Vaping (also known as e-cigarettes) has snowballed over the past decade to become a competing cigarette product. As its popularity has grown, so has its usage among teenagers and children.
Regulators and legislators are employing various tactics to discourage teens from using e-cigarette products. The most common is specifying the age at which consumers can purchase vape products. In addition, the law requires online sellers of vaping products to use age verification technologies to ensure they are not selling to underage clients.
In different countries, regulators treat e-cigarettes as a tobacco product, as a separate category of consumer product, or have no specific regulation for vaping:
Related content: Read our guide to the legal age for smoking (coming soon)
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As of December 20, 2019, federal vaping law set the legal age for purchasing vaping products in all states at 21. However, the new law does not penalize people under 21 for buying, using, or possessing vaping products—it only applies to retailers who sell to underage customers.
Before the new law, the minimum age was 18—specific states could set a higher minimum age, but 31 states had adopted the federal minimum age of 18 and now raised the minimum age to 21. Also, previous state and municipal laws exempted certain groups, such as active-duty military members, but the new federal law canceled these exemptions.
After the FDA issued a new enforcement policy, Congress passed the law that includes a 21-year minimum age for e-cigarettes. The FDA responded to concerns about the dangers of e-cigarettes to teenagers. One of the major concerns was EVALI; a lung illness thought to be caused by vitamin E acetate in vaping products.
In the UK, France, Sweden, Germany, and most of Europe, the legal age for e-cigarettes is 18.
The primary legislation governing vaping products in the European Union is the Tobacco Products Directive (TPD). The introduction of TPD was in 2014, but most of the rules affecting e-cigarettes did not come into effect until 2017. TPD regulations primarily affect manufacturers and distributors of e-liquids, e-cigarettes, and other vapor-based breathing devices.
TPD has implemented several rules for vapor-absorbing products, which relate to e-liquid packaging. These include minimum safety and quality standards, standards for consumer health information, and the implementation of safeguards to prevent children's exposure to e-liquid and other vapor-breathing products.
The main TPD rules that affect e-cigarette users are:
It is illegal to sell vapes, e-cigarettes, or e-liquids to persons under the legal age in most jurisdictions. Therefore, for an online store to be legal, it must be able to identify the age of its customers before selling.
An age verification solution allows vape product retailers to ensure they meet age requirements, avoid fines for selling vape products to underage persons, and ensure a convenient user experience for legitimate buyers.
Online age verification for vape products typically works as follows:
An effective age verification solution performs the onboarding process quickly and conveniently while accurately verifying age to make it difficult for underage clients to purchase vaping products and avoid compliance penalties.
BlueCheck's industry-leading identity verification infrastructure enables merchants to grow their business faster. Serving a wide variety of industries, our solutions are custom-tailored to the unique needs of our customers, including PACT Act and eCommerce compliant offerings.
Schedule a call today with a BlueCheck specialist to learn more about our Age & ID Verification solutions.
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