Understanding the Legal Landscape of Vape Vending Machines in the United States

Vape vending machines are gaining popularity as a convenient way to distribute vape products, but potential operators often wonder if they are legal. While there is a wealth of information available, it is important not to rely solely on opinions. Consulting with an attorney or reviewing actual statutes and material published by regulatory authorities is essential for accurate guidance.

After doing so, the answer is not a simple "yes" or "no." The legal situation surrounding vape vending machines is complex. They are legal in many areas, but are subject to strict Federal, State, and Local regulations that ensure compliance, particularly in areas like age verification and product accessibility. This article will provide a breakdown of the legal landscape surrounding vape vending machines in the United States, as well as the sale of nicotine-containing products in unattended smart kiosks.

 

1. What are The Federal Regulations Around Vape Vending Machines?

At the federal level, vape vending machines fall under the jurisdiction of the Family Smoking Prevention and Tobacco Control Act and related FDA regulations. These laws classify e-cigarettes and vape products as tobacco products, making them subject to rules designed to prevent underage sales. Specifically, federal law prohibits the sale of tobacco and vape products to anyone under 21 years of age.

Under federal law, specific restrictions apply to selling tobacco products, including nicotine items, via vending machines to prevent youth access. The Family Smoking Prevention and Tobacco Control Act, managed by the FDA, mandates that cigarettes, smokeless tobacco, and similar products cannot be sold in vending machines in any establishment where people under 21 might be present.

In practice, this means that these vending machines can only be set up in locations restricted to adults over 21. Retailers must also check IDs for customers under 30 years old to verify their age.

Additionally, state and local governments may have stricter rules than federal regulations, so retailers must ensure they comply with both sets of rules to meet all legal standards.

2. How Do I Legally Operate Vending Machines That Sell Disposable Vapes and Meet Federal Guidelines?

Unattended vending machines and kiosks must be placed in adult-only (21+) establishments according to Federal Guidelines.

3. State Regulations and Variability: Most States Have Laws Around The Placement—Not the Solution!

Most states don't have language that recognizes age verification solutions through technology.  One of the most common myths is that an operator can place a vape vending machine anywhere if he/she has age verification measures in place.  While this may help curb youth access to vapor products it does not mean that this solution makes it legal to place the machine.  Most states have specific placement restrictions regardless of age verification measures (ie. on-premise liquor establishments).

4. Local Regulations and Compliance

Local regulations add another layer of complexity. Cities and counties may have their own restrictions on vape vending machines, influenced by public health concerns or local ordinances. This makes compliance even more challenging, as local authorities may impose additional rules on where these machines can be located, what products can be sold, and the age verification technology required.

5. Key Compliance Factors for Vape Vending Machines

For operators interested in setting up vape vending machines, staying compliant with federal, state, and local regulations is essential. Here are some key compliance factors to keep in mind:

• Federal Regulations: Ensure that machines are only placed in adult-only areas.

• State Regulations: Be aware of excise tax requirements and licensing laws specific to your state.  More information on state laws can be found here.

• Local Regulations: Stay informed about local ordinances that may impact where and how you can operate your vending machines.

6. Navigating the Complex Legal Landscape of Vape Vending Machines

While vape vending machines are legal in many parts of the United States, they operate under a complex framework of federal, state, and local regulations. By implementing robust age verification systems, adhering to excise tax laws, and securing the necessary permits, operators can legally and responsibly run vape vending machines. As these regulations continue to evolve, staying informed is crucial for compliance and successful operation in this emerging industry.  

 

Q: How do vape vending machines ensure age verification and prevent underage access?

A: Vape vending machines utilize ID scanner technology or offer advanced age-verification through a third party authenticator to prevent underage purchases and ensure legal compliance.

• ID Scanning: Customers are prompted to scan the front and back of a government-issued ID (like a driver’s license), which the system verifies for authenticity. New module-based ID Scanners are available for purchase here.
• Facial Recognition & Liveness Detection: In some models, the customer must take a live selfie, which is matched with the ID to confirm identity and age.
• Automated Software Controls: Age verification can be scheduled to be active during specific hours or days, offering operators full control based on venue and state requirements.
• Third-Party Verification Integration: VapeTM partners with Apt-Pay to verify age, authenticate license, and confirm that the person at the machine is the one presenting their license with biometric facial recognition.  Learn more here.