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10-17-2011, 02:13 PM
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#1 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| I just have no idea where to get info on this. 
Selling e-juice that's made on-site or basically, by the company (using procured ingredients, of course, those wouldn't be made on site). If it's made under a corporation and labeled properly, etc, are there any other actual legal barriers to be concerned about? ie: licenses, etc. Or is it just...package, label, and sell it no problem?
Ok. Thanks for the help!
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10-17-2011, 06:07 PM
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#2 | | Gangsta Chimp Join Date: Jun 2010 Location: Joplin, MO - USA
Posts: 1,321
| Haha, I just got an image of a kids lemonade stand, but with juice. Sorry, I can't answer your question, I just had to post about it. | |
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10-17-2011, 06:19 PM
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#3 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| Quote:
Originally Posted by quasimod  Haha, I just got an image of a kids lemonade stand, but with juice. Sorry, I can't answer your question, I just had to post about it. | right? xD I seriously feel like that though. I don't want to go to jail over legal technicalities. how dumb would that be.
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10-18-2011, 06:31 PM
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#4 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| *twiddles thumbs*
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10-18-2011, 06:40 PM
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#5 | | Senior Member Join Date: Sep 2010 Location: In Your Dreams
Posts: 3,601
| Quote:
Originally Posted by Greenpiece *twiddles thumbs* | You need an attorney.....  | |
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10-18-2011, 07:01 PM
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#6 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| Quote:
Originally Posted by Rose You need an attorney..... | No! they just like money, they don't care about giving legal advice. >.< at least, from my experience.
It's like seeing a psychic. "if you pay me more money, I'll tell you more about your future." *hah*!
I think I got some legitimate answers elsewhere...ie: register with the fda at least, so they don't say I never tried to get permission. I don't see that anything else would be needed per se.
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10-18-2011, 07:03 PM
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#7 | | Senior Member Join Date: Sep 2010 Location: In Your Dreams
Posts: 3,601
| Quote:
Originally Posted by Greenpiece No! they just like money, they don't care about giving legal advice. >.< at least, from my experience.
It's like seeing a psychic. "if you pay me more money, I'll tell you more about your future." *hah*!
I think I got some legitimate answers elsewhere...ie: register with the fda at least, so they don't say I never tried to get permission. I don't see that anything else would be needed per se. | Good luck, girl friend!  | |
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10-19-2011, 10:10 AM
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#8 | | Senior Member Join Date: Jun 2010 Location: Michigan
Posts: 228
| I inquired of the state of Michigan before I started.......they answered that they do not consider eliquid to be a tobacco product, therefore there is no licensing or tax to collect.....they also do not consider it to be food product, so there are no regulations related to that......you may wish to inquire of your own state's rules......generally speaking, if you sell on the internet you only need to comply with the rules of the state where it is manufactured......
my biggest concern is with people who let their children or pets drink a bottle of eliquid and then sue.....
and, since I am an attorney please send one 30ml bottle of ejuice as my fee.....
Last edited by CartHeadMod; 10-19-2011 at 10:12 AM..
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10-19-2011, 12:25 PM
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#9 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| Quote:
Originally Posted by CartHeadMod I inquired of the state of Michigan before I started.......they answered that they do not consider eliquid to be a tobacco product, therefore there is no licensing or tax to collect.....they also do not consider it to be food product, so there are no regulations related to that......you may wish to inquire of your own state's rules......generally speaking, if you sell on the internet you only need to comply with the rules of the state where it is manufactured......
my biggest concern is with people who let their children or pets drink a bottle of eliquid and then sue.....
and, since I am an attorney please send one 30ml bottle of ejuice as my fee..... | LoL @ ejuice fee. That's actually a kinda low fee. 
yeah, a kid or animal drinking e-liquid would be bad. Would that be remedied by a simple warning on the label? Maybe I could get skull and crossbones poison stickers for the containers.
