Electronic Nicotine Delivery Systems (ENDS)

Use this page to learn about some Electronic Nicotine Delivery Systems (ENDS) laws that you might apply to your business. These laws vary by region.

ENDS products are also known as vapes, e-cigarettes, e-liquids, and e-juice. You can grow your business and reach new customers by selling and delivering ENDS products in several jurisdictions. If you violate an ENDS law in any jurisdiction where you conduct business, the Shopify may remove products or terminate your online store.

United States (U.S.)

If your business is located in the United States, or you're selling 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 flavoured 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. The PACT Act doesn't apply if you're selling products that have been approved as a tobacco cessation product by the Food and Drug Administration.

If you sell or ship ENDS products, then consider these commonly cited 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 or had reason to believe that your business was in violation of the PACT Act.

ENDS resources

You can find specific information online about selling ENDS products in the United States, such as:

Canada

If your business is located in Canada, or you're selling 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. Before you sell an ENDS product in Canada, you should review all applicable pieces of legislation because ENDS products are predominantly regulated at the provincial level.

If you sell ENDS products, or any associated juice, part, kit, or accessory, in Canada, then you must also follow the Tobacco and Vaping Products Act, the Consumer Product Safety Act, and the Food and Drugs Act.

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

  • How you can advertise ENDS products
  • How much nicotine content is allowed in the ENDS product
  • Selling flavoured ENDS products
  • Tax requirements for ENDS products

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

  • Don't sell or advertise ENDS products to minors.
  • Don't sell or ship ENDS products between two or more provinces.
  • 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.

ENDS resources

You can find specific information online about selling ENDS products in Canada, such as:

United Kingdom (UK)

If your business is located in the United Kingdom, or you're selling ENDS products to customers in the United Kingdom, then you're required to follow all applicable federal, county, and local laws in any jurisdiction where your ENDS products are advertised or sold. 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 the ENDS product
  • How you can add health claims about an ENDS product
  • How an ENDS product needs to be labelled

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.

ENDS resources

You can find specific information about online about selling ENDS products in the United Kingdom, such as:

European Union (EU)

If your business is located in the European Union, or you're selling ENDS products to customers in the European Union, then you're required to follow the Tobacco Products Directive 2014/40/EU (TPD). Before selling an ENDS product in the European Union, you should review all applicable pieces of legislation, including the laws of any member state where you intend to sell your products.

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

  • You can only legally sell ENDS products online to two or more countries that are a part of the European Union if you're a registered retailer.
  • You need to add 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 labelled.

ENDS resources

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

Australia

In Australia, it's illegal to sell ENDS products that contain nicotine.

ENDS resources

You can find specific information online about selling ENDS products in Australia, such as:

New Zealand

Starting August 2021, new regulations governing ENDS products in New Zealand will become available. In the meantime, you should follow the Smokefree Environments and Regulated Products (Vaping) Amendment Act 2020.

Learn more about ENDS product laws in New Zealand.

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