than the matter of paying the tax.

Also, can you give any detail on which of the Gotlandssnus and TillCe products are affected?

Thanks in advance.

[Northerner.com]

I hope all brands are registered at FDA by both Gotlands and TillCe - they tell me it's very time consuming and difficult because they will have to contact all their suppliers - citrus flavoring for example - the producers have to send their secret recipy for a special flavor and many are reluctant to do so. Every single molecule have to be specified in the report to FDA before the 22nd of June. That is why Gellivare can't do it I presume, because it's too difficult. JTI and BAT just said no - their US organization does not permit it. BAT as you probably know owns almost half of Reynolds which is behind Camel Snus - and they therefore are simply not allowed to sell their brands in the US. It's a lot of politics within the tobacco industry about whose brand on what market one owns. The globalization and internet makes it harder for them to control.

Thank you very much for the advice, I will contact the US custom right away on Tuesday as well as any other organization that can give a clear answer. But I think we will get the answer at US custom - thanks!

Regarding shipping snus by UPS in the US, everything is clear and the shipping cost considerably low.

Sincerely,
Frank

[justintempler]

...- the producers have to send their secret recipy for a special flavor and many are reluctant to do so. Every single molecule have to be specified in the report to FDA before the 22nd of June....

There is a way to do that without giving away your secret recipe. Swedish Match is real good at it. :twisted:

You take your ingredients and instead of listing something like Bergamot Oil you break it down into its' constituents

bergamot oil constituents: Linalool, Linalyl acetate, nerol, terpineol, pinene, limonene, bisabolene,camphene.
orange oil constituents: linalool, citral, and geraniol...
lemon oil constituents: citral, linalool, linalyl acetate, limonene...

notice all 3 have linalool, orange and lemon share citral....

When you start combining quantities of the constituents of different ingredients without mentioning the main ingredients, you've created one big jigsaw puzzle that's almost impossible to unravel. :lol:

But yes it is a real pain in the a$$ for small companies like Gellivare that don't have full time chemists to create those puzzles.

[tom502]

Yeah, they all have to meet FDA approval, like how clove cigs and flavored cigs were banned. Being allowed in by the FDA would come before customs stuff.

[LaZeR]

I hope all brands are registered at FDA by both Gotlands and TillCe - they tell me it's very time consuming and difficult because they will have to contact all their suppliers - citrus flavoring for example - the producers have to send their secret recipy for a special flavor and many are reluctant to do so. Every single molecule have to be specified in the report to FDA before the 22nd of June. That is why Gellivare can't do it I presume, because it's too difficult. JTI and BAT just said no - their US organization does not permit it. BAT as you probably know owns almost half of Reynolds which is behind Camel Snus - and they therefore are simply not allowed to sell their brands in the US. It's a lot of politics within the tobacco industry about whose brand on what market one owns. The globalization and internet makes it harder for them to control.

Thank you very much for the advice, I will contact the US custom right away on Tuesday as well as any other organization that can give a clear answer. But I think we will get the answer at US custom - thanks!

Regarding shipping snus by UPS in the US, everything is clear and the shipping cost considerably low.

Sincerely,
Frank

Thanks for helping in the fight for us to be able to obtain our snus.

[lxskllr]

But yes it is a real pain in the a$$ for small companies like Gellivare that don't have full time chemists to create those puzzles.

Just lie... It's up to the FDA to prove otherwise, and the worst thing that'll happen is they won't let Gellivare sell their snus here; square 1.

[RobsanX]

Thank you for the explanation Frank. Happy Easter to you too.

[Veganpunk]

Ugh, I hate RJR. JTI makes some of the best snus. Thanks Frank for clearing it up.

[lxskllr]

Ugh, I hate RJR. JTI makes some of the best snus. Thanks Frank for clearing it up.

What the hell's up with JTI? They must be happy with their ~4% share in Sweden. America's a huge potential market, and Swedish Match's advantage is much smaller here than it is in Sweden. A small company could kick some ass if they gave it a shot.

[sheilalynn]

On second glance:

1)I guess it won't be such a bad thing in Ohio, since the tax on smokeless is only 17% of the wholesale price, as stated here: http://www.taxfoundation.org/news/show/1858.html

2)Looking at the same chart......man, it must really, really SUCK to live in Massachusetts. :shock:

That is why so many of us have moved to New Hampshire . live free or die!

Yup, I loves my 603 (NH)...no sales tax, no state income tax, no helmet law, no seatbelt law except for kids under 18, can still talk on your cell in the car (just don't text or else), insurance is cheap, tax on smokeless is only 19% of the wholesale price, consistantly rated as one of the best states to live in...ahhhhh, yes...NH just gets better by the minute. 8)

[Veganpunk]

Ugh, I hate RJR. JTI makes some of the best snus. Thanks Frank for clearing it up.

What the hell's up with JTI? They must be happy with their ~4% share in Sweden. America's a huge potential market, and Swedish Match's advantage is much smaller here than it is in Sweden. A small company could kick some ass if they gave it a shot.

For real. LD has a pretty big following in the U.S. So did Camel and Lucky. I guess I'll start ordering a roll a week until it's gone.

[sheilalynn]

Dude, they tax the ever living crap out of us here with a hell of a lot more than tobacco.

They sure do...my daughter lived there for a year while her hubby went to school and she couldn't wait to get home. It's insane down there for sure. Your smokeless tobacco tax is just plain stupid. 90%, sheesh...no wonder you guys all cross the border and come up here for everything!