China Law & Nootropics Exportation

[nootropico]

Hi all,

I am writing to you for your help in providing legal clarity with a matter my company is facing.

Myself and my business partners are building an online business selling 'Nootropics'. The substances falling under this term that we will be selling are all 'unscheduled' in the USA (which will be our first main market), but as they fall into a grey area of law we would really appreciate and feel safer operating after hearing some advice.

As far as I am aware, these substances are all legal to purchase, possess and import for personal use. This means they can be imported in a '3 month personal supply' capacity. Not ideal for a business looking to import for sale.

For this reason we are thinking of locating everything in China, as all these products are exported by factories already. Our factory is in Shanghai and we are looking into distribution centers based in China to handle order processing. So far we have a warehouse in the Shanghai FTZ interested in doing this for us.


There are a number of questions we need some clarity on:

1. What is the legality of exporting these substances from China internationally?

2. What are the basic drug laws of China specifically relating to uncontrolled substances?

3. Should we be selling on our site as 'research chemicals not for human consumption' or 'dietary supplements'?

4. If we are not based in the USA do we have to abide by the FDA restriction that disallows us from selling as dietary supplements?

5. Where should we incorporate the company(ies) to ensure legality? We were initially thinking a UK parent company that owns a Hong Kong company.


Apologies for the lengthy inquiry, I thought it best to get everything out on the table.

Any help would be greatly appreciated so thank you in advance!

[AFFA]

Re: China Law & Nootropics Exportation

I wish to inform you that you may send your goods to USA only after they are approved from US FDA. As you have to send to USA thus US FDA will control its sale in USA. Further you may export from China your products. You may require a license regarding export from Chinese authorities. You may incorporate your company in Hong Kong or UK as you may desire but as your production facility is in China and exporting to USA thus mainly laws of China and US may govern. You may have your bank account in China for receiving payment as your production facility and full business operations are from China.

AFF

[nootropico]

Re: China Law & Nootropics Exportation

Thanks for the response.

These goods are not approved by the FDA and as such would be sold as research chemicals not for human consumption. When operating in this capacity we would simply need to state this fact and that the products are not approved by the FDA, at least this is what all the other companies in this space are doing.

So let me clarify: We are based wholly in China (incorporated, warehouse, factory all here) and ship our products internationally. If someone from the USA orders from us we are suddenly bound by US law? Does this apply to every country someone buy sour product from?

Thanks!

[heliosmusic]

Re: China Law & Nootropics Exportation

Oh god, you use them? Are they at least worth it? I read a lot about it and lots of people are loving them but I can't decide

[Unregistered]

Re: China Law & Nootropics Exportation

Hello buddy,how is your nootropics business going on now?Maybe we can share some information,nootropics is still hot with profit ,worth to keep doing.

[kent4499]

Re: China Law & Nootropics Exportation

Frankly I would avoid any substance that may be ingested and is in a "gray" area, as you say.
You are only asking for trouble.