I bought a violet 5mW from Ebay an it was fairly bright for a 5mW.
Chances are man, that your package just happened to be that 10% that they grabbed out of the bunch to give a closer look to.
I think most of the time they just look over the customs declaration to make sure nothing stated on there is banned or illegal for import, in which case you'll be fine cause the package wont be suspicious and everything should check out, it might get X-Rayed, but the shaped of most lasers resembles what could be a flashlight, even if the box has "Green Laser Pointer" printed on the top, like most of Max's gift boxes, I dont think the x-ray will pick that up, as it really only distinguishes between densities (though I'm not an expert on x-rays in ANY form).
(IS that^^^ actually just one sentance???--lol

)
It's like if you have a tattoo and get an x-ray, your tattoo doesnt show up on the x-ray... Anyway, let us know what happens.
If it DOES happen to get opened and confiscated, according to Max you'll be the first of his US customers to have their shipment seized, because as he once quoted me "90% of our business is with US customers and we have never had an incident", now i don't know if that's the truth, or if there were incidents and they just didn't tell Max or ask him to ship them another laser..
ALSO, I would find out whether the laser gets sent back to the sender once denied entry into the country (if that happens) as I've heard before that people who've sent stuff that was denied entry into the US received their product back, in which case, Max shouldn't have a problem with sending you another laser, or re-sending the original one once it's returned to him.