Is licensing required to sell vape juice?

E-liquids Beginners
1

Hey everyone, I was just curious if there are any licensing requirements for making and selling vape juice?

I haven’t found any solid answer after searching the internet for a few days and I’m hoping someone can shed some light.

I know I would need a business with an EIN and a tax ID number but when I searched Ohio regulations it stated that a retail license was not required. I didn’t find anything on a manufacturing license requirement either.

Thanks,

Adam

2 Likes
2

The short answer is “Yes” the federal government looks at those that make e-juice as a tobacco manufacture and you have to have a tobacco license if your doing more than resaleing another companies manufacturer juice.

3 Likes
3

and your labels have to have a ton of info on them, perhaps @zerohimself could help w/ that

2 Likes
4

Vape shops that mix, prepare, or combine liquid nicotine and other components of tobacco products meet the definition of a “tobacco product manufacturer” under the law, and are therefore subject to the same legal requirements as all other tobacco product manufacturers.

If a vape store is not mixing, preparing or combining any products then that store may be considered a retailer, not a manufacturer. Certain requirements apply only to manufacturers, such as requirements relating to establishment registration, product listings, and premarket applications. Visit our new Manufacturer hub and new Retailer hub for additional information.

2 Likes
5

I hate to be a pain. Where are the manufacturer and retailer hubs? I’m still newer to this site and don’t navigate too well.

1 Like
6

Manufacture hub:

Retailer hub:
https://www.fda.gov/TobaccoProducts/GuidanceComplianceRegulatoryInformation/Retail/default.htm

2 Likes
7

Thank you very much. You’ve been a huge help!!

1 Like
8

But what if I’m using lab made nicotine in my juices and not nicotine pulled from tobacco? No part of My e juices come from tobacco so do I need a license

1 Like
9

My understanding is that anything VAPE related falls under the same restrictions

3 Likes
10

I’m not a lawyer, but if I read things correctly, if your e-juice is 100% water you would still need a license because it is considered vape related.

5 Likes
11

No part of a vaporizer or atomizer comes from tobacco, but they are still deemed to be “tobacco products” by the FDA.

3 Likes