Confused on the legality of selling

[C6Silver]

I've read through a number of threads before deciding to post this one. I am quite confused as to the legal situation surrounding the selling of e-cigs and liquids.

It is clear that there are many on-line retailers selling devices and liquids today. Are they violating the law by doing so or is it still legal? Ebay/Paypal prohibits the sale of devices/liquids on their site which I don't know why they'd do unless it was illegal. I haven't been to a mall in a while, but last time I was at one, I did see a kiosk selling e-cigs here in So. Cal.

So while I understand there are a bunch of bills pending all over the place, what is the current state as to the legality of selling devices and liquids here in the US?

 

[5cardstud]

It's not illegal it's just not backed by the fda ans Ebay is just covering their behinds.

 

[C6Silver]

Thanks for the quick reply. If that is the case, why aren't there are other sites stepping in where Ebay has left this void?

 

[0smitty]

Thanks for the quick reply. If that is the case, why aren't there are other sites stepping in where Ebay has left this void?

Hmmm...In a way, there are already other sites filling the gap, and ECF is kinda one of them. We have a buy/sell/trade area, we rate and rank suppliers by pointing out who's good and who's not so good. We even put up feedback for individuals who buy/sell stuff. Realistically, the only reason the ECF's classified areas aren't "eBay for eCigs" would be the lack of a slick, searchable UI and a "rep counter" below each person's name...Although that *is* doable, I've seen such things on other forums...and probably wouldn't be a bad idea!

 

[C6Silver]

hmmm. Maybe we should just create a real one for the community to use.

 

[Zurd]

It's not illegal it's just not backed by the fda ans Ebay is just covering their behinds.

Also paypal is covering for the FDA as there's been reports of sellers unable to use paypal anymore

 

[C6Silver]

Also paypal is covering for the FDA as there's been reports of sellers unable to use paypal anymore

Yes, there have been reports of sellers being banned from Paypal as a result.

 

[thephoenix]

not illegal to sell and shouldn't be for some time...even if the fda does ban the device - which technically they shouldn't be able to do...as anyone can feasibly create an ecigarette...it's just a battery, heating coil at it's heart...would be like banning bongs...

but if they do instate a ban on the device it should take years to accomplish...

anyway, what they will be able to do is go after e-juice...it is my hope that they will only be able to regulate it as a smokless tobacco product...

i've read some articles on Wall St taking a keen liking to the future of the ecig market as well as RJ Reynolds developing their own device...if big business makes a push then the FDA will back down as they're owned by corporate interests...

but for now, selling is legal...and the next hearing on the import ban stay is slotted for September, so let's hope they side with judge Leon...AKA The Angel of Vapor

 

[Tampa2]

Yes, there have been reports of sellers being banned from Paypal as a result.

That is fact! Not just a report! But they are still legal to buy/sell and I wouldn't be to worried about getting any e-cig yu want!

 

[skawtee]

so, to resurrect this thread:

i have a buddy who runs a cigar shop. he gets a fair amount of people asking if he sells ecigs and/or supplies. he asked me what i thought of him trying to get into the market, but im not sure how legality would effect being a brick-and-mortar vendor in california.

can anyone point me in the right direction for info? my google skills seem to be lacking...

thx

 

[GtrSoloist]

Yes, there have been reports of sellers being banned from Paypal as a result.

And Paypal is owned by eBay.

 

[Hoosier]

He should be fine unless the local, state, or federal government bans the selling of them, or requires special permits, or requires buyers have certain licenses or permits. Heck sometimes they like to ban use or owning an object, but it's ok to sell. .

That's pretty much true for selling anything.

 

[BradSmith]

As long as you have a tax ID number and a DOB (doing business as) you are good to go. E-bay and PayPal ban all kinds of things they don't like. For instance deer antlers and bongs. e-bay and PayPal are the same company now and they basically have a monopoly on the auction style on-line business. There are others but for the most part none of them have taken off enough to make it worth posting. If you don't get enough hits on your add it won't sell or you basically give it away. Amazon and Criag's List have a ton of traffic, but no Auction style format. I would love to see an alternative to E-bay. I don't list on there much anymore, but I have been a power seller for close to a decade and I am still a top rated seller with 100% positive feedback.

As for a brick and morter store, I don't think they will have any problem for the time being. However, it might be a risk to stock up on too much inventory just in case.

 

[cyberwolf]

I just noticed a curious position that ebay apparently takes on guns. Softair guns are okay, bb and pellet guns are not. So apparently that same technology specifically made for people to shoot each other is okay, while shooting tin cans is not.

 

[KDK]

I doin't know about the future, but for now it isn't illegal. So, that mean it is legal! I haven't had any problems with delivery of anything i have ordered online ( and I've been ordering stuff to have a stash in case) so far. I live in central Ca. if that helps! It's likely to be a while before any new laws whould take effect in any case, and none have been passed yet.

 

[LowThudd]

I have a business licence, and I asked the license dept. about this. He told me as long as it is not "Tobbacco" that no further licensing is required. "As far as he knew". He asked his supervisor and they said the same thing. *Shrug* that's SoCal for you. lol. I have not heard anything about it being illegal, except for certain Rare local ordinances. As far as eBay and PayPal go, there are several things that are legal to sell and posses that they do not allow the sale of. Let's leave it at that.