What is the FDA's role in vape import documentation?
The FDA regulates tobacco products, including vapes. They maintain a public database of registered tobacco product establishments. You can search this to see if a manufacturer or importer is registered with the FDA, which is a good sign they follow federal rules. But registration doesn't mean the product is 'approved'—it just means they've told the FDA they make or sell tobacco products.
How do I check if a vape product is authorized for sale in California?
Check the FDA's database for marketing authorization (PMAs, MDOs, etc.). If a product isn't in the database and hasn't received a marketing denial, it's likely on the market without authorization, which is illegal. Also, California has its own flavor ban (SB 793), so check that the product isn't a flavored vape (except tobacco flavor).
What are common import documentation mistakes that can get online retailers in trouble?
One common mistake is not keeping records of every import, like bills of lading or certificates of analysis. Another is forgetting to update your registrations when you change your product line. Also, some retailers ignore the PACT Act's age verification and shipping rules, which can lead to fines. Always double-check that every product you sell has the necessary paperwork.
Do I need a separate license to sell vapes online in California?
Yes. California requires a tobacco retailer license, even for online sales. You also need to comply with local laws where you ship. Check with the California Department of Tax and Fee Administration (CDTFA) for licensing requirements and to verify your own license is active.
