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 doesn't contain and isn't meant to provide legal advice. 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, the Shoplazza may remove products or terminate your online store.

Note: Based on age and shipping restrictions requirements, Shoplazza strongly recommends that merchants need to set age verification and health warnings for online stores and other non-face-to-face purchases of any e-cigarette products.

According to China's “Electronic Cigarette Management Regulations”, Shoplazza recommend that electronic cigarettes made in China should come from legitimate manufacturers, merchants should verify e-cigarette production permit from manufacturers or enterprise, the relevant regulations can be referred to Guidance on the manufacturing enterprise licenses to e-cigarette and Electronic Cigarette Management Regulations.

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

Prohibited and Restricted regions for selling ENDS products

Prohibited regions or selling ENDS products:

Antigua and Barbuda, Argentina, Australia, Bhutan, Brazil, Brunei Darussalam, Cambodia, Colombia, Egypt, Ethiopia, Gambia, India, Iran, Japan, N. Korea, Kuwait, Lebanon, Mauritius, Mexico, Nepal, Nicaragua, Oman, Panama, Qatar, Seychelles, Singapore, Sri Lanka, Suriname, Syria, Thailand, Timor-Leste, Turkey, Turkmenistan, Uganda, Uruguay, Venezuela, Palestine, Hong Kong Special Administrative Region.

Restricted regions for selling ENDS products:

Austria, Azerbaijan, Bahrain, Barbados, Belarus, Belgium, Bulgaria, Canada, Chile, China, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Ecuador, El Salvador, Estonia, Fiji, Finland, France, Georgia, Germany, Greece, Honduras, Hungary, Iceland, Indonesia, Ireland, Israel, Italy, Ivory Coast, Jamaica, Jordan, S. Korea, Laos, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malaysia, Maldives, Malta, Moldova, Netherlands, New Zealand, Nigeria, Norway, Palau, Paraguay, Philippines, Poland, Portugal, Romania, San Marino, Saudi Arabia, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland4, Tajikistan, Togo, Tunisia, Ukraine, United Arab Emirates, United Kingdom, United States, Vietnam.

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. These include Food and Drug Administration (FDA) regulations, and state laws and regulations around advertising, marketing, the sale of ENDS products to minors, and flavored e-cigarettes.

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 18 for the sale of all tobacco products, including e-cigarettes.

Some states have an age limit of 21, including Alabama,California,District of Columbia, Florida, Hawaii,Illinois, Louisiana, Maine, Massachusetts, Michigan, New Jersey, New Mexico, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, Washington, Wyoming.

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.
PRODUCT PACKAGING
- Nicotine warning label that 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 register with the state or local government.
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)

age verification and health warnings setting process document

States and local governments 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, and the Food and Drugs Act.

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
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

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 product.
Packaging and labeling rules for ENDS products.

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.

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
How you can add health claims about an ENDS product
Labeling and packaging requirements

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.

Additional information about selling ENDS products in the UK