Friday, April 19, 2013

HUGE Tax Bill for buying cigarettes online from Chavez inc. (CD2U, Cigarettes Direct 2 You and Cigarettes Direct

The whole CD2U fiasco is the number one reason why you should NEVER buy cigarettes and tobacco online from a U.S run source. A few years ago I received a big tax bill in the mail because CD2U company was shut down and under pressure the ATF got the database and sent out the info to local states so you owed taxes on your previous cigarette purchases. Who would have ever thought that buying cigarettes onlien would cost you money? I now only buy from FOREIGN run cigarettes outside the scope of U.S authorities. I learned my lesson well. I recommend you buy from Directtaxfree.com for all cigarettes and tobacco if you want to be safe because they are not in the U.S and I been a long time customer of them.


Here is what a notice from the FDA said to them before they closed
Public Health Service Food and Drug Administration Center for Tobacco Products 9200 Corporate Boulevard Rockville MD 20850-3229 NOV 03 2009 VIA FEDERALEXPRESS


WARNING LETTER Israel Chavez Owner Chavez, Inc. (aka CD2U, Cigarettes Direct 2 You, and Cigarettes Direct) 6216 Strawberry Lane Louisville, Kentucky 40214 Re: Djarum Red Kretek Clove Cigarettes


Dear Ms. Chavez:

The Food and Drug Administration (FDA) reviewed your websites at the following Internet addresses,http://www.agoodcigarette.com, http://www.bargaincigs.com, http://www.cheapercigsonline.com, http://www.cigsplus.com http://www.premiumcigs.com, and http://www.a1cig.com, on September 23,24, and 25, 2009, respectively and determined that your websites have been offering for sale Djarum Red Kretek Clove Cigarettes to consumers in the United States. Under section 201 (rr) of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Family Smoking Prevention and Tobacco Control Act (FSPTCA), 21 U.S.C. § 321 (rr), these products are tobacco products because they are made or derived from tobacco and intended for human consumption.

According to the information and materials on your websites we reviewed, your products listed above are represented as cigarettes that contain an artificial or natural flavor that is a characterizing flavor of the products and, as such, are adulterated and/or misbranded. Section 907(a)(1)(A) of the FFDCA, 21 U.S.C. § 387g(a)(1)(A), provides, as part of the tobacco product standards, a "special rule for cigarettes" as follows:

[A] cigarette or any of its component parts (including the tobacco, filter, or paper) shall not contain, as a constituent (including a smoke constituent) or additive, an artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee, that is a characterizing flavor of the tobacco product or tobacco smoke.

After the September 22, 2009 effective date for this provision, flavored cigarettes marketed and sold in the United States in violation of this provision are adulterated under section 902(5) of the FFDCA, 21 U.S.C. § 387b(5). Your websites represent that Djarum Red Kretek Clove Cigarettes are cigarettes and contain clove that is a characterizing flavor of the tobacco products.

If Djarum Red Kretek Clove Cigarettes contain clove that is a characterizing flavor of the tobacco products, your Djarum Red Kretek Clove Cigarettes are adulterated under section 902(5) of the FFDCA, 21 U.S.C. § 387b(5), because they are represented as cigarettes and fail to comply with the special rule for cigarettes detailed in section 907(a)(1)(A) of the FFDCA, 21 U.S.C. § 387g(a)(1)(A).If, however, Djarum Red Kretek Clove Cigarettes do not contain a flavor, herb, or spice that is a characterizing flavor of the tobacco products, they are misbranded under section 903(a)(1) of the FFDCA, 21 U.S.C § 387c(a)(1), as their labeling is false and misleading because it makes the representation that the products contain clove that is a characterizing flavor of the tobacco products.

You should immediately correct this violation by ceasing the marketing and sale of your products or taking other appropriate action to bring your products into compliance with the requirements of the FFDCA. Failure to correct this violation may result in regulatory action being initiated by the FDA without further notice. These actions may include, but are not limited to, seizure and injunction.

Please note that adulterated or misbranded tobacco products offered for importation into the United States are subject to detention and refusal of admission.

Please submit a written response to this letter within 15 working days from the date you receive this letter, describing your intent to comply with this request and explaining your plan for discontinuing the marketing and sale, or relabeling, of these tobacco products. Please direct your response to Ann Simoneau, Regulatory Counsel, Center for Tobacco Products, Food and Drug Administration, 9200 Corporate Boulevard, Rockville, Maryland 20850, (240) 276-4017, or send via email to FDAFlavoredCigaretteTaskForce@FDA.HHS.GOV. We remind you that only written communications are considered official.

The violation discussed in this letter does not necessarily constitute an exhaustive list. It is your responsibility to ensure that your tobacco products comply with the applicable provisions of the FFDCA, as amended by the FSPTCA, that are currently in effect.

Sincerely,

/s/

Lawrence R. Dayton, M.S.P.H., M.D.

Director, Center for Tobacco Products


And before you think this can't happen to you, it also happened when esmokes closed down in 2003 and some people are still getting the tax bill in the mail as we speak. If you buy from many of these online cigarette sources really sourced in the U.S you will eventually owe money to your state which could total thousands. Buy from Directtaxfree.comif you want to make absolutely sure you never will get hit by thousands in backowed taxes like I did.

2 comments:

Joseph said...

Yeah I had over a 1000 dollar tax bill ordering a few years back from them. Ill check out your recommendation of directtaxfree.com since I been looking for something completely offshore and you vouch for them.

Anonymous said...

yep... just got a bill for 2,640 dollars from NYS taxation... grrrrr

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