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10-19-2011, 04:31 PM
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#10 | | Couldnt take it anymore Join Date: Sep 2010 Location: Mod impersonation carries a stiff penalty YKWYA
Posts: 10,761
| I dont know how much of this will be applicable but you may want to look at it anyway http://www.fda.gov/TobaccoProducts/G.../ucm198169.htm
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11-02-2011, 08:42 PM
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#11 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| I just wanted to bump this. I got an attorney. buahaha. Had to happen. :-|
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11-05-2011, 01:37 AM
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#12 | | Hypervaporation in effect Join Date: Sep 2011 Location: Deep in the Heart of the greatest state in the Union
Posts: 1,516
| I just read this. Over a year old but the FDA clearly intends to do what it does. Do not know that this is pertinent to what you are doing but I had not read it before so.. Everything on the site started to piss me off. You can just feel the arrogance. The page the link was from is: http://www.fda.gov/NewsEvents/Newsro.../ucm225224.htm
They sent out the letter to: Quote: |
The companies receiving warning letters today are: E-CigaretteDirect LLC, Ruyan America Inc., Gamucci America (Smokey Bayou Inc.), E-Cig Technology Inc. and Johnson’s Creek Enterprises LLC.
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September 8, 2010
Mr. Matt Salmon
President
Electronic Cigarette Association
1401 K Street, N.W., Suite 600
Washington, DC 20005
Dear Mr. Salmon:
FDA today has taken enforcement action against five distributors of electronic cigarettes and related components, for practices which violate various provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). The warning letters issued today involve violations of good manufacturing practices, making unsubstantiated drug claims, and using the devices as delivery mechanisms for active pharmaceutical ingredients like rimonabant and tadalafil. (Lose weight.. gain an erect***?)
FDA intends to regulate electronic cigarettes and related products in a manner consistent with its mission of protecting the public health. FDA has determined that the electronic cigarette products addressed in the warning letters described above, and similar products, meet the definitions of both a drug and device under the Act and the definition of a combination product in 21 C.F.R. Part 3, with a drug primary mode of action.1 Firms which introduce these products into the marketplace will have to comply with the FDCA, including the drug approval process as explained below. FDA invites electronic cigarette firms to work in cooperation with the agency toward the goal of assuring that electronic cigarettes sold in the United States are lawfully marketed.
The regulation of drugs in the United States (that are not part of FDA’s Over-the-Counter Drug Review) is governed by the New Drug Application (NDA) process. The NDA is the vehicle through which drug sponsors formally propose that FDA approve a new pharmaceutical drug product for sale and marketing in the United States. Prior to filing an NDA, a firm submits to FDA an Investigational New Drug application (IND) in order to lawfully gather data on investigational products during animal studies and human clinical trials.2
| - Don't get me wrong. The FDA is needed. They just seem to overlook things I feel like are more important and spew out this bs instead. It seems to me that they just got their panties all bunched up because the companies aren't paying their due homage to the GREAT FDA.
__________________ Drip that tip, to wet the wire. Now vape that juice, no need for fire  Hypervaporation effect in effect
Last edited by wetwire; 11-05-2011 at 01:40 AM..
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11-05-2011, 12:14 PM
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#13 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| Quote:
Originally Posted by wetwire I just read this. Over a year old but the FDA clearly intends to do what it does. Do not know that this is pertinent to what you are doing but I had not read it before so.. Everything on the site started to piss me off. You can just feel the arrogance. The page the link was from is: http://www.fda.gov/NewsEvents/Newsro.../ucm225224.htm
They sent out the letter to:
- Don't get me wrong. The FDA is needed. They just seem to overlook things I feel like are more important and spew out this bs instead. It seems to me that they just got their panties all bunched up because the companies aren't paying their due homage to the GREAT FDA. | .......
erection juice? (lol)...
warnings should never contain invitations either. That's like punching a guy and asking if you can be best friends while he's still on the ground.
Thanks for finding this. It definitely puts some perspective on this as a potential problem.
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04-15-2012, 09:17 AM
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#14 | | Junior Member Join Date: May 2010 Location: Orlando
Posts: 3
| One thing that is continually overlooked is that all of the FDA's warped positions are geared toward manufacturers of e-liquid or e-cigarettes. If an online seller or brick and mortar store is simply selling something manufactured by someone else, it is an altogether different thing.
During the huge class action lawsuits against various tobacco cigarette manufacturers, no retailer was ever named in a suit. Your local grocery store, 7-11 convenience store, WalMart and pharmacy all escaped litigation.
So, the questions is, is it really worth it to flavor and/or brand your own e-liquid? I, personally, wouldn't even consider it. Plenty of money can be made selling what is already made by various manufacturers. Let them bear the legal responsibilities! | |
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04-15-2012, 10:22 AM
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#15 | | Member Join Date: Oct 2011 Location: NYS
Posts: 54
| Thank you Yogiman! Very insightful. ^_^
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