Regulatory & Legal Guide

VapePicks covers vape products for adult nicotine users. This page explains how we think about regulations and legal responsibilities when we talk about e-cigarettes, and how we translate those rules into the way we write and score our reviews.

This is an informational overview, not legal advice. Laws and regulations change. They also differ by country, state, and even city. When you make decisions about buying or using nicotine products, you need to check the rules where you live and, when necessary, talk to a qualified legal or health professional.

1. What this page does and does not do

This guide has three main goals:

  • Describe the main regulatory frameworks that shape modern e-cigarette products, with a focus on:

    • United States Food and Drug Administration (FDA) rules

    • European Union Tobacco Products Directive (TPD)

  • Explain how we look at product labels, age restrictions, and marketing claims when we review a device

  • Make clear what VapePicks can and cannot do from a legal and health standpoint

What this page does not do:

  • It does not replace national or local law

  • It does not tell manufacturers how to design compliant products

  • It does not guarantee that any product we review is compliant in your country

Our role is to summarize what trusted public bodies say about e-cigarettes, show you how we apply that when we test devices, and remind you that responsibility for following local law always sits with users, retailers, and manufacturers.

2. Core principles across major markets

Although different regions regulate vaping in different ways, several ideas keep repeating across official guidance from organizations such as the FDA, World Health Organization (WHO), and U.S. Centers for Disease Control and Prevention (CDC).

Across these sources, you see a few consistent themes:

  • Nicotine is addictive. Many e-cigarette products contain nicotine. Public-health agencies treat nicotine as a substance that can create dependence and may affect the cardiovascular system.

  • These products are for adults only. Health authorities stress that people who do not use nicotine, especially teenagers, young adults, and pregnant individuals, should not start using e-cigarettes.

  • Vaping is not risk-free. Agencies repeatedly state that e-cigarettes still carry health risks, particularly for the lungs and cardiovascular system, even if they differ in important ways from traditional cigarettes.

  • Marketing and packaging must carry clear warnings and avoid targeting youth. Rules often focus on health warnings, flavor descriptions, visual style, and claims that could appeal to minors.

Everything we do at VapePicks is built around these points. We review vaping products only in an adult context. We do not promote use among people who do not already use nicotine. When we describe flavors, throat hit, or convenience, we treat them as characteristics of a product, not reasons for a non-user to start vaping.

3. United States: FDA regulation of e-cigarettes

In the United States, the FDA regulates e-cigarettes and other “electronic nicotine delivery systems” (ENDS) as tobacco products under the Family Smoking Prevention and Tobacco Control Act and the 2016 “Deeming Rule,” which extended FDA authority to ENDS, e-liquids, and related components.

Key elements that affect the products we review include:

3.1 Product authorization and manufacturing

Most new e-cigarette products must obtain marketing authorization from the FDA before they can be legally sold. This often happens through the Premarket Tobacco Product Application (PMTA) pathway. The FDA evaluates applications using factors such as:

  • Product characteristics (nicotine concentration, ingredients, device design)

  • Manufacturing quality and consistency

  • Toxicology data and emissions analysis

  • Population-level impact, including youth appeal and initiation risk

As a review site, we do not judge whether a specific product is legally authorized. That status can change as the FDA grants or denies applications. Instead, we:

  • Check what the manufacturer publicly claims about authorization

  • Look at whether packaging and warnings resemble currently required formats

  • Note any visible mismatch between the product’s marketing claims and FDA messaging on nicotine and youth protection

3.2 Warning labels and packaging

In the U.S., nicotine-containing products must carry a clear warning such as:

“This product contains nicotine. Nicotine is an addictive chemical.”

The FDA has issued guidance and rules on how that warning should appear, including minimum size, placement, and contrast on packaging and ads.

When we handle devices, we look for:

  • Presence and clarity of the nicotine warning

  • Additional warnings about use by minors, pregnant individuals, and people with certain health conditions

  • Ingredient lists, nicotine strength, and manufacturer contact information

We do not certify legal compliance, but we do flag packaging that appears incomplete or inconsistent with current U.S. patterns.

3.3 Age restrictions and sales rules

In the U.S., the federal minimum age to buy tobacco products, including e-cigarettes, is now 21. This “Tobacco 21” standard applies to all retailers nationwide.

We treat this age limit as a baseline when we discuss:

  • Retail practices such as ID checks and online age-verification steps

  • The way brands present imagery, flavors, and marketing themes that might appeal to minors

  • Any user-generated stories that mention underage use (we do not publish such content)

Our reviews are written for adults. We do not provide product suggestions for minors under any circumstances.

