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September 15, 2016

Online vape vendors need to beef up age verification

FDA released the results of their first set of minor ban compliance tests. This set is entirely convenience / drug stores and online sellers.

Do you want online sales to be banned? Because this is how you get online sales banned.

Edit: At least one company did have age verification installed. Read their letter here. If you are doing online sales, you may need to do more than just rely on your software, unfortunately   https://www.reddit.com/…/fda_issues_first_warning_l…/d7o1ks8

FDA’s investigation of the website http://www.vapeofficial.com revealed that you sold an e-liquid product to a minor. Specifically, during our investigation of http://www.vapeofficial.com, a person younger than 18 years of age purchased the e-liquid Strawberry Cake Pop by Brewell from the website. No retailer may sell covered tobacco products, including e-liquid, cigar, pipe tobacco, waterpipe tobacco, and dissolvable tobacco products, as well as electronic nicotine delivery system (ENDS) products that contain any tobacco derivative, to a person younger than 18 years of age under 21 C.F.R. § 1140.14(b). Under 21 C.F.R. § 1140.3, a “covered tobacco product” is defined as any tobacco product deemed to be subject to chapter IX of the FD&C Act by 21 C.F.R. § 1100.2, excluding components or parts not made or derived from tobacco. Before 21 C.F.R. § 1100.2 became effective, only cigarettes, smokeless tobacco, roll-your-own tobacco, and cigarette tobacco were subject to chapter IX of the FD&C Act. 21 C.F.R. § 1100.2 deems all other tobacco products, except accessories of such tobacco products, subject to chapter IX and its implementing regulations. The product cited in this violation is a “covered tobacco product.” Under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)), tobacco products are misbranded if sold or distributed in violation of regulations prescribed under section 906(d) of the FD&C Act, including those within 21 C.F.R. Part 1140.  Because this product is sold or distributed to persons younger than 18 years of age in violation of 21 C.F.R. § 1140.14(b), this product is misbranded under section 903(a)(7)(B) of the FD&C Act (21 U.S.C. § 387c(a)(7)(B)).

Source: 2016 > Endless Empire, LLC 9/1/16

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