What Vape Retailers Need to Know Part 2

First, I would like to update my readers and especially the vape retailers about the Liquid Nicotine Packaging Surveillance Guide I mentioned in the previous article, where I stated that bottles containing nicotine manufactured prior to July 26, 2016, would be okay to sell with proof, but that is no longer the case.  The US Consumer Product Safety Commission in a letter dated July 22, 2016, decided that beginning on July 26, the sales of liquid nicotine in non compliant containers are prohibited.  You will be required to show your product (ejuice) meets the requirements of 16CFR 1700.15 (that means a Certificate of Conformity or CCG) as discussed in previous article. (prefilled, disposable cartridges are excluded)

For clarity, the following is the definition of ENDS as described by the FDA.  In order for vape retailers to understand what is under regulation, you must have a clear picture of what the FDA determines to be a nicotine delivery system or in plain in English, an e-cigarette.

Vaporizers, vape pens, hookah pens, electronic cigarettes (E-Cigarettes), and e-pipes are some of the many types of Electronic Nicotine Delivery Systems (ENDS).

These products use liquid containing nicotine, as well as varying compositions of flavorings, propylene glycol, glycerin, and other ingredients. The liquid is heated into an aerosol that the user inhales.

What do ENDS look like?  As defined by the FDA

Many ENDS are manufactured to look like conventional cigarettes, cigars, or pipes. Some resemble pens or other everyday items. Larger devices such as tank systems or mods bear little or no resemblance to cigarettes.

“Components” or “parts” include, among other things, software or an assembly of materials intended or reasonably expected alter or affect the tobacco product’s performance, composition, constituents, or characteristics; or to be used with or for the human consumption of a tobacco product. For a full definition of ENDS components, parts, and accessories, please read the Deeming Tobacco Products Subject to the Federal Food, Drug, and Cosmetic Act. Examples of components and parts of ENDS include, but are not limited to:

  • E-liquids
  • A glass or plastic vial container of e-liquid
  • Cartridges
  • Atomizers
  • Certain batteries
  • Cartomizers and clearomizers
  • Digital display or lights to adjust settings
  • Tank systems
  • Drip tips
  • Flavorings for ENDS
  • Programmable software

Okay now that we have that all out of the way.  Here is a list of 7 regulations that


  • Check photo ID of everyone under age 27 who attempts to purchase e-cigarettes or other ENDS.
  • Only sell e-cigarettes and other ENDS to customers age 18 and older.
  • Do NOT give away free samples of e-cigarettes or other ENDS, including any of their components or parts.
  • Do NOT sell e-cigarettes or other ENDS in a vending machine unless in an adult-only facility.
  • Beginning in 2018, do NOT sell or distribute e-cigarettes or other ENDS without a health warning statement on the package.
  • Beginning in 2018, do NOT display advertisements for e-cigarettes or other ENDS without a health warning statement.
  • If you operate a vape shop that mixes or prepares liquid nicotine or nicotine-containing e-liquids, or creates or modifies any type of ENDS, you are considered a tobacco product manufacturer and must comply with all of the legal requirements for tobacco product manufacturers.   (Follow-up on what that entails in subsequent articles)

I was told that a conclusion to each column would be a good idea.  But, there is no conclusion or summary that can be seen as yet.  The facts are the facts.  At a time when I think it necessary to put a conclusion in I will.  I would rather end the article in a personal comment.  Since I am head strong, and very opinionated, this would be a great spot.

Personal OpinionThe laws are ridiculous.  If e-cigarettes are going to be regulated, then why not regulate wooden tobacco pipes used to deliver pipe tobacco?   I do believe child proof packaging for nicotine is necessary for the protection of our children, but why not child proof cigarette boxes?

Wendy Bivona

Wendy Bivona is also a vape retailer. Wendy is the owner of Premium eCigs, in Melbourne Florida. Follow Wendy on Facebook. Wendy is the most informed advocate on the pro-vaping side, and she will be bringing Spinfuel Readers and Vape Shop Owners vital information for Life after August 8th.