​5 Laws Every Vape Company Owner and VAPOR in the U.S. Should Know*

The reason behind the Vape apocalypse and the changes happing at Vapor E-Cigarette LLC.

It’s always an advantage to know the vaping laws governing the marketing, sales, and use of vape products, especially if you’re a company in the e-cigarette industry or a vapor. In the U.S, the sales and use of vape pens, liquid nicotine, e-cigarettes, e-liquids, or bulk import of such products aren’t without a list of requirements and regulatory guidelines.

Companies need to ensure compliance for their company and employees. This calls for an in-depth understanding of the rules and regulations surrounding customer age verifications, product placements and displays, sampling, internet and mail orders, restricted store sections, and many more.

Like most laws in the U.S, there are state and federal regulations for nicotine devices. Certain states in the U.S consider vaping companies to be manufacturers and retailers. What this implies is that they must deal with additional rules and laws. Ensuring that they are compliant will save them a lot of delays, fees, and fines.

Plus, the FDA is pointing to a full-out ban on synthetic nicotine, also known as TFN or Non-tobacco derived nicotine. Most (approx. 90%) of premium juices on the shelf today and including 90% of popular disposables containing this type of nicotine, that is NOT approved by the FDA, will be required to be removed from shelves by July or August of 2022.

This article covers five essential laws you should understand as a vape company and a vapor in the U.S. But before diving into it, let’s look at a general overview of vape regulations.

A Quick Overview

In the latter part of December 2020, a budget package saw the light of day after its passing by Congress.

The package included the likes of the coronavirus relief bill, but what would interest most vape companies was a 5000-page document also located inside the package.

This document was the law called the Preventing Online Sales of E-Cigarettes to Children Act.

It regulated several vape products, like the dual battery vape mods and the more sophisticated vape setups like the Tesla Punk Vape MOD. But this was just a piece of the iceberg, and laws such as these can easily go unnoticed if you’re not paying attention. So, let’s take a closer look at five of them.

1. Preventing Online Sales of E-Cigarettes to Children Act

President Trump signed this Act into law in 2020. In the vaping industry, this act is commonly called the “vape mail ban.”

However, vape companies will feel the effects of the Preventing Online Sales of E-Cigarettes to Children Act reaching past the postal delivery. Despite its popularity since December 2020, this law isn’t new.

It had previously passed the House back in 2019 and, in July 2020, made its way to the Senate in somewhat different forms. However, the Senate received a call-to-action from CASAA concerning the bill before its passing in the summer.

Overall, few vape businesses and vapers are alarmed by the possible impacts of its passage, not knowing its full impacts.

These impacts are just NOW being felt in the closure of some online vape businesses, no shipping options, or the very long wait for vape items to be shipped. This includes many on social media asking about “What Happen” to so and so and where I would get my vape supplies. This law has caused many to close or go B2B (Business to Business only) and limited consumer choice by over 60%.

2. Preventing All Cigarette Trafficking (PACT)

All vendors of vapor products and businesses that deal in devices that deliver flavor, the nicotine from an aerosolized solution, or other substances that enable users to inhale will have to comply with Prevent All Cigarette Trafficking (PACT) from late March 2021. This law also goes by the name Jenkins Act.

It regulates regular vapor products that deliver nicotine and non-nicotine vapor products, which the government might regard as containing hemp oil. You read that correctly, even zero-Nic juice is included!

Failure to abide by the rules and regulations stipulated by the Jenkins/PACT Act exposes vape companies to the possibility of heavy fines in the sums of $5,000 to $10,000 for each violation.

Because of this FedEx, UPS, DHL, and USPS have either eliminated or severely limited shipping with double to triple the shipping costs. The vape community has tried to address this with shipping options like the company ‘X’, but they are all Freight shippers and can take months to deliver. The exceptions are those that don’t tell the shipper service it is a vape product, then it gets through, but we don’t think that will last much longer because the first time there is a nicotine leak in 1 shipment, then there will be inspections done on all packages from any suspected source. This will end all side steps.

Then under President Biden in 2022, a tacked-on bill to add synthetic nicotine to FDA regulation was added to the spending bill that passed. So far, the FDA has said they will totally ban all non-tobacco-derived nicotine. This ruling is coming in the next few months.

