our-blog, Startup

The Prescriptions for Selling Vapes Online

The legal prescriptions for selling vapes online aren’t as simple as some extra checkout buttons for your customer to press. Because vapes (or electronic nicotine delivery systems, “ENDS”) are regulated under U.S. law, online retailers must follow strict compliance steps — and consumers must meet certain legal requirements.

Under the federal Tobacco 21 (T21) law, it is illegal to sell any tobacco product — including e-cigarettes and nicotine-containing vapes — to anyone under 21 years old. Retailers must verify age using a government-issued photo ID. The FDA requires retailers to check photo IDs for anyone under 30 who attempts to buy regulated products, as of September 30, 2024.

Identity Verification

Since T21, vape stores have created methods to ensure customers are over 21. However, online vape stores must go beyond a simple “I am over 21” checkbox. The legal prescriptions for selling vapes online include federal laws. Businesses often use third-party age verification services in order to ensure compliance. These services compare customer information (name, date of birth, address) with public or private databases before completing a sale.

After verifying, retailers also need to keep records of every transaction’s age check and ID verification. These logs may be subject to inspection by regulators. All in all, it is possible to sell vapes online; however, this business comes with many regulations to note.

Selling Vapes Online: Delivery Requirements

Selling vapes legally online requires compliance with the PACT Act. Online vape sellers are required to ensure that a 21+ adult signature is obtained upon delivery. The person receiving the package typically has to show a valid ID at delivery time. Because of these requirements, many vape retailers use specialized shipping services that are compliant with the PACT Act.

Blue line-art illustration of three vape devices displayed on a computer monitor, representing online vape product listings.
Sellers need to consider many laws and regulations from the T21 to the PACT Act and more.

Product Authorization

Not all vape products are equal in the eyes of regulators. The FDA oversees the sale, manufacturing, labeling, and importation of ENDS products. The FDA must authorize products through pre-market review before companies can legally sell them. Retailers who mix or modify e-liquids (e.g., custom flavors) may fall under FDA manufacturing rules, which impose additional regulatory burdens.

Additionally, online vape stores selling across multiple states must consider various state regulations in order to ensure order compliance. Common state regulations include excise taxes and e-juice flavor bans. For example, since Massachusetts has a complete flavor ban, online vape retailers can’t ship strawberry-flavored vapes to customers in this state.

Vape Business Responsibilities

As a vape business selling online, it is important to ensure that your website includes functions that ensure regulatory compliance, like age verification checks and PACT Act delivery compliance. FutureEcom provides a platform that uses AI to confirm age verification. PACT Act compliance, order compliance, and more. Learn more on our website.

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Development, our-blog

Vape Market Goes Digital: Inside the E-Commerce Boom

Over the past several years, the vape market has rapidly shifted from street-corner to convenience-store sales to online direct-to-consumer channels. Brands and small retailers are increasingly using e-commerce platforms, subscription models, and digital marketing to reach shoppers. Due to competitive pricing, convenience, and a greater selection of goods, consumers are moving online for their vape products and E-cigarette purchases. 18.6% of U.S. respondents in 2023 shared that they purchase E-Cigarettes online or via the “internet.”

Certainly, Vape e-commerce sales are not just beneficial for the customers. E-commerce offers scale, lower overhead and the ability to operate direct-to-consumer (D2C) models like subscription boxes, product bundles, and targeted promotions. Consequently, this increases lifetime value and margin control. The drivers for this move online are connected to General online retail growth. Platforms such as website platforms, payment processors, and subscription tools make building and scaling an online vape business faster and cheaper than opening a physical outlet.

Illustration of vape devices above a laptop screen representing online vape sales and e-commerce growth.
Vape market moves online — digital platforms are now key for vape sales and brand growth.

Explaining the Trend

Regulatory pressure and enforcement are driving this move online. The U.S. Food and Drug Administration and state authorities — have tightened rules around youth access, and flavors. The federal Tobacco-21 (T21) Law raised the minimum age requirement for tobacco purchases. Heightened ID/verification expectations mean online sellers must invest in stricter age-verification and identity checks if they want to keep selling legally. Those that can comply, see vape e-commerce as a controlled channel to distribute authorized products responsibly.

Indeed, E-commerce won’t fully replace physical retail. However, the key growth pathway for a compliant and well-managed sales ecosystem is. The vape market is projected to reach USD $182.84 billion by 2030. Vape E-commerce and FutureEcom will continue to grow alongside this trend. FutureEcom is committed to helping Vape E-commerce businesses thrive despite compliance challenges like changing state regulations across every state. Our REGAffirm AI technology confirms compliance before your order leaves the wearhouse.

Defy Limits. Not Laws.

Written by Arielle Edberg from FutureEcom

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