4. European Union: TPD rules for e-cigarettes

In the European Union, e-cigarettes are mainly regulated under the Tobacco Products Directive 2014/40/EU (often called TPD). Article 20 of the directive covers e-cigarettes and refill containers.

The directive includes several requirements that shape the design of devices sold in EU countries, such as:

  • Limits on nicotine concentration in e-liquids

  • Limits on the volume of refill containers and tanks

  • Technical standards to reduce leakage and misuse

  • Health warnings and information on packaging

  • Notification obligations for manufacturers and importers before a product is placed on the market

Individual EU member states can add extra restrictions, but these core elements give a shared baseline. When we look at products that are marketed in Europe, we pay attention to listed nicotine strengths, tank sizes, and packaging style, and we compare them to what the directive describes.

Again, we do not certify legal compliance in the EU. We use the TPD as a reference to understand how a product is positioned and to give readers context on why European versions of the same device may differ from those sold in the U.S. or elsewhere.

5. Product labeling and information standards

Across jurisdictions, several labeling themes keep appearing:

  • Nicotine warnings. Clear notice that a product contains nicotine and that nicotine is addictive.

  • Health warnings. Statements discouraging use by minors, pregnant individuals, and people with certain health conditions.

  • Ingredient and emissions information. Many frameworks ask manufacturers to provide ingredient lists and, in some cases, emissions data to regulators.

  • Child-resistant and tamper-evident packaging. Requirements around caps, seals, and packaging integrity are common, especially for refill liquids.

  • Contact and traceability details. Manufacturer or importer name, contact information, and batch or lot numbers for tracking.

When we review a device, we inspect packaging and documentation as part of our build-quality and safety-context checks. We highlight:

  • Whether there is a clear warning that aligns with current norms

  • How easy it is for an adult reader to find nicotine strength and usage instructions

  • Whether the documentation feels complete and practical for everyday use

We do not guarantee that every label meets every detail of every country’s law, but we do call out packaging that feels confusing, incomplete, or potentially misleading.

6. Age limits and youth protection

Age-restriction rules exist in most markets that allow e-cigarettes. In the U.S., the sales age is 21. Many other countries set the limit at 18 or higher.

VapePicks’s approach is straightforward:

  • We create content only for adults who already use nicotine or who are actively comparing nicotine products.

  • We do not accept or publish content that targets minors.

  • We avoid images, language, or themes that could reasonably be read as youth-oriented.

  • We consistently remind readers that these products are not suitable for children, teenagers, or adults who do not already use nicotine.

If we see a product using obviously youth-focused flavors, cartoon-style branding, or social-media tactics that appear to target minors, we describe that in the review and place it in the context of current regulatory concern.

7. How regulations shape VapePicks’s testing and writing

Our core testing team—Chris Miller (lead reviewer), Marcus Reed, and Jamal Davis—focuses on real-world performance: flavor, throat hit, vapor production, airflow and draw, battery life, leak resistance, build quality, ease of use, and portability. They describe how a device behaves during daily use, heavy sessions, and travel.

Dr. Adrian Walker, our clinical and respiratory advisor, reviews drafts where health-related wording appears. In those cases:

  • He checks that we do not downplay addiction or respiratory risk.

  • He aligns our wording with current public-health statements from bodies like WHO, CDC, and FDA.

  • He asks us to remove or rewrite claims that sound like medical promises or personal treatment advice.

When you read a VapePicks review:

  • Any description of flavor, smoothness, harshness, or throat hit is a subjective experience report, not a health claim.

  • Any mention of irritation, coughing, or chest discomfort is framed as personal feedback, not a diagnosis.

  • If we mention risk, long-term health effects, or population-level concerns, we base that language on authoritative sources and keep it general, not tailored to a specific person.

We do not:

  • Suggest that a device will help you quit smoking

  • Compare risk levels in a way that implies a product is “safe,” “harmless,” or “healthy”

  • Tell you that any specific product is appropriate for your personal medical situation

8. Local law and your responsibility

Vaping rules move quickly. Governments adjust regulations in response to new data, youth-use trends, or safety events.

Because of that, we encourage every reader to:

  • Check national and local regulations before buying or using a device

  • Look at official health-agency websites for up-to-date risk and warning information

  • Pay attention to local age limits, flavor restrictions, and import rules

  • Talk to a licensed clinician if they have concerns about symptoms, addiction, or treatment options

VapePicks does not sell products. We review them. Our work aims to help adult nicotine users understand devices, not to steer them away from their own legal responsibilities or medical decisions.

Sources

Below are some of the key public and technical sources we rely on when describing regulatory and health context for e-cigarettes: