Electronic Nicotine Delivery Systems (ENDS) products

When you sell Electronic Nicotine Delivery Systems (ENDS) products through Shopify, you need to comply with the laws and regulations that apply to your business. These laws and regulations depend on the region where your store is located and the region where you sell. Use the information on this page to learn about laws and regulations that might apply to your business.

ENDS products are also known as vapes, e-cigarettes, e-liquids, and e-juice. ENDS products are regulated in most countries, and some countries prohibit ENDS sales. If you violate an ENDS law in any jurisdiction where you conduct business, then Shopify might remove products or terminate your online store.

Caution

This page provides general information to merchants regarding ENDs products as a starting point for your own research. You're responsible for reviewing this information and applying it to your business. This content doesn't contain, and isn't meant to provide, legal advice.

To sell products using the Shopify platform, you must comply with the laws of the jurisdiction of your business and your customers, the Shopify Terms of Service, and any other applicable policies. If you have questions about the law in your store or customer’s locations, then you may wish to consult a lawyer for advice.

Laws and regulations for selling ENDS products in the United States (US)

If your business is located in the United States, or if you sell ENDS products to customers in the United States, then you're required to follow all federal, state, and local laws in any jurisdiction where your ENDS products are advertised or sold. These include Food and Drug Administration (FDA) regulations, and state laws and regulations around advertising, marketing, the sale of ENDS products to minors, and flavored e-cigarettes.

If you sell ENDS products, or any associated juice, part, kit, or accessory, in the United States, then you also need to follow the Prevent All Cigarette Trafficking (PACT) Act.

If you sell or ship ENDS products within or to the United States, then consider the following PACT Act requirements:

• Verify the age of your customer by using a commercially available database.
• Register your business with tobacco tax administrators if you're selling in states that tax vaping products.
• Register your business with the United States Attorney General.
• Use a private shipping service that collects an adult signature at the point of delivery. You can't use the United States Postal Service (USPS) to ship ENDS products.
• Maintain records for five years of any delivery that was interrupted because the carrier of service determined that your business was in violation of the PACT Act.

Resources about selling ENDS products in the United States

You can find specific information online about selling ENDS products in the United States, including the following resources:

• Enforcement Priorities for Electronic Nicotine Delivery System (ENDS) and Other Deemed Products on the Market Without Premarket Authorization
• FDA's Deeming Regulations for E-Cigarettes, Cigars, and All Other Tobacco Products
• FDA Information on Vaporizers, E-Cigarettes, and other Electronic Nicotine Delivery Systems (ENDS)

Laws and regulations for selling ENDS products in Canada

If your business is located in Canada, or if you sell ENDS products to customers in Canada, then you're required to follow all applicable provincial, territorial, and municipal laws in any jurisdiction where your ENDS products are advertised or sold. In Canada, ENDS products are regulated at the federal and provincial level.

If you sell ENDS products, or any associated juice, part, kit, or accessory, in Canada, then you should review the following resources:

• Tobacco and Vaping Products Act
• Consumer Product Safety Act
• Food and Drugs Act

Provinces in Canada have additional requirements for ENDS, including but not limited to the following requirements:

• how you can advertise ENDS products
• how much nicotine content is allowed in the ENDS product
• prohibiting the sale of flavored ENDS products
• tax requirements for ENDS products

If you sell or ship ENDS products in Canada, then consider the following requirements:

• Don't sell or advertise ENDS products to minors.
• Don't sell ENDS products using an online platform in Quebec.
• Make sure that your ENDS product packaging follows the Vaping Products Labelling and Packaging Regulations.

Resources about selling ENDS products in Canada

You can find specific information online about selling ENDS products in Canada, including the following resources:

• Industry Guide to Vaping Products Subject to the Canada Consumer Product Safety Act
• Canadian ENDS Product Regulations

Laws and regulations for selling ENDS products in the European Union (EU)

If your business is located in the European Union, or if you sell ENDS products to customers in the European Union, then you're required to follow the Tobacco Products Directive 2014/40/EU (TPD).

Each European Union member state imposes its own laws on ENDS products and has different requirements for ENDS, including but not limited to the following requirements:

• Registration requirements before selling ENDS products across a European Union country’s border.
• Adding health warnings on your ENDS products that tell customers that the product contains nicotine and shouldn't be used by people who don't smoke.
• How you can advertise, market, and sell ENDS products.
• How much nicotine content is allowed in the ENDS product.
• How an ENDS product needs to be labeled.

Resources about selling ENDS products in the European Union

You can find specific information online about selling ENDS products in the European Union, such as the European Commission Guidance on Electronic Cigarettes.

Laws and regulations for selling ENDS products in the United Kingdom (UK)

If your business is located in the United Kingdom, or if you sell ENDS products to customers in the United Kingdom, then you're required to follow all applicable federal, county, and local laws. These include the rules and regulations set by the Department of Health and Social Care, and the Advertising Standards Authority.

If you sell ENDS products, or any associated juice, part, kit, or accessory, in the United Kingdom, then you also need to follow the guidelines and regulations implemented by the Medicines and Healthcare Products Regulatory Agency (MHRA), which include the Tobacco and Related Products Regulations (TRPR) and the Tobacco Products and Nicotine Inhaling Products (Amendment) Regulations.

Each governmental department has different requirements for ENDS, including but not limited to:

• how you can advertise, market, and sell ENDS products
• how much nicotine content is allowed in ENDS products
• health claims about ENDS products
• labeling requirements for ENDS products

If you sell or ship ENDS products in the United Kingdom, then consider these commonly cited requirements:

• Don't sell ENDS products to any person under the age of 18.
• Don't add any medicinal claims to your online store, including smoking cessation claims, unless your ENDS product is authorized for medicinal purposes by the MHRA.
• Register as a cross-border retailer before you sell or ship ENDS products between two or more jurisdictions, such as Great Britain to Northern Ireland, or Great Britain to the European Union.

Resources about selling ENDS products in the United Kingdom

You can find specific information online about selling ENDS products in the United Kingdom, including the following resources:

• ENDS Policy, Regulation and Guidance
• ENDS Regulations for Consumer Products
• ENDS Marketing Guidance in the United Kingdom
• Licensing Procedure for ENDS products as Medicines

Laws and regulations for selling ENDS products in Australia

In Australia, ENDS products that contain nicotine are regulated as therapeutic goods. They can only be sold by a licensed pharmacy to customers with a prescription until October 1, 2024, at which time pharmacies can sell ENDS products to customers without a prescription.

Resources about selling ENDS products in Australia

You can find specific information online about selling ENDS products in Australia, including the following resources:

• The Australian Government's Department of Health information about e-cigarettes
• E-cigarette laws in Australia

Laws and regulations for selling ENDS products in New Zealand

You can find specific information online about selling ENDS products in New Zealand, such as the Ministry of Health New Zealand - Vaping, herbal smoking and smokeless tobacco products regulation.