Vapor Businesses Need to Step Up Age Verification

With the growth in use of vaporizers and e-cigarettes it is an exciting time for the Vapor industry.  Unfortunately the excitement is tempered by uncertainty, with the looming threat of the proposed FDA deeming rule and questions regarding the long term shipping and payment processing environment for businesses in the industry.


While there are many unknowns regarding the regulations that the vapor industry will be forced to abide by in the future, age restrictions for vapor products are relatively clear.  Nearly every state has passed regulations specifically prohibiting sale to minors, and several states have regulations pending or already in place that define specific requirements for age verification.  Some companies (including EVS clients within the vapor industry) have stepped up to the plate to ensure their products are not sold to minors in any state – displaying how online sales of Vaporizers, eJuice, and eCigarettes can responsibly ensure that minors are protected. 

Unfortunately some companies in the industry are lagging behind (or completely disregarding) the regulations.  Beyond the financial and legal risks this creates for their own businesses, failure to perform true age verification for online sales of Vapor products also represents a threat to the industry as a whole.  Public comments submitted to the FDA frequently reference the ability of minors to purchase eLiquids, and companies that fail to verify the age of all customers provide the anecdotal evidence those opponents of the Vapor industry need to make their point. 

In some cases the failure of these businesses to adequately verify the age of their customers is an oversight or lack of information (i.e. businesses that mistakenly believe requiring users to click an 18+ button is age verification).  In other cases businesses are intimidated by anticipated high costs or complexity of age verification.  The reality is real age verification can be simple and affordable for businesses of any size, and getting age verification in place can protect both their business and the industry at large. 

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