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Do i need a licence?

Discussion in 'Law and the E-Cigarette' started by tpavur, Jun 28, 2011.

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  1. tpavur

    tpavur Super Member Verified Member ECF Veteran

    Dec 30, 2010
    Do i need a licence to sell e-liquid? If so what type will i need, i will be selling online and im curious.
  2. rbuck9

    rbuck9 Super Member Verified Member ECF Veteran

    May 12, 2011
    personaly i would look into your states laws on forming an llc
    and laws on ecommerce
    but i am a layman at this, but would like to know
  3. studio52

    studio52 Super Member ECF Veteran

    May 11, 2011
    Meridian MS
    Interesting question. I just thought you got a website, a business licence and bata bing your up and selling.
  4. oplholik

    oplholik Vaping Master Verified Member ECF Veteran

    Supporting member
    Mar 22, 2011
    San Bernardino area, So. Cal.
    I don't know if there is anything particular to the handling and selling the nicotine, but I wanted to start a small internet business for an e-cig accessory that I would make at home. I wanted to do it the legal way, applying for a business liscense, and getting a tax ID. Well, with city codes, just couldn't do it. So, check with your local business liscensing agencies. You might also talk it over with your tax person if you use one. The fines for operating without either a liscence, or tax ID can be pretty stiff. So, good luck. Hope it works out for you.
  5. Bdbodger

    Bdbodger Super Member Verified Member ECF Veteran

    Mar 27, 2011
    North Vancouver BC Canada
    Didn't Al Capone go to jail for a long time for evading taxes ? I would do some research first .
  6. the_vape_nerd

    the_vape_nerd Ultra Member Verified Member ECF Veteran

    Supporting member
    Jun 20, 2011
    New Orleans, LA
    Tobacco is heavily regulated. Nicotine isn't, hence the FDA's lawsuit. I don't think you need a license to sell this stuff, but I could certainly be wrong. The best way to find out what you need to do is to call or email your state's attorney general. They will provide you an answer usually in the form of an opinion which will cite either your state's statutes or current on-point case law.
  7. Vocalek

    Vocalek CASAA Activist ECF Veteran

    Supporting member
    Apr 7, 2009
    Springfield, VA
    Where I live, if you apply for a business license, the county expects you to pay them 1% of your revenue -- not your profits, mind you, but all the money you take in -- regardless of whether you made enough to pay all your other costs. I guess it's kind of like a sales tax, only it isn't limited to products as most sales taxes are. You have to cough up 1% of your sales, regardless of what business you are in.
  8. rolygate

    rolygate Forum Manager Admin Verified Member ECF Veteran

    Supporting member
    Sep 24, 2009
    ECF Towers
    The general answer to this is: no, no license is needed - at present. You must however comply with all local regulations on business operation and taxes. A local accountant is the best person to advise on this.

    In the US, it is worth bearing in mind that the FDA can legally consider your sales as tobacco products now. Although this is not exactly cut and dried, since there are no specific regulations in place, theoretically if you have some sort of problems then this might also come into the equation - perhaps brought in by a zealous city official trying to rack up offences.

    In the UK, you need no license whatsoever to sell any products of this type although you will be subject to materials testing and analysis at the local level by your city / local Trading Standards inspectors. As yet e-cigs etc are not classified in any way except as general sales products.

    This applies even if you only sell online, if you have an office in the UK. The officials in the area your office is located in will visit and take away whatever they want to, and inspect / analyse it. There are regulations that apply to electrical products such as chargers; to packaging of toxic materials (currently called CHIP regs but just about to change to a new system); but nothing at all for e-liquid except general food regs, i.e. no known poisonous contaminants are allowed. They will analyse the liquid. An e-cigarette by itself has no regulations of any sort applicable to it - kind of like a flashlight.
  9. pkj

    pkj Ultra Member Verified Member ECF Veteran

    Apr 18, 2010
    Paula in Arizona
    Don't forget to look into insurance. e-liquid, by nature, has nicotine in it. Look at covering your behind with some insurance.
  10. kingcobra

    kingcobra Super Member Verified Member ECF Veteran

    Apr 17, 2011
    I'm not sure about the insurance, but once your operation gets big enough, look to incorporate to limit your liability that way.
  11. eyebedam

    eyebedam Ultra Member Verified Member ECF Veteran

    Sep 14, 2011
    Mt. Juliet TN

    If you need a tester for liquid Ill be your huckleberry.
  12. MickeyRat

    MickeyRat Vaping Master Verified Member ECF Veteran

    Mar 4, 2011
    Hickory, NC
    That would be my biggest concern as well. Child proof caps, insurance, and a caution on the label would be a good idea,
  13. Semiretired

    Semiretired Vaping Master ECF Veteran

    Sep 24, 2011
    Middle Georgia
    Because our world is centered around lawsuits you would be best advised to have insurance and some type of notification that your customers are taking this risk on their own and that they understand that you are not responsible for side effects short or long term (blah, blah, blah).

    Now - eventually someone will find a side effect with ecigs - something that has not been pre-warned and the lawyers will hit the industry by storm... Watch TV - it is on there every day for drug manufacturers, etc...
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