Legality regarding the sale of e-juice

[powerhouse]

Disclaimer: This thread is in no way intended to promote any type of business or the sale of e-liquid to anyone on this forum. It is to obtain information regarding the current laws in place that prevent the sale of it In my country.


I live In New Zealand and the current laws regarding the sale of pv's and e-juice are:

Personal Vaporizers may be sold and non nicotine liquid may be sold but any e-juice containing nicotine is illegal to sell. Nicotine e-juice is registered as a 'medicine' and can only be sold in pharmacies. E-juice containing nicotine may be imported for personal use only.

Hypothetically speaking if I was to sell non nicotine e-juice to people in New Zealand and gift them free nicotine juice with every purchase can this still be considered illegal? I would like to start a business but need to be assured that I'm not breaking any laws as the penalty's are harsh.

Any advice would be appreciated.

Cheers

 

[Petrodus]

Hire a "Good" Attorney

 

[zoiDman]

Be careful…

In this country, the USA, giving someone something that is Illegal to sell in the Capacity of a Retailer can and Probably will be considered Illegal and Prosecutable.

Since a Retailer would be “Gifting” something in return for the Promise of a Sale, in essence, it is just another form of a Sale.

Also, “Gifts” are deemed as something down between people who know each other. And not between Strangers in a Retail Sale Environment for Profit.

 

[powerhouse]

Thanks for the reply zoidman, I am currently studying the bill that governs the sale of e-juice carefully but as of yet have not found any other ways around it. I will be getting a lawyer to examine the document to see if he can give me some insight.

What are the laws in America as to the sale of e-juice? I understand they vary state to state but are they much the same as in NZ? As in people can buy the juice for personal use but it may not be sold in a retail environment? If this is the case then how are there so many big suppliers in America still able to sell locally without any implications?

 

[sonicdsl]

Thanks for the reply zoidman, I am currently studying the bill that governs the sale of e-juice carefully but as of yet have not found any other ways around it. I will be getting a lawyer to examine the document to see if he can give me some insight.

What are the laws in America as to the sale of e-juice? I understand they vary state to state but are they much the same as in NZ? As in people can buy the juice for personal use but it may not be sold in a retail environment? If this is the case then how are there so many big suppliers in America still able to sell locally without any implications?

Currently in the USA, there are no bans or restrictions on the sale of e-liquid, save for some municipalities and/or states that have restricted sales to only those 18 years of age and older (there are a handful that have restricted where you may vape, however). There are many vape shops throughout the country, and more opening all the time. I've been in a couple of the local ones, and it's been a lot of fun. They sell the hardware and e-liquid (with or without nicotine, depending on the vaper's preference. Most also have a lounge area, couches and/or a "bar" in which to socialize while vaping.

 

[MidgardDragon]

I am not a lawyer, but I think the only way you would get away with it from a legal standpoint would be if you gave it away unconditionally, and just hoped for a sale because they happened to be in the same place. Giving it away "with" a sale would probably be close enough to selling it for anyone who cared to pounce on the case and charge you with whatever.

 

[zoiDman]

Thanks for the reply zoidman, I am currently studying the bill that governs the sale of e-juice carefully but as of yet have not found any other ways around it. I will be getting a lawyer to examine the document to see if he can give me some insight.

...

As much as I Hate Lawyers, I think it would be Wise to consult with one.

What may work in the USA doesn't mean it will work where you are. And Visa Versa.