FDA Requires Photo ID for Online Sales of Vape Supplies
Posted on 13 August 2016
EDIT: BlueCheck Age Verification has proven to be quite flawed. Please see our latest blog post for an explanation of why we have removed BlueCheck Age Verification plugin.
The Tobacco Control Act gave FDA immediate authority to regulate cigarettes, cigarette tobacco, roll-your-own tobacco, and smokeless tobacco. On May 10, 2016, FDA issued a final rule extending its tobacco product authority to all tobacco products (except for accessories of newly deemed tobacco products), including electronic nicotine delivery systems (ENDS) – such as e-cigarettes and vape pens – all cigars, hookah (waterpipe) tobacco, pipe tobacco, nicotine gels, and certain dissolvables.(1)
August 8, 2016 the FDA Deeming Regulations officially went into effect.(2) A major part of the deeming regulations is the section on preventing youth access to “tobacco products” (including e-liquids and vaping accessories). These regulations prevent the sale to individuals under 18 years old, prevent retailers and manufacturers from providing free samples, and prevent the sale of all “tobacco products” from being sold in vending machines.(3)
Although Vapejoose.com has never permitted the sale of e-liquid or vaping accessories to minors, and does not encourage underage use, we are now required to ID every individual under the age of 27. Since there is no reasonable way to assume that an online user is over the age of 27, we are forced to ID all individuals attempting to purchase from our site. The FDA is very clear on this issue: ID EVERY PERSON, EVERY TIME. International customers will not be subject to these new FDA regulations or age verification requirements.
Vapejoose.com has partnered with BlueCheck.me to provide a seamless option for verifying your age; if you are a US citizen you will have to submit government-issued photo identification along with a “selfie” of you in possession of your license. BlueCheck.me is an age-verification plugin that is fully compliant with the new FDA regulations as well as individual state regulations to ensure you are of legal age in your state to purchase e-liquid.
In compliance with the PACT Act(4) we are required to use a third party age verification system to capture your identification and verify your age. BlueCheck.me uses commercially available databases or aggregate of databases, consisting primarily of data from government sources, that are regularly used by government and businesses for the purpose of age and identity verification and authentication, to ensure that the purchaser is at least the minimum age required for the legal sale or purchase of tobacco products, as determined by the applicable law at the place of delivery.
BlueCheck.me captures and stores your information in compliance with the Department of Homeland Security publication 4300A Sensitive Systems Handbook regarding sensitive PII.(5)
Once your age has been verified on Vapejoose.com you will NOT need to submit your identification again. BlueCheck.me has a system in place to automatically validate your orders after your initial verification. To repeat, this is a ONE-TIME verification process and is now required by ALL online e-liquid retailers.
We understand the hassle of having to verify your age online, and we appreciate your understanding as we try our hardest to be in compliance with all these new laws and regulations and appreciate your patience as we verify your age.
Stay tuned to Vapejoose.com for the latest updates on the FDA Deeming Regulations and other laws that will affect the vaping community.
- Center for Tobacco Products Compliancy Flyer - http://www.fda.gov/downloads/TobaccoProducts/GuidanceComplianceRegulatoryInformation/UCM501016.pdf
- FDA Regulations - Section 1140.2 Purpose - https://www.federalregister.gov/articles/2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the
- FDA Ecig/Vape Flyer - http://www.fda.gov/downloads/TobaccoProducts/Labeling/ProductsIngredientsComponents/UCM499168.pdf
- PACT Act - https://www.govtrack.us/congress/bills/111/s1147/text/enr#link=2_c_~Q1_2A_b_4_A_iii_II_~T1&nearest=id0e5fbfa9-ff69-491c-bd7f-b1ab748ddaaf
- DHS 4300A Sensitive Systems Handbook - https://www.dhs.gov/sites/default/files/publications/4300A%20Sensitive-Systems-Handbook-v12_0-508Cs.pdf