3. FDA Regulation of ENDS

Electronic nicotine delivery systems, otherwise termed ENDS, are devices such as vape pens, electronic cigarettes, vaporizers, and e-pipes, among many others. All these devices are non-combustible tobacco products.

The FDA in 2016 concluded a ruling that extended CTP’s regulatory domain to cover tobacco products, including ENDS that fall under the category of tobacco products.

Hence, the FDA controls the import, advertising, sale, packaging, distribution, labeling, and manufacture of all such products. Its regulations also cover the parts and components of ENDS. However, it excludes all accessories. Some examples of such components include:

• Battery (this is why there are now labels on most vape batteries that the battery is not for vaping, this is to keep the FDA paws off of batteries)
• Atomizer
• Cartomizer
• Cartridge
• Clearomizer
• Tank System
• Drip Tip
• Programmable software (yes even software is considered a Tobacco product for the FDA if it is for an ENDS product, you know, the kind to update your mod device)

4. FDA Tobacco Regulations

Businesses that produce, modify, fabricate, mix, fix, assemble, repack, label, import, or relabel ENDS must also abide by the requirements for manufacturers, in addition to the first three laws.

If your company falls into this category, the FDA considers you a tobacco product “manufacture.” Even companies that import finished tobacco products must comply just like tobacco products distributors or manufacturers. They must file a PTMA. As of writing this, over 98% of vaping has received MDOs. This doesn’t mean it is off the shelf. Many companies are going ahead against the Market Denial Order and still make and sell. They are of the mind they won’t stop till the FDA forces them. Since the FDA is a government agency, it means it moves slowly, but don’t be fooled. The FDA with the force of the ATF (Alcohol, TOBACCO, & Firearms) will act to enforce these regulations.

Therefore, vape companies must register their company and submit a list of products, advertisements, and labeling. Per the regulations, other details needed to be submitted include an ingredient listing and data. We at Vapor E-Cigarette have filed this list for a retailer.

5. Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act

In February 2020, the U.S House of Representatives approved a bill to tackle the youth tobacco crisis. The name of this bill was the Protecting American Lungs and Reversing the Youth Tobacco Epidemic Act of 2020.

It bans most flavored tobacco and vaping products such as mint and menthol flavor. Plus, it imposes taxes on nicotine e-cigarettes and affects vape companies. However, it has not passed the Senate…yet. However, the FDA has not approved a single flavored product except for Tobacco, and they are about to ban Menthol. They are already moving to ban flavored cigars, loose tobacco, and menthol cigarettes.

Conclusion

One vital fact to always keep in mind, the law and regulations are always subject to modification via the passing of new legislation, federal decisions, ballot initiatives, high court rulings, or other approved methods. Therefore, it’s always necessary to follow the latest developments and know current information.

Often, understanding the complex rules and how they affect the vape business can be challenging. Therefore, companies may need an attorney in addition to their legal research to clear all their doubts.

DON’T PANIC, We at Vapor E-Cigarette LLC do have a lawyer to help guide the company through this regulatory maze. Because of these new laws and rules, Vapor E-Cigarette LLC must change a few things we do to stay compliant. Because of the FDA requirements and being forced to have a lawyer, it may be necessary to raise prices, but we are working hard to keep current pricing for you. We have been working hard the last few months to plan. We are now initiating that plan to be viable and to be here for years to come for our customers, our future customers, and all vapors. Vapor E-Cigarette LLC does not see these changes in a negative light, but as more of an opportunity. This is the reason behind having our event & sale. We understand that these changes may rattle some but be assured that we will do everything we can to make these changes barely impact your vaping experience or supplies. Rest assured, that our plan is working to survive these regulatory requirements and that we can and will be here for YOU. Please help by telling your friends and family about us and our products.

Vapors need to keep informed on what their government is doing. Stay engaged, and contact your representatives on the Local, State, and Federal levels. Remember to let them know your story on how vaping has helped you, you vape, AND YOU VOTE! Educating our leaders always has influenced the way they regulate. Therefore, educate, share your story, and send our leaders the REAL science on Vaping, Kratom, and Hemp Products. Without ALL of us, then NONE of us will have the choice of these life-changing products.

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And as always thank you for your support.