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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I have received a letter in the mail from Health Canada

Customer Question

Hi there,
I have received a letter in the mail from Health Canada entitled "report of examination for customs entry". It's says, Action taken: seized counterfeit or suspected counterfeit under paragraph 23 (1) (d) of the food and drugs act. The following are the regulations I believe importing this may have broken, A.01.040, C.01A.004, C.01.014, C.01.045. Have I committed any criminal offences? If I submit my consent to the voluntary forfeiture of the products will I be in trouble with the law?
Thanks
Erik
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.

What were you importing?

Customer: replied 1 year ago.
Tadalafil (cialis)
Expert:  Legal Ease replied 1 year ago.

Did you buy this online and so without a prescription?

Is this for your personal use or to sell it?

Customer: replied 1 year ago.
I don't have a prescription and its for personal use
Customer: replied 1 year ago.
What should I do?
Expert:  Legal Ease replied 1 year ago.

It is not at all likely you would be charged.

If this was a counterfeit drug you didn't know that and didn't intend to import that.

You simply wanted to get a drug that you thought was safe and legitimate for your own personal use.

This is not a criminal offence as the substance you were importing is not a controlled substance.

Did they ask for your consent to forfeit the product?

Customer: replied 1 year ago.
there is another form attached to the report of examination for customs entry that is a voluntary forfeiture consent. It also asks to submit the business name and website I purchased it from along with credit card used to purchase it. Should I go thought with this?
Expert:  Legal Ease replied 1 year ago.

I cannot actually provide legal advice.

I can just give you the legal information that I already provided.

If you want actual advice then the law is you need to see a lawyer face to face.

But if you want to be done with this and have no reason to protect the website or business then consider that when coming to your decision.

Customer: replied 1 year ago.
Okay. Thank you very much for your help.
Expert:  Legal Ease replied 1 year ago.

You are very welcome.

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