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Is it lеgаl tо sеll hоmеmаdе vаpе juiсе?

Discussion in 'Vape Talk' started by Jack Benoit, Mar 20, 2016.

  1. Jack Benoit

    Jack Benoit Member

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    Is it lеgаl tо sеll hоmеmаdе vаpе juiсе?
    I hаvе а friеnd thаt hаs stаrtеd sеlling his оwn vаpе juiсе. Hе just gоt аskеd by а lосаl соmpаny tо stаrt sеlling his juiсе in plасеs аrоund my аrеа. Is it lеgаl fоr him tо dо thаt? Whаt аrе sоmе оf thе lаws/prоblеms hе mаy fасе in dоing sо? Аs оf right nоw this соmpаny is wаnting tо purсhаsе 2100 bоttlеs оf his prоduсt аnd sеll it thrоughоut thе аrеа. Shоuld hе gеt а lаwyеr? Dоеs hе nееd аny kind оf lеgаl pаpеrwоrk tо dо this? I'm surе thеrе is а lоt tо knоw, аnd I wаnt tо mаkе surе еvеrything hе dоеs is оn thе up аnd up аs wеll аs mаking surе hе dоеsn't gеt sсrеwеd оvеr by this соmpаny. Thаnks.
     
  2. Sirvapealot

    Sirvapealot Member

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    It would be definitely illegal if you didn't have a license. You need a business license, and possibly approval from the FDA. I'm not sure it would be wise to go forth with this venture unless you sought out legal help first.
     
  3. Destinyosbourne

    Destinyosbourne Member

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    That depends on where your friend lives. Some states have stricter regulations than others, and in some states you don't need anything. It's best to look up your local laws, as laws on making and selling vape juice vary WIDELY.
     
  4. ejorman1010

    ejorman1010 Member

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    I would imagine you need some type of license to sell things, especially if it's any significant amount of stuff. If you are just selling a few things on ebay, then you probably don't need to worry, but if you are essentially making a decent living, you will have to apply for business permits and stuff of that nature. Every area is different though.
     
  5. ejorman1010

    ejorman1010 Member

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    I wonder if you need a license specifically to sell vape juices. Has the gov't categorized vape juice similarly to cigarettes. You absolutely need a license to sell cigarettes, but I'm not sure about vape juices.
     
  6. oportosanto

    oportosanto Member

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    That's a good question that is being raised here and most likely the answer is no as there are quite a few certification processes that cannot be made at home.
     
  7. pwarbi

    pwarbi Active Member

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    While I'm not 100% certain, I'd say with all the laws and strict regulations that are imposed on the vaping industry these days, not only is it illegal to sell your own custom made juices, it's probably an offence that could get you in to a lot of trouble aswell.
     
  8. elatedmist

    elatedmist Member

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    Although ejuices ingredients are a mistery for nobody. State laws forbids even minor business to sell e-cigs and related merchandise. Therefore that move probably arouse legal issues.
     
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  9. pwarbi

    pwarbi Active Member

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    I think you're right there, and just because people might know how to do it, and even use what they've made personally, selling it is an whole different issue.

    I'd also be concerned about the health aspect aswell, and in the unlikely event that a person did become ill from what you've made and sold, you could be in a lot of trouble.
     
  10. missvape

    missvape Active Member

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    Is it lеgаl fоr him tо dо thаt?
    • Well, the truth is, vape in general is unregulated so he might be able to get away even without the proper licenses or permits. But I would advice you to tell him to hire a lawyer so he can know the legalities of creating his own business.
    Whаt аrе sоmе оf thе lаws/prоblеms hе mаy fасе in dоing sо?
    • One potential problem is the liability he might face. For one, his homemade juices aren't FDA approved so if someone claims about his products, then he must answer to them. Another one is about the taxes, the government would be too strict on this aspect. Again, you need to consult a lawyer regarding this issue. Only he knows what exactly you have to do.
    Аs оf right nоw this соmpаny is wаnting tо purсhаsе 2100 bоttlеs оf his prоduсt аnd sеll it thrоughоut thе аrеа. Shоuld hе gеt а lаwyеr?
    • Yes, a lawyer is very much essential so he can know his boundaries, rights and the laws.
    Dоеs hе nееd аny kind оf lеgаl pаpеrwоrk tо dо this?
    • A few things he might need: business permit, insurance, LLC, personal liability documents, some approval that his juices are safe and a name for his products.
    I hope this helps!
     
  11. Okaviator

    Okaviator Member

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    I would suggest that your friend just goes through with getting paperwork. The FDA will quickly discover him if he is selling in local stores.
     
  12. genevb

    genevb Member

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    It definitely is, and yes he should get a lawyer because he'll need it, and better have it sooner than later. Everything you make at home, it's illegal to sell unless you get all kinds of authorization, pay your taxes for those sale, and also get invoice for every client who buys from you.
     
  13. ZXD22

    ZXD22 Member

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    You would need a business license to do that. Most things to sell nowadays you need a license to sell and stuff and things can go very iffy with the law if you get caught selling homemade vape juices without that license. They aren't too bad. Look them up at your states congress page.
     
  14. FenWoFon

    FenWoFon Member

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    I do not really think that it is going to be the same, neither legal because it does not content the same components the frabric-made ones have, also you are not sending it to quiality control, the point is that I do not really think it is legal if you're looking to sell them, if it is for your own use then it is okay.
     
  15. CaptainOblivious

    CaptainOblivious New Member

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    First off, laws differ by country so as a result it may or may not be legal to sell juice that you have made at your own house. For example, in my country it is is illegal due to the simple fact that you need to have proper quality control in place and also proper certification. I would suggest looking up the laws relevant to you first before you start making or selling any. It's better to be safe than sorry.
     
  16. ejorman1010

    ejorman1010 Member

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    This sounds about right. Vaping is getting more attention lately in the public and in terms of the law, but it is still largely unregulated. He's more likely to get in trouble in terms of the business, rather than the selling e-juice part.
     
  17. oportosanto

    oportosanto Member

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    Well said, I mean, we need to be licensed to work in a certain area mainly for the safety of the consumers.
     
  18. pwarbi

    pwarbi Active Member

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    With vaping also coming under scrutiny more and more aswell these days, not only could a person get themselves in trouble and the people they've sold to, but it could get vaping a bad name in general if people start thinking we're all concocting mad juices in our garages.
     
  19. Gemma Rowlands

    Gemma Rowlands Member

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    There would be no way that I would want to do this whether it was legal or not, because I would know that I didn't have the training or the information to use in order to be absolutely sure that what I was selling was safe, so for this reason I would never want to sell it to anybody. In my opinion, you should never try to mess around with something that could impact the health of another person, and for this reason you should only ever buy fluid from a proper company.
     
  20. pwarbi

    pwarbi Active Member

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    There are no doubt some safety issues to making your own juices, and its important not to forget that at the end of the day we're going to be inhaling these into our bodies.

    Although having said that, if we've smoked cigarettes in the past, we've probably inhaled a lot worse!
     

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