Hey guys, what are the CURRENT laws from selling ejuice that you make from home? Any help would be appreciated.
If I recall, if you’re selling juice that you make, then you fall under the “manufacturer” title of the FDA regulations. There’s no “small batch” loop hole there. Once you’ve exchanged money for juice, you’re on the hook to follow any and all regulations.
Now, if you were to give juice away, and friends/family offer to donate money for replacing the ingredients…
So I can give juice away… which is actually what I wanted to do LOL. I have a DIY page and wanted to do a giveaway … I was worried I’d be slaughtered by some law though if I did it.
For something small like that, but that public? We’re still in the grey area as far as the regulations go, so I’d say go for it. Bear in mind that I am NOT A LAWYER and not a fan of the current regulations, so…
This comes up now and then with my kids wanting me to sell to their friends. The idea I’ve been toying with is only selling 0 nic and calling them flavor drops with instructions for how much to add to your water or iced tea. If they want to vape it, it’s not my responsibility. Sharpie isn’t on the hook for people sniffing markers either.
I looked this up here for the state of Misery (Missouri) if your mixing juice (not just selling prepackaged juice from a company) you have to fill out a form that is 10 pages long for each ingredient that is used in that juice. If you have 5 different ingredients in that juice your going to have 50 pages of accompanying pages on file at the state office for that one juice. I’m not including what is additionally required for the nic involved. I’m also unsure if that means if you wanted to add a percent difference in one of the ingredients if you’d be required to have a different set of pages on file because far as the Fed’s are concerned that would now be a different type of juice from the other one. It appeared to me that it’s designed to discourage people from becoming a manufacturer. If you go to a store and purchase a loaf of bread I don’t believe that that loaf of bread has a file on hand at the state department listing each and every thing in that loaf.
I know there are alot of ELR members legally selling or involved in the FDA approval process who are just keeping their mouths shut and mumbling, " Yeah it blows" If u are doing a giveaway, I would think questions about making the same juice would be asked. I would create a juice that can be bought w/ 1 shot made by ELR members found here http://www.bullcityflavors.com/full-recipe-discounted/ , see it as a win,win ( and no i dont have anything good enuff to make it there just helping out fellow mixers)
i may be wrong , but i understood that technically you could not sell , trade or giveaway , the only thing you were legally allowed to do was make juice for yourself , i may be wrong though you might be able to give it away if @ringling can be summoned he would know
Here I am… Ok, sales of e-Juice, you must have had your product on the shelves already FOR SALE before Aug, 8, 2016. By Jan 1, 2017 you would have had to register with the FDA as a manufacturer and pay a registration fee of approximately $3300. If you did not register with the FDA by the deadline then you missed the boat. You can not in any way (even 0mg nic) blend ejuice and sell it. It is Illegal, no if and or buts…
Trades, giveaways, as a business, absolutely ILLEGAL. As a individual, though I doubt anyone would be knocking on your door for blending for your family and close friends, my guess is the FDA could interpret their rules to include this as illegal as well, should they want to. We all know how laws are written. You need a team of lawyers to interpret them and said law can be bent to any direction they want them to go.
Though I believe no one will be knocking on your door to bust you for blending for family or close friends (NO SELLING), be well aware, the FDA has set up a hotline for anyone to call should they have some type of problem with Vape/Tobacco products. One call would have you in the hot seat and they may be forced to act so I highly recommend sticking with blending for Family and CLOSE FRIENDS only. I also recommend not sending ejuice through the mail. Remember, USPS is a federal entity. If you must ship juice to someone then maybe UPS would be best. They got better things to do than to police for the FDA…
I wouldn’t do a public giveaway. That would technically be illegal from what I understand. Vape shops aren’t even allowed to let people sample juice for free anymore (at least in MN, but I’m pretty sure that’s nation wide).
SMDH. Yeah… For “problems”… Snitch line if you ask me.
Thanks so much guys
thank you hopefully this helps
Yes, nation wide. It is part of the FDA regs. Snitch Line, no doubt there…
There are a few shops in my area where you pay 1 penny a year to sample juice.
Gotta love loopholes!!
The vape shop that I go to charges $1 per visit.
As @VapeyMama said $1 per visit, this is what nearly all Vape Shops charge. Significant enough to keep the FDA off your ass yet affordable to the customer. A penny per year probably wouldn’t fly with the FDA and I hope they are keeping very good records as to who has paid…
Good point. Cool for the customers, dangerous for the shop. I asked my vape shop about doing a yearly sampling subscription for (for more than a penny) and they said they weren’t willing to risk possibly getting in trouble.
IF I win I will sell it for 25 dollars USD
I visit a small vape shop chain in Michigan which still has a legal (0 nic of course) juice bar. Not in my motherland of Indiana tho. Oh no.