What is the law as far as selling nicotine?

[Zben504]

Yes pepsi did, but as a food manufacturer. The company that sold them the caffeine to put in the pepsi(as well as the caffeine chew company) would have had to register as a "drug" Producer. Pepsi and caffeine chews are defined as "food products" whereas caffeine is a "drug". In the case of Nicotine eliquid, most likely the FDA stance is that it's not a food use intent, it is a drug use intent, therefore nicotine liquid is a "drug" by their definition. You would have to look at the USP, anything listed in there in it's pure form(or in it's USP/NF definition) is a drug. For general purposes, anything "extracted" from it's plant source no longer qualifies as a Food, but a drug, UNLESS it is then mixed into a product that has already been previously classified as a "food" such as Pepsi.

Ok thanks for clearing that up for me.

[markarich159]

To be honest It was kind of a whirlwind situation with the lease, getting product on time and getting signage for the kiosk. So we really didn't even think about the legalities of nicotine, just the legalities of everything else. I know the FDA wants to come down hard but wasn't really worried. I don't think your an a**hole it's a valid question that I don't have a decent answer to.
I have a good friend who's an excellent attorney (he vapes) and he told me not to worry too much and that he would look into it. He said since I'm incorporated I don't have to worry about personal liability. I still would hate for something to happen.

As a pharmacist, again, the lawyer is wrong, corporate legality isn't going to help you if th FDA busts your kiosk. You would be the one with the vaporizers and liquid in your possesion. I'm assuming your not a publicly traded corporation on a stock exchange. Your a private company and your the owner. Your responsible for any Criminal charges levied by the FDA. I'm not trying to scare you or anything, the FDA is most likely not going to come bust you. But at some point, either you or your supplier is going to have to be licensed or registered with the FDA. This will probably not happen for some time, but when it does the company selling the vapes and liquid will have to register as a drug/device manufacturers and you will have to register either federally or thru the state as a licensed distributor of these products.

[Zben504]

But wait isn't there a company U.S. Based that sells pure nicotine? They would be approved to manufacture it, therefore making it legal right? I don't know, I'm looking for loopholes for when the whole USA e-cig industry comes crashing down.

[Kate51]

The ONLY US company selling Juices is Johnson Creek, they have just done a re-vamp on the formulas, in anticipation of FDS regs, I suspect, but they do have FDA Approval. The only one I know of at this time. They also have "partners" who sell their product on e-cig websites. I do not know if they could sell bulk pure nicotine, I seriously doubt that they would. Am sure you would need clearance to buy it.

[Sun Vaporer]

I talked with a compunding pharmacist today whom I was buying dropper bottles from. I told her what they were for and she voiced her opinion about how it was just prolonging an addiction and blah, blah, etc. She said that if I'm "dealing drugs" without proper licensing that I could be in big trouble.
So my question is this: if I am selling liquid nicotine, is it illegal? Nevermind what it's intended use is. Is it illegal to sell nicotine without some sort of license? You don't need a license to sell cigarettes, just a tabacco tax stamp. Can I be arrested for selling "controlled drugs" at my kiosk? This pharmacist has me a bit worried.

You need competent Counsel as what you are doing has been documented as a violation of more then just one Federal law.


Sun

[Sun Vaporer]

The ONLY US company selling Juices is Johnson Creek, they have just done a re-vamp on the formulas, in anticipation of FDS regs, I suspect, but they do have FDA Approval. The only one I know of at this time. They also have "partners" who sell their product on e-cig websites. I do not know if they could sell bulk pure nicotine, I seriously doubt that they would. Am sure you would need clearance to buy it.

Kate--Johnson Creek only has registared with the FDA, they have no approval with the FDA whatsoever. Registration can be obtained by anyone, but what they sell is quite a different matter.

Sun

[Zben504]

You need competent Counsel as what you are doing has been documented as a violation of more then just one Federal law.


Sun

you do realize that I am a mere small fish in a huge pond of e-cig sellers. When the hammer comes down on a few big guys it's time to rethink how we do business. If it's a violation of federal laws why has noone been repremanded?

[markarich159]

Kate--Johnson Creek only has registared with the FDA, they have no approval with the FDA whatsoever. Registration can be obtained by anyone, but what they sell is quite a different matter.

Sun

I agree, but at least they are ahead of the curve. Registering means they at least MUST follow FDA current good manufacturing procedures. When the final regs come down from on high, JC may have some additional licensing issues/requirements they will have to append/ammend. But they have at least taken the 1st step toward compliance and it shows they are willing to take the next steps. As I wrote in a separate thread, what I believe will happen is regulation and, of course, taxation. But that happens in every industry where food and drugs(FDA) are involved. E-cigs and eliquid will remain, just priced higher due to additional industry regs and again taxation.

[beckah54]

Since you are a pharmacist with many years of schooling, what are your thoughts regarding the use of nicotine liquid? I'm assuming that you purchase your eliquid and that you vape. Please correct me if I am wrong.
Do you see eliquid becoming a prescription or just being monitored as tobacco is?

[markarich159]

Since you are a pharmacist with many years of schooling, what are your thoughts regarding the use of nicotine liquid? I'm assuming that you purchase your eliquid and that you vape. Please correct me if I am wrong.
Do you see eliquid becoming a prescription or just being monitored as tobacco is?

I do use and love Vaping and think it is SO very much healthier then smoking analogs. I have started a thread called "A pharmacists point of view" in this subforum. Rather then having to retype everything I'll try to link you to it. But bear with me, it's the 1st time I've tried this.

A Pharmacists Point of View