Standard Terms and Conditions for Nicotine Product Websites (U.S.)

 

Age Restrictions and Verification

 

Websites selling nicotine products must strictly enforce minimum age requirements and verify the age of customers in compliance with U.S. law:

 

• Minimum Age Requirement: Sales are not permitted to individuals under 21 years of age. By using the site or purchasing products, you represent that you are at least 21 (or the legal minimum age in your state/jurisdiction) . If you are under the legal age – or if we suspect you are purchasing on behalf of a minor – we will refuse service and may cancel any orders (no sale or shipment to minors) .

• Age Verification Process: Terms should outline that the site uses third-party age verification systems in accordance with federal and state laws. For example: “We use third-party age verification systems in accordance with federal and state law. If necessary, we reserve the right to ask for identification.” . Customers may be required to provide personal information (such as name, address, social security number or ID details) to confirm their age . If a customer’s age cannot be verified or they fail to meet the requirements, the order will not be accepted .

• Adult Signature on Delivery: Include language explaining that certain states require an adult signature upon delivery of nicotine products. For instance: “Some states require us to ship with a method that requires an adult 21+ to sign for the package. You agree to ensure that an adult of legal age will be available to sign for delivery and provide proof of age if required” . This notifies customers that they or another adult will need to show ID at delivery, in compliance with the law.

 

Health and Safety Warnings

 

Given the health risks of nicotine (and similar stimulant products), Terms and Conditions should incorporate clear warnings and disclaimers about product safety and health issues:

 

• Nicotine Addiction Warning: Prominently display the FDA-required nicotine addictiveness warning. For example: “WARNING: This product contains nicotine. Nicotine is an addictive chemical.” . This exact disclaimer is mandated on nicotine product marketing and should be included on the website’s terms or disclaimer page for compliance.

• Adult Use Only – Not for Non-Smokers: Emphasize that products are intended for adult use only by existing smokers/nicotine users. Terms can state that nicotine products are “designed strictly for adult recreational use” and are not intended for use by minors or anyone below the legal smoking age in their jurisdiction . Additionally, include a caution that non-smokers or those who do not currently use nicotine should not start using these products, as no nicotine-containing product is safe or risk-free . For example: “Nicotine products are intended for use by adult tobacco or nicotine consumers only, and are not intended for non-smokers, children, pregnant or nursing women, or any person with an elevated health risk” .

• Health Risks Disclosure: The terms should make clear that users assume the health risks associated with nicotine use. Language often notes that nicotine use may pose serious health risks (e.g., increased heart rate, blood pressure, addiction) and that no nicotine product should be considered safe . For instance: “You acknowledge that our products contain nicotine (an addictive substance) and that using nicotine may pose health risks. If you have any health concerns regarding nicotine use, consult your physician before using these products.” . It’s also good practice to warn that nicotine is toxic or even fatal if ingested in large doses or by children/pets, and to keep all products out of reach of children and animals . Terms may include: “Nicotine can be poisonous. Avoid contact with skin and eyes and do not ingest the contents. Keep out of reach of children and pets.” .

• No Health or Cessation Claims: To remain legally compliant, the Terms and Conditions should explicitly disclaim any therapeutic or health benefit. Include a statement that the products are not FDA-approved for smoking cessation or any medical purpose. For example: “Our products have not been approved by the FDA to treat, cure, or prevent any condition, nor do we endorse them for any health benefit” . Likewise, it should be stated that these products are not intended as smoking cessation aids or alternatives to medical therapy for nicotine addiction . (In other words, the site is making no health claims, and anyone attempting to quit smoking should seek medical advice .)

• Nicotine Handling and Poisoning Warning: Responsible terms include safety instructions for handling nicotine (especially for e-liquids or pouches containing nicotine). For example: “Nicotine is a dangerous chemical. Do not allow nicotine liquid to come into contact with your skin. If a spill occurs, wash the affected area with soap and water for at least 15 minutes . If you experience any symptoms of nicotine poisoning (such as dizziness, nausea, or rapid heartbeat) or if nicotine is ingested accidentally, seek immediate medical attention or call Poison Control.” . This kind of language underscores the proper use of the product and the need for urgent response in case of an emergency.

 

 

State-Specific Disclosures and Restrictions

 

Because tobacco and nicotine regulations can vary by state, the Terms and Conditions should address any state-specific laws, warnings, or sales restrictions:

 

• “Void Where Prohibited” – Sales Restrictions by Location: Make it clear that the company will comply with all state and local laws, and that availability of products may vary by location. For example: “Certain of our products may not be available for purchase or delivery to certain locations. We reserve the right to limit or refuse the sale of our products in any jurisdiction, and any offer to sell is void where prohibited by law.” . This gives the company the right to cancel orders or restrict shipping to addresses in states where the product is banned or restricted. (Many online nicotine retailers include a clause that they do not ship to specific states or municipalities that have outlawed online sales of nicotine products.)

• Customer Responsibility for Local Compliance: Include a clause placing responsibility on the user to follow their local laws. For instance: “By placing an order, you agree that you are aware of and will comply with all applicable state and local laws regarding nicotine products in your area” . This means the user confirms that the product is legal in their state/city. The terms can instruct users that if they are unsure about the legality of a product (such as flavored vapes or certain nicotine pouches) in their jurisdiction, it is their responsibility to check local regulations before ordering .

