Electronic Nicotine Delivery Systems (ENDS) Policy

If you supply Electronic Nicotine Delivery Systems (ENDS) products for sale on Shoplazza, you need to comply with the laws and regulations that apply to your business. These laws and regulations depend on the region where your store is located and the region where you sell.

You're responsible for reviewing and using this information appropriately. This content does not contain and is not intended to provide legal advice, and may not be comprehensive or up-to-date, and is for reference only. You should consult your own legal counsel to determine how the laws in your region and the region in which you sell ENDS products might affect your business.

If you violate an ENDS law in any jurisdiction where you conduct business, Shoplazza may remove products or terminate your online store.

According to China's “Measures for the Administration of Electronic Cigarettes”, Shoplazza recommends that electronic cigarettes made in China should come from legitimate manufacturers, merchants should verify e-cigarette production permits from manufacturers or enterprises, the relevant regulations can be referred to Guidance on the manufacturing enterprise licenses to e-cigarette   and Measures for the Administration of Electronic Cigarettes  .

*ENDS products are also known as vapes, e-cigarettes, e-liquids, and e-juice.

United States (US) Laws and regulations for selling ENDS products:

If your business is located in the United States, or if you sell ENDS products to customers in the United States, then you're required to follow all federal, state, and local laws in any jurisdiction where your ENDS products are advertised or sold. This includes the Federal Food, Drug, and Cosmetic Act   (FD&C Act), Regulations Restricting the Sale and Distribution of Cigarettes and Smokeless Tobacco  ,and the Deeming Tobacco Products To Be Subject to the Federal Food, Drug, and Cosmetic Act  , as well as state laws and regulations regarding advertising, marketing, and prohibiting the sale of ENDS products to consumers under the legal minimum sales age.

If you sell or ship ENDS products, or any associated juice, part, kit, or accessory, in the United States, then you also need to follow the Prevent All Cigarette Trafficking (PACT) Act  . The PACT Act doesn't apply if you're selling products that have been approved as a tobacco cessation product by the Food and Drug Administration.

Federal restrictions

Minimum age of sale

Federal minimum age of 21 for the sale of all tobacco products, including e-cigarettes.

To better ensure compliance with this requirement, FDA encourages online retailers to use adequate means of age and identity verification to prevent sales of cigarettes, smokeless tobacco, or covered tobacco products online to individuals under the age of 21 years. Violation of relevant laws and regulations may result in one or more of the following, such as warning letter, civil money penalty and no tobacco sale order.

Marketing

• Marketing materials of e-cigarettes cannot make claims that their product exposes users to fewer toxins or reduces harm unless the FDA grants an order allowing such claims.
• Describing e-cigarettes products as “light,” “mild,” or “low”, or claiming a product is safer or less harmful without an FDA order.
• Do NOT display advertisements for e-cigarettes, e-liquids, or other ENDS without a health warning statement.
• Do NOT provide free samples of e-cigarettes, e-liquids, or other ENDS products to consumers, including any of their components and parts.

Product packaging

• Nicotine warning labels must appear on e-cigarettes.
• Do NOT sell or distribute e-cigarettes, e-liquids, or other ENDS without a health warning statement on the package.

States and local governments restrictions:

• Require license and registration with the state or local government.
• Some states restrict or prohibit the sale of flavored e-cigarettes products.
• Limit minimum legal age of sale.

Additional information about selling ENDS products in the United States:

• Enforcement Priorities for Electronic Nicotine Delivery System (ENDS) and Other Deemed Products on the Market Without Premarket Authorization  
• FDA's Deeming Regulations for E-Cigarettes, Cigars, and All Other Tobacco Products  
• FDA Information on Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS)  

States and local governments additional information:

• Vaping and E-Cigarette Laws by State  
• Vaping and E-Cigarette Laws by State: Sellers  
• Vaping and E-Cigarette Laws by State: Manufacturers  

Canada Laws and regulations for selling ENDS products:

If your business is located in Canada, or if you sell ENDS products to customers in Canada, then you're required to follow all applicable provincial, territorial, and municipal laws in any jurisdiction where your ENDS products are advertised or sold. You must also follow the Tobacco and Vaping Products Act  , the Consumer Product Safety Act  , the Food and Drugs Act  , and the Vaping Products Labelling and Packaging Regulations   (VPLPR).

