{"id":4927,"date":"2016-08-12T15:07:52","date_gmt":"2016-08-12T15:07:52","guid":{"rendered":"https:\/\/evssolutions.com\/understanding-the-age-verification-requirements-of-the-fda-deeming-rule\/"},"modified":"2023-04-18T20:28:55","modified_gmt":"2023-04-18T20:28:55","slug":"understanding-the-age-verification-requirements-of-the-fda-deeming-rule","status":"publish","type":"post","link":"https:\/\/evssolutions.com\/insights\/understanding-the-age-verification-requirements-of-the-fda-deeming-rule\/","title":{"rendered":"Understanding the Age Verification Requirements of the FDA Deeming Rule"},"content":{"rendered":"

EVS has been working with many clients in the Vapor<\/a> industry recently as they work to get in compliance with the regulations newly applicable to them under the FDA\u2019s Deeming Rule.  There is a significant amount of confusion (and misinformation) within the industry, particularly for online retailers of newly deemed products. <\/p>\n

For their part, the FDA itself does not seem to be inclined to provide clear guidance for online retailers.  The majority of guidance for retailers published on the FDA\u2019s site is geared towards traditional \u201cBrick and Mortar\u201d retailers.  The one bit of guidance specifically geared towards online retailers provided by the FDA states the following: <\/p>\n

\u201cFDA does not intend for section 1140.14(b)(3) to prohibit the sale of tobacco products via the Internet, but the sale of covered tobacco products via any medium, including the Internet, must only be to persons 18 years of age or older. Therefore, any sale of covered tobacco products over the Internet must comply with the minimum age and identification requirements in this rule.\u201d<\/p>\n

For online retailers struggling to understand the \u201cminimum age and identification requirements in this rule\u201d, this statement does little to assist. <\/p>\n

At this point I must make the standard disclosures: EVS is not a law firm, and cannot provide legal advice.  Nothing contained within this post should be considered legal advice, and businesses should consult an attorney for clarification on any matters of law. <\/p>\n

To help our clients and other businesses currently struggling to understand the compliance requirements, we have summarized our reading of the applicable regulations below with references so you can review the regulations directly.<\/p>\n

The rule referenced in the FDA\u2019s statement is CFR 1140.14.  In the full text for 1140.14 (link below) there are two exceptions noted for the picture ID requirement \u2013 the first exemption is for consumers over the age of 26, and the other is mail order sales, referenced as \u00a71140.16(c)(2)(i) (second link listed below)<\/span><\/p>\n