TPD vs FDA — Vape Compliance Basics Every Wholesale Buyer Should Know

You do not need a law degree to buy vape stock responsibly. You need to know five regulatory facts about your destination market, and to demand a supplier that answers them in writing. Here is the buyer's version of the two frameworks that matter most.

The EU: TPD (Tobacco Products Directive)

The TPD sets hard product limits for nicotine-containing e-cigarettes sold in the EU:

• Nicotine strength capped at 20mg/ml
• Refill containers capped at 10ml (a 30ml salt-nic bottle is a non-TPD market product)
• Tank/cartridge capacity capped at 2ml for refillable devices
• Child-resistant packaging and specific labeling required
• Products must be notified to national authorities (via the EU-CEG system in each member state) before sale
• Several member states add their own layer — flavor restrictions, registration schemes, excise duties

Buyer's check: for EU stock, demand TPD-format specs (20mg/ml ceiling, compliant container sizes) and ask which notification pathway applies. High-capacity flagships (20,000+ puffs, 15ml+) generally belong in non-TPD or relaxed markets — not the EU. Some lines offer a low-nicotine EU format; ask per product.

The US: FDA plus PACT

The US framework is a different shape — less about hardware caps, more about marketing authorization and shipping:

• The FDA regulates e-cigarettes under the premarket tobacco product application (PMTA) pathway; the legal market is built around products with authorized status, and enforcement priorities shift
• The PACT Act (as amended 2021) bans USPS shipping of vapes and requires common carriers to check age, register shipments and label packages; effectively all interstate vape shipping runs through compliant private carriers
• State layer: state excise taxes and registrations, licensed-retailer requirements (e.g. New York), flavor restrictions (e.g. California's SB 793), local licensing — the patchwork is the compliance burden
• Age verification is mandatory at sale and delivery

Buyer's check: for US stock, confirm your own state retail license and tax registrations before ordering, and confirm the supplier ships via PACT-compliant carriers. Ask which nicotine formats (salt vs freebase, mg/ml) are offered for your state's flavor environment.

The supplier questions that matter

Ask these three, in writing, before ordering:

1. "What nicotine format and container size do you supply for [my market]?" — a supplier that answers "same format for everywhere" is a compliance risk.
2. "What product documentation can you provide?" — spec sheets, ingredient disclosure where applicable, notification status for EU-bound lines.
3. "How do you ship to [my market]?" — PACT-compliant routing for the US, customs documentation for the EU.

The working rule

Regulation in this category changes faster than any catalog. Buy from suppliers who ask about your market before quoting, put market formats in writing, and keep documentation on file. That habit protects your license, not just your shipment.

Vapone confirms market-specific formats and documentation per inquiry — TPD ceilings, PACT routing and destination-specific nicotine formats are stated in the written quote.