There is no ban on imports. Either something is imported legally or it is not. US Customs regulates imports and exports not the FDA. Is an entirely different issue from anything the FDA does.
That there is a ban, is pretty much just misunderstood, misinterpretated, and misrepresented FDA laws, rules , and regulations. In short misinformation by people who do not actually read in total the laws, rules, and regulations and/or do not comprehend the complicated laws, rules, and regulations. + commonly mix up terminology and different government entities areas of responsibility and authority they don't understand.
This may help--was part of a post by Patrick Murphy who runs the very excellent site:
Laser Pointer Safety - A comprehensive resource, for safe and responsible laser use
"1. There are no federal restrictions on possession of lasers. (There may be some restrictions at the state or local level.)
2. There are currently no federal restrictions on sales of lasers above 5mW, as long as those lasers are not pointers and they have required safety features and paperwork.
3. The only restrictions on laser usage are for medical, demonstration, laser show, surveying, leveling or alignment purposes.
Below are some details explaining FDA regulations, to the best of my research and understanding. If you, FDA, or anyone else feels I am inaccurate, I invite any comments or corrections.
1) At the federal level, there is no law against owning or responsibly using a laser of any type or power -- except for three specific uses: medical, demonstration (which includes laser light shows), and "surveying, leveling or alignment" lasers. Demonstration and SLA lasers are restricted to being below 5 mW unless the user has obtained a "variance" from the FDA regulations.
2) FDA asserts that lasers sold as "pointers" or marketed for pointing purposes are demonstration and/or SLA lasers. This is why pointers must be below 5 mW. (Note that this explains why so many >5 mW handheld lasers on the Internet are not called “pointers” and are not sold for pointing purposes. Depending on your view, the sellers are either exploiting a loophole or are lawfully complying with FDA regulations.)
3) It is the sale or marketing of >5 mW pointers that the FDA asserts is illegal. The person who could be prosecuted is the seller or marketer. It is NOT the buyer or owner. If FDA issues a recall, the buyer or owner is not legally required to return the laser."
4) When FDA takes action to block imports of pointers or handheld lasers, it is for one of two main reasons:
4A) The laser is over 5 mW and is incorrectly labeled as a “pointer” or is incorrectly marketed for pointing purposes.
4B) The laser does not meet federal standards for its classification (e.g., Class 3B or 4) in one or more areas such as safety features, labeling, documentation, etc. Some violations may be truly unsafe, others may be more bureaucratic paperwork-not-done-right mistakes."
See:
http://laserpointerforums.com/f53/fda-proposes-ban-handhelds-5mw-89134.html in particular post #14