• California Proposition 65 Warning: Many nicotine products require a California-specific warning about exposure to chemicals. The Terms should prominently display the Proposition 65 notice for California residents, for example: “California Proposition 65 Warning: This product contains nicotine, a chemical known to the State of California to cause birth defects or other reproductive harm.” . This warns users in California about nicotine’s status under Prop 65 and is a legally required disclosure when selling into CA. (The Prop 65 warning should be included on the product page or checkout for California customers, but repeating it in T&Cs or a disclaimer page adds clarity.)

• State-Mandated Procedures: If certain states impose additional requirements (for example, some states may require age verification through a verified ID database or an ID upload , or require adult-signature delivery as noted above), the Terms should mention that the company will adhere to all such state-specific mandates. For instance, a clause can note: “Please note that certain states legally require additional age verification steps (such as uploading a government-issued ID) before we can ship your order . We will inform you if such steps are necessary, and by purchasing you agree to comply with any additional verification or signing requirements imposed by your state’s law.” This lets customers know why extra steps might be needed based on their shipping address.

 

 

Limitations of Liability

 

Like any website’s Terms and Conditions, a nicotine retailer’s terms will include liability limitations and warranty disclaimers. Standard language often covers the following points:

 

• Products Provided “As Is” (No Warranties): The terms should state that the products and services are provided “AS IS” and without warranties of any kind. For example: “The products are sold on an ‘as-is’ basis, and [Company] makes no representation or warranty of any kind, express or implied, as to the safety, quality, or fitness of these products for any particular purpose. All implied warranties of merchantability or fitness for a particular purpose are disclaimed.” . This means the company is not giving any guarantee that the product will be fit for a specific use or free from defects, beyond any obligations required by law.

• User’s Assumption of Risk: It should be made clear that the user assumes all risks associated with the use of the products. For instance, a clause may note that by using the site and purchasing products, the customer agrees they are using them at their own risk . Any risk of injury, illness, or other harm from the product’s use is borne by the user, given the disclosures and warnings provided. (This ties in with the health warnings section, reinforcing that the customer has been informed of risks.)

• Exclusion of Certain Damages: Include a limitation of liability clause that excludes the company’s liability for indirect or unforeseen damages. A typical statement: “To the fullest extent permitted by law, in no event shall [Company] or its owners, officers, or affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the site or products* (including but not limited to damages for lost profits, personal injury, or property damage)**.”* . This way, if something goes wrong, the company is not responsible for losses beyond the product itself.

• Liability Cap: The Terms should also cap direct damages, often to the amount the customer paid. For example: “[Company]’s maximum liability to you for any claim arising from your purchase or use of a product shall not exceed the purchase price you paid for that product” . This limits the financial exposure in the event a customer does sue for any reason – at most, they could get a refund or the cost of the product, not thousands of dollars in additional damages.

• No Modification of Liability for Jurisdictions: (Many terms also add that if a state does not allow certain liability exclusions or warranty disclaimers, those limitations may not apply to that customer to the extent of the law . This ensures the terms themselves don’t violate any specific state consumer protection law. For brevity, the terms can say: “Some states do not allow limitations on implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you in such states .” This is a common boilerplate to acknowledge state consumer rights.)

 

 

User Responsibilities and Conduct

 

Finally, the Terms and Conditions should clearly outline the responsibilities of users (customers) when using the website and purchasing nicotine or related products:

 

• Legal Use Only: The customer must agree that they will only use the products for lawful purposes. For example: “You agree not to use our products for any illegal or unauthorized purpose, and you will not violate any laws or regulations in your jurisdiction by using or purchasing our products” . This covers, for instance, not reselling to minors or taking the products into areas where they’re banned.

• Personal Use – No Resale: It should be stated that purchases are for personal use only and not for redistribution. A sample clause: “All purchases are for your personal use, and you agree not to resell or distribute the products to any other person or entity without our express written consent” . This prevents customers from buying large quantities to resell (which could circumvent age laws or quality controls).

• No Straw Purchases (Supplying Minors): The terms must forbid purchasing on behalf of underage individuals. Building on the age clause, include: “You shall not misrepresent your age or purchase products for anyone under 21. If we suspect that you are purchasing products for a minor, we reserve the right to cancel the purchase and take legal action” . This puts the onus on the user not just to be of age themselves, but also not to facilitate underage use by others.

• Safe Handling and Storage: After purchase, the user is responsible for safe handling and storage of nicotine products. Terms can remind users to follow all usage instructions and safety warnings. For example: “You are responsible for using our products safely and as instructed. This includes proper storage (e.g., keeping products out of reach of children and pets) and handling of the products” . While this might seem like common sense, spelling it out reinforces the earlier warnings and can help mitigate liability if a user mishandles a product.

• Health Acknowledgment: The user should acknowledge that they have been informed of the health risks and agree to use the product responsibly. A clause may state: “By purchasing, you acknowledge that you have read the health warnings and understand the risks associated with nicotine use, including that nicotine is addictive and may pose health dangers . You agree to use the products responsibly. If you have any medical conditions, are on medication, or are unsure about the effects of nicotine, consult a doctor before use .” This ensures the customer takes personal responsibility for any health considerations.

• Compliance with Terms: It’s often added that violation of these user responsibilities (such as attempting to buy underage or resell products) may result in termination of the user’s access or other legal remedies. For example, the terms might warn that any breach by the user can lead to immediate cancellation of orders and refusal of service for future orders . This encourages customers to abide by the rules if they want to continue using the site.