A surprising FDA regulation that’s about to hit your online vape shop

Electronic cigarettes and vaporizers are extremely popular at retail, with many online shops specializing in these products – including some of eBoundHost’s customers. However, the industry is being shaken up by new FDA regulations.

The FDA’s final Deeming Regulation on Electronic Nicotine Delivery Systems lays out new regulations on vapor manufacturers and retailers, and has been slammed by industry experts and consumers alike as overly burdensome.

One of these new rules requires shops to check photo ID for proof of age above 18.   This is already the law in 48 states, but it’s expected that the FDA will start to enforce photo-ID verification online as well as in person,  at the federal level.  Current solutions like an ” Are you 18+” pop-up, or verification via credit card may no longer be enough for online shops.

From FDA.gov:

Before today, there was no federal law prohibiting retailers from selling e-cigarettes, hookah tobacco or cigars to people under age 18. Today’s rule changes that with provisions aimed at restricting youth access, which go into effect in 90 days, including:

• Not allowing products to be sold to persons under the age of 18 years (both in person and online);
• Requiring age verification by photo ID;
• Not allowing the selling of covered tobacco products in vending machines (unless in an adult-only facility); and
• Not allowing the distribution of free samples.

Industry leaders are hoping for a reprieve from the FDA’s new plans via the Cole-Bishop amendment, but no changes have been made yet. Online vape shops should consider ID-based age verification plugins  or other solutions as they adapt to the new regulations, which take effect on August 8.

(Note: we don’t endorse any particular age verification system, link provided as an example)

Artur June 22, 2016