The state of Vermont has reached settlements with three different online sellers of electronic nicotine-delivery systems (ENDS) for violations of Vermont’s Delivery Sales Ban and Consumer Protection Act. Attorney General T.J. Donovan announced that under the settlements the companies resolved claims that they sold vaping products, e-liquids, or other tobacco paraphernalia to individual consumers.
As of July 1, 2019, it is illegal to sell electronic cigarettes and related vaping products over the internet to individual Vermont consumers. In total, Pure Laboratories, The Boiler Electronic Cigarette Company and VapinUSA-Wi together will pay $165,000 in civil penalties to the State of Vermont, according to vermontbiz.com. The three settlements come on the heels of announcements in December 2020 and May 2021 that the Attorney General’s Office reached settlements with 10 other online sellers of electronic cigarettes, totaling $307,500 in civil penalties.
“Online sales of vaping products are illegal,” said Donovan. “I am pleased that these websites will no longer be shipping products to Vermont.”
Since 2008, Vermont’s Delivery Sales Ban law has prohibited cigarettes, roll-your-own tobacco, little cigars, and snuff, ordered or purchased by telephone, mail order, or through the internet, to be shipped to anyone in Vermont other than a licensed wholesaler dealer or retailer. This law was expanded in 2019 to include tobacco substitutes (including electronic cigarettes), substances containing nicotine or otherwise intended for use with a tobacco substitute, and tobacco paraphernalia. The Vermont Department of Liquor and Lottery conducts compliance checks of online retailers to determine compliance with this law.
Under the terms of the settlement agreements, in addition to paying civil penalties, the companies are required to notify Vermont consumers that they do not ship to individual consumers in Vermont.