Hello, I was looking to buy silver and gold dragees online, but when I found the ones that I wanted, I saw a note from the seller saying that they can't sell dragees to California addresses. Why is that???

Also, is there a legal way to purchase dragees? Like for instance, can I purchase it online and have it shipped to another address in another state? And just have the person I know from that address, mail it to me here in California? (I don't know if this is a legal way...I'm just guessing.) I'd appreciate any input our CC members can give me. Thank you and have a nice day!

From what I understand, dragees are illegal for use in CA, so even if you found a way to get them, I believe you would be breaking the law if you used them on cakes. I could be wrong, but that is my understanding. Anyone else?

California isn't the only state:

I got this warning off the Sugarcraft website:

DRAGEES ARE NOT AVAILABLE FOR DISTRIBUTION OR SALE IN THE STATES OF:
CALIFORNIA, TEXAS, COLORADO, NEW JERSEY, ARIZONA, FLORIDA
Please check with your local applicable state agencies to ascertain the regulations pertaining to your specific state before purchasing. If any purchase is made illegally, you may be prosecuted to the full extent of your state laws. We will not ship even though you order these if it is illegal for you to get them.

I live in Mass and haven't seen dragees in many many years here!

ok, here's a stupid question:

why are they illegal?

Colorado?


Hmm.


My cake shops sells silver and gold dragees. Maybe they're just being stealthy.

As for why California doesn't allow them, it's because a few years ago, people got real paranoid about getting metal poisoning from them, as silver and gold don't leave the system. It's generally argued that in small amounts, they won't hurt you, but apparently a lawyer sued someone over it and now everyone is all paranoid about it out there. That's making a long story short, anyway.

The poisoning that results from having large amounts of silver in the system is called ''Argyria'', and symptoms include bluish-gray tinting of the skin, that can't be cured.


ETA: I checked, and GlobalSugarArt only has the warning about not shipping to CA...


If I had no other reason not to move to CA, that would do it.

Here is the article about the california ban. http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/12/23/MNGS03SUEM1.DTL it's actually in several threads in CC. No legal way to use/sell them in CA. Sorry.

HTH

Judi

Thanks you guys for the explanation! I haven't used any dragees in quite a long time, and never here since I've been back. Had no clue.

A lawyer getting all paranoid in Cali and suing?? I'm shocked.

I'm only aware of California having that law...but I'll be sure to check about Texas now!

littlelinda - they are legal in every state but California, I'm fairly sure. It has something to do with the silver coloring. I can buy them in AZ and have them shipped here.

My two local so-cal cake shops as well as some I know further north all sell dragees.

A lot of people have posted about their shops carrying them but you have to ask discreetly and then they act like it's contraband and stuff. Most of them keep them hidden in the back, from what I've read.

But at least Californians will look normal when the rest of us turn blue

I could have sworn I saw some in one of my local shops

No idea, but there is a sign at my local cake shop that says they no longer carry them b/c the FDA (and I forget what the rest of the sign says, but something to do with the FDA). I live in NE.

Danielle

So do you guys think that I can just have it shipped to another state and have my friend from there mail it to me here in CA? Or maybe I shouldn't even try? What do you think?

micay - why not? No one is going to toss you in a cell beause you bent the rules while importing cake decorations.

I'm sure you friend could ship them to you - it's not like they have to disclose the package contents to the shipping company, but you shouldn't sell anything with them on it - could get you in trouble. You could try and make your own. They aren't as shiny but you could take silver dust and roll some small balls of fondant in the dust. I did burgundy ones for the grad cake in my pictures that way.

HTH

Judi

No way. I wouldn't do anything that could get you sued and if that means giving up one little decoration, I would do it. Plus, from the sounds of it, it is actually illegal to even use them, so I wouldn't.

If you want to circumvent the law you could try it. It's a moral issue at this point. Are you going to obey the law or are you going to use something you should not. Would you sell a licensed theme cake? That is against the law too.....copyright laws you know.

Good old California. What will they ban next? I'd say have your friend ship them to you only if you are going to use them for a dummy cake because it is not going to be eaten. If you were planning on using them on a real cake I'd forget about it. Why bother with the hassle.

Quite some time ago there was quite a thread regarding this very same thing about California, I cant do a link but I am sure if you type in gold & silver dragees something will pop up, I can't remember what it was all about, maybe someone else can post a link, I don't know how LOL.

It is not true that you cannot buy dragees in California. IT IS A MYTH! I live in Calif. I've been buying them for years . . . the real ones . . . Long story about the myth. Has to do with an attorney in Santa Rosa and the SF Gate publication. If you have a supplier that refuses to shit out of Calif. he is misimformed. I know of 3 cake supply store that have them.

Fairytale, can you please give me the name of those stores? Do they have a website that I can just buy online? Thank you.

Thank you, Fairytale! And thank you everyone for your input. You all have a great day!

I think you could probably put them on a cake but would have to specify that they are for decoration only, not for consumption. Treat them like a piece of plastic. Non-edible... blah blah blah.

I had a bunch in my stuff when I showed up for a cake class and the instructor was very interested to know where I had gotten them! I brought them with me from NY and Italy... you know, the rebels!

They sell them here in my local cake supply store but all have the non-edible labeling on them. I remember eating more of those than we put on the cookies as a kid making xmas cookies. Hmmmm maybe that splains things. LOL

I ate a bunch of them as a kid, and guess what? I'm not blue yet. What a dumb law.

Someone mentioned earlier that it was a myth about dragees and CA. Ask those who were sued or threatened: Pfeil and Holing, McCormick, Xcell, India Tree, Parrishs, Dean and Deluca, and around 100 others if it was a myth.

If you read the article about that guy a little more carefully, you will see that Fairytale is correct. IT IS NOT ILLEGAL to sell or use dragees in California!! But what happened is, this guy made it his personal mission to prohibit the use of dragees by suing everyone he could find who does so. People stop selling them NOT because it is ILLEGAL (that part is indeed a myth, and is even perpetuated by retailers) but because of the THREAT of a lawsuit. Although it has not been proven that they are literally a toxic substance, he has amassed enough data to take you to court over it, and he knows that you would NOT want to pay the $$$ legal fees to defend yourself, so you settle. At least, that has been what has happened to everyone he has threatened and/or sued. As a result, everyone has assumed they are illegal...which I am sure is just fine by him.

SO in answer to your question: by all means, if you know someone who lives out of state and you can get your hands on those buggers, go for it! Now if you sell your goods, you do have that risk that he or his minions (if he has any) will somehow stumble across you and put the screws to you for selling a product with an inedible, "toxic" metal on them and my understanding is, it will cost you a pretty penny (see below article: minimum $3K). You would just have to weigh the likelihood of him coming across your goods.

But it is not ILLEGAL so you shouldn't have to feel any moral uncertainty about obtaining them.

Here's an LA Times article with lots of great information http://articles.latimes.com/2005/dec/18/magazine/tm-dragee51

thanks ceshell!