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Legality of sending flavor shots

Can someone answer this for me? I’ve been researching for a week and not finding the answers I need (obviously not looking in the right place) Can you legally send flavor shots (no nicotine, only pg and flavor concentrates) to people. Obviously I KNOW you can give away flavor concentrates, but I’m talking about pre-mixed flavor concentrates. I’m working on an idea for my show and need to know what I’m ‘publicly’ allowed to do.

To give a reference … say I was mixing up someone’s recipe and wanted to have a giveaway of that so the winner could try it. Is it legal?

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Hey Michelle I’m unsure i’ll see if i can find anything :slightly_smiling_face:

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Thanks so much I’m drawing a blank on every search engine on this topic :heart_eyes:

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Can’t really find anything but this site mite be able to help ill keep looking for you :slightly_smiling_face:

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I would suggest it is exactly the same as concentrates @authormichellehughes it is just still flavouring.

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Beat me to it. It’s akin to shipping a bottle of vanilla extract or olive oil, I would think.

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You can send anything you want in the mail (with the right documents, if those are needed), Michelle.

Based on what you want to do…

I would suggest grab a business license, ins and look into LLC… in case something goes wrong and someone gets lawsuit happy. Up to you. As of now, there isn’t much anyone can do to stop you. I would say keep an ear out, as I do know they are cracking down on mail via scans etc… only a matter of time before someone does some dumb crap and ruins it for everyone. This is why I am pushing for my shots to “go legit” thru a reputable company. I suggest anyone looking for that, to find your own path.

Stay safe and protect yourself. Happy idea but people can be dumb.

I would also check in with the recipe author and make sure it is alright to do giveaways with their recipes… just a nice thing to do… I know I already told you if any of my public ones are what you want… go for it…

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Okay thank you guys!!! My thought was mix up a great recipe. Bottle up just the flavors and give it away to a winner.

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That would be fantastic I’d enter for sure would it be a toc original recipe?

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I would say you could easily say this is a flavoring for baking or mixing drinks, if asked.

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I have an LLC for publishing… I’ll look into the other :slight_smile:

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That is true only us ELR family would know and the winner wouldn’t say anything and would back the story

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Michelle just mix the concentrates , no VG No PG no NIC and you should be ok…Once you add any of the other Bases you have manufactured imo

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Yeah that sounds like a plan and would be cheaper to mail also

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I agree with @SmokyBlue. I don’t think there would be an issue shipping but best to protect yourself from the receiver. Once you mix it and ship it as a giveaway you become the producer of said product.

All of which is different from sending something to friend or person online for free.

I know that the above is a fine line but one I wouldn’t cross without legal protection.

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It’s all in the wording of each state or other jurisdiction “decrees”. I’ve yet to read any fully implemented decree. The drafts of some such as MA seem very akin to “drug” laws although I did not read anything regarding transportation across state lines and other possible stipulations. Right now I would avoid posting or otherwise publishing any plans simply to avoid complications. What no one needs is for some trolling flavor pig to tag them in anticipation of a flavor sting. Staying under the radar would be a good approach.

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Sounds great Michele. All I can help out with is my own state. Far as I know, the Feds haven’t imposed specific regulations so it’s falling on the states if they want to do something. Better yet, do nothing.

https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ma

Oh and here’s info on other states:

https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review

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:+1: Can’t say that any better.

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