Introduction

Selling e-liquid (nicotine-containing e-juice / vape juice) online in the United States is legally complicated: federal rules set a baseline, but states and localities add layers of licensing, taxes, flavor or product bans, and shipping restrictions. This article will use the acronym ENDS in reference to Electronic Nicotine Delivery Systems. The guide below summarizes the major E-liquid regulatory requirements, including common state-level variations and federal laws.

Federal Regulatory Requirements

The first federal e-liquid regulatory requirement is T21. A federal law raised the minimum legal age to buy tobacco products- including e-cigarettes and e-liquid- from 18 to 21. This law is often referred to as T21. It became effective on December 20, 2019, and remains in effect for all in-person and online sales. While states and local areas are increasing the legal age, the law prevents them from decreasing it to under 21.

The second e-liquid regulatory requirement is that Amendments to the Prevent All Cigarette Trafficking (PACT) Act extend to remote businesses selling e-cigarettes and nicotine products. These regulatory requirements include verifying the age of buyers, complying with state and local licensing and excise tax regulations, filing shipping and tax reports, and adhering to packaging/labeling and delivery requirements. The PACT Act was enacted with the intention of reducing tobacco use among Americans. The PACT Act addresses online sales in a few ways. It requires businesses to check IDs before every sale and upon delivery. Each locality has their own relationshop to tobacco and ENDS products. To reduce tobacco use in certain communities, the PACT Act requires online E-liquid businesses to abide by local sales policies. This means that businesses can’t sell into states that have banned E-liquid products.

The last e-liquid regulatory requirement has to do with shipping carriers. Mailing and carriage of e-cigarette products is restricted. USPS and many carriers impose specific rules and, in some contexts, ban the mailing of certain e-cigarette products. Carriers also require an adult signature on delivery and ID verification when shipping tobacco. Always check the carrier’s current policy before shipping your products with them.

State-Varied Regulatory Requirements

There are regulatory requirements regarding ENDS products, and each state takes its own stance based on the issues of its constituents. E-liquid may be subject to state excise taxes on tobacco and ENDS products. Some states require tax stamps or prepaid tax reporting for shipped products. Under the PACT Act, sellers must comply with state tax rules for remote sales. California is among the states that require excise taxes.

Online vape businesses also need licenses. Many states require tobacco vendor licences for anyone selling nicotine products online. If you sell into multiple states, you may need multiple state licenses.

Specific vape items face state-wide regulatory requirements. A few states have restricted or banned disposable flavored pods, certain nicotine concentrations, or device types. California and New York have restricted the sale of most flavored products, with a few exceptions, while New Jersey has banned all flavored tobacco products. Check the law where the customer is located.

Conclusion

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