Everybody wants some. But i dont want to be illegal. Unsure where to look for regulations. Already have an LLC for a business i own.
Can i just sell them my services and the bottle but make it clear on the label that the ejuice is a gift, or something similar?
they are all friends, and probably wouldnt care, but if a kid or dog got into it i dont want a pissed off mom suing me...
Does anyone know if i need a license or certification to make and sell diy? And does anyone know any loopholes?
There is much more to making a retail eliquid line than just mixing and bottling. I would stick to selling to friends and family or just stay a hobbyist. The risk to yourself and your assets and more important the hobby itself should be our main concern. To me not worth the short term gain. I also would not be investing in the industry until we can more accurately predict the future - otherwise you may find yourself paying off the investments for years to come. Investing in a small business is risky enough in industries that are stable and well entrenched. Once vaping is safe from a ban or severe legislation, investment will be a great opportunity.
Is the investment in a retail juice line really that large?
If you want to make it right the initial investment to me is not the sort of cash most vapers will have just hanging around. No matter what your set up is, if you continue