Each jurisdiction has different requirements for ENDS, including but not limited to:

• How you can advertise   ENDS products
• How much nicotine content   is allowed in the ENDS product
  Starting in July 2021, The Nicotine Concentration in Vaping Products Regulations establish a maximum nicotine concentration of 20 mg/mL for vaping products manufactured or imported for sale in Canada and prohibit the packaging and sale of vaping products if the nicotine concentration displayed on the package exceeds that value.
• Selling flavored ENDS products
• Tax requirements for ENDS products

If you sell or ship ENDS products in Canada, then consider these commonly cited requirements:

• Don't sell or advertise ENDS products to minors  .
• Don't sell or ship ENDS products between two or more provinces.
• Don't sell ENDS products using an online platform in Quebec.
• Make sure that your ENDS product packaging follows the Vaping Products Labeling and Packaging Regulations  .

Additional information about selling ENDS products in Canada:

• Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act  
• Vaping product regulations  
• Protection of young persons – Some Key Prohibitions and related Penalties under the Tobacco and Vaping Products Act  

European Union (EU) Laws and regulations for selling ENDS products:

If your business is located in the European Union, or if you sell ENDS products to customers in the European Union, then you're required to follow the Tobacco Products Directive 2014/40/EU (TPD)  . Before selling an ENDS product in the European Union, you should review all applicable pieces of legislation, including the laws of any member state where you intend to sell your products.

Each jurisdiction has different requirements for ENDS, including but not limited to:

• You can only legally sell ENDS products online to two or more countries that are a part of the European Union if you're a registered   retailer.
• You need to add health warnings   on your ENDS products that tell customers that the product contains nicotine and shouldn't be used by people who don't smoke.
• Advertising  , marketing, and selling rules for ENDS products.
• How much nicotine content   is allowed in the ENDS products.
  the nicotine-containing liquid is only placed on the market in dedicated refill containers not exceeding a volume of 10 ml, in disposable electronic cigarettes or in single use cartridges, and that the cartridges or tanks do not exceed a volume of 2 ml;
  the nicotine-containing liquid does not contain nicotine in excess of 20 mg/ml;
• Packaging and labeling rules   for ENDS products.
  electronic cigarettes and refill containers comply with child- and tamper-proof requirements.

Additional information about selling ENDS products in the European Union:

• European Commission Guidance on Electronic Cigarettes  
• ECAS registration process  

UK (After Brexit) Laws and regulations for selling ENDS products:

If you sell ENDS products, or any associated juice, part, kit, or accessory, in the United Kingdom, then you also need to follow the guidelines and regulations implemented by the Medicines and Healthcare Products Regulatory Agency (MHRA), which include the Tobacco and Related Products Regulations (TRPR)   and the Tobacco Products and Nicotine Inhaling Products (Amendment) Regulations  . All e-cigarettes and e-liquids must be notified to and published by the MHRA before being sold.

Each governmental department has different requirements for ENDS, including but not limited to:

• How you can advertise  , market, and sell ENDS products
• How much nicotine content   is allowed in the ENDS product
  a disposable electronic cigarette, a single use cartridge, or a tank, in a volume not exceeding 2 milliliters;
  a dedicated refill container in a volume not exceeding 10 milliliters;
  the capacity of the tank of a refillable electronic cigarette must not exceed 2 milliliters.
• How you can add health claims about an ENDS product
• Labeling and packaging requirements  
  An electronic cigarette or refill container must be child-resistant and tamper-evident

If you sell or ship ENDS products in the United Kingdom, then consider these commonly cited requirements:

• Don't sell ENDS products to any person under the age of 18.
• Don't add any medicinal claims to your online store, including smoking cessation claims, unless your ENDS product is authorized for medicinal purposes by the MHRA.
• Register   as a cross-border retailer before you sell or ship ENDS products between two or more jurisdictions, such as Great Britain to Northern Ireland, or Great Britain to the European Union.
  Refer to the guidance   on the registration requirements for cross-border distance sales of tobacco products and e-cigarettes (including e-liquids, devices, and components) to consumers in the UK, Northern Ireland, EU Member States, or third countries.

Additional information about selling ENDS products in the UK:

• E-cigarettes and vaping: policy, regulation and guidance  
• The Tobacco and Related Products Regulations  
• E-cigarettes: regulations for consumer products  
• Guidance for licensing electronic cigarettes and other inhaled nicotine-containing products as medicines  
• UK law on the advertising of e-cigarettes  
• Packaging of tobacco products