Understanding State and Federal Laws for Vending Electronic Cigarettes and Vapor Products in Vape Machines
Federal law prohibits the sale of Electronic Nicotine Delivery Systems (ENDS), including e-cigarettes and disposable vapes, to individuals under 21. While most states enforce this 21+ rule, some still permit sales to individuals aged 18 and older. Vape vending operators must stay informed about these age restrictions and state-specific regulations regarding the placement and access of vending machines that sell nicotine products.
Although modern age-verification technologies, such as biometric verification, help mitigate risks of underage sales, they don’t guarantee compliance on their own. Many states have yet to update regulations to recognize these technologies fully.
Staying Compliant and Ahead of Legislation:
Navigating the complex legal landscape for e-cigarettes and vending machines in the U.S. can be challenging. This guide offers valuable insights to help you remain compliant with federal and state regulations, stay ahead of pending legislation, and maintain good standing with regulatory bodies, including the FDA.
VapeTM Age-Verification Solutions for Vape Machines
VapeTM vending machines come equipped with advanced age-verification to confirm that customers are legally permitted to purchase vape products. With the shift towards smart vending, which supports cashless payments like credit cards and Apple Pay, regulatory risk increases. Payment processors, ISOs, sponsor banks, and machine operators must adhere to strict KYC (Know Your Customer) requirements, which can be costly and time-consuming. Low-quality age verification (e.g., undetected fake or expired IDs) increases regulatory exposure for vending operators.
VapeTM’s intelligent software, in partnership with AptPay, requires customers to verify their age using a driver’s license, government-issued ID, or passport, with facial recognition to ensure the ID matches the person holding the phone. Our ID Analyzer cross-references multiple databases to authenticate IDs and uses robust facial recognition assets for accuracy. Working closely with legal experts, VapeTM provides a one-stop KYC solution for vending machine owners and operators, integrating AptPay’s digital KYC service for instant, real-time payee identification and verification.
Step-by-Step Flow Chart: VapeTM Vending Transaction Process with Age-Verification Enabled
- Customer clicks "buy" to purchase a product or disposable vape.
- A screen prompts the customer to enter their email or phone number.
- Customer receives instructions via AptPay to upload their driver’s license and capture a facial image using their phone’s camera.
- Verification completes in approximately 15 seconds, granting or denying access to the payment screen.
- Customer is approved or disapproved
- If approved, customer can proceed to "go shopping"
Youth Prevention: VapeTM's Age-Verification Solutions to Prevent Underage Sales
Age verification is critical in the sale of vape products. Preventing underage access protects youth health and helps retailers avoid substantial fines, legal action, and reputation damage. These systems, designed to verify government-issued IDs, adhere to FDA and state regulations, and promote responsible retailing. VapeTM’s biometric-enabled solution ensures purchasers meet legal age requirements, helping vending machine operators maintain compliance and foster community safety.
For additional compliance information for specific states, see our state-by-state survey and consult with your attorney.
Disclaimer
This page is intended for informational purposes only and should not be considered legal advice.
3 comments
Many people struggle to understand the complex laws surrounding tobacco and vape sales, especially when it comes to vending machines. Federal, state, and local laws around these products aren’t just about selling legally—they’re designed to protect public health, particularly by preventing youth access. However, the legal landscape is often layered and ever-changing, making it difficult for individuals to stay fully informed and compliant without specialized knowledge. Many potential machine operators overlook how crucial compliance is until they face fines or other legal issues.
When it comes to buying vape vending machines from overseas, especially from countries like China, many buyers are attracted by what initially appears to be a cost-saving option. However, these machines often lack essential features that U.S. laws require, like reliable age verification technology or seamless integration for compliance tracking. Furthermore, Chinese machines can come with hidden costs: delays in shipping, lack of ongoing support, unexpected tariffs, and incompatibility with U.S. software standards. Without proper software and hardware support, these machines might end up “dark,” or non-functional, leaving operators with an expensive product that doesn’t meet their needs.
Choosing a U.S.-based provider isn’t just about purchasing a machine; it’s about ensuring you have the right tools, support, and technology to operate legally and successfully over the long term. The complexities of vape laws and machine functionality highlight the need for expertise and compliance in this industry.
Our newest software release and API can be enabled by day and time and automated and when it is enabled, it requires customers to use a valid drivers license, government-issued ID, or passport to verify their age. It is extremely user-friendly and instead of using a QR code it uses SMS test messaging and utilizes one’s cell phone carmera for biometric facial recognition. Hence, it will authenticate the ID, verify age, and confirm that the person holding the phone is in fact the person in the ID.
VapeTM has worked closely with law firms and experts in the space to develop and provide a one-stop solution to address all your (vending machine owner and operator) KYC needs. We have partnered with AptPay and utilize their end-to-end, one-stop digital KYC compliance service powering instant payee identification and verification for businesses across a network of connected local and international sources” (AptPay.pdf pg. 2). Verify partnership and API, VapeTM quickly, and in real time, verifies the age of the customer at the vending machine. The accuracy of the information is verified and the ID, license, or passport of the customer is presented, scanned, and authenticated to reduce the regulatory risk of minors purchasing nicotine or adult-only products. To ensure that the payee is in fact the person presenting the documents or license that we verify, we rely on biometric facial recognition for a liveness check. VapeTM authenticates ID documents from 190+ countries and complies with Apt pay’s data collection verification and storage protocols.
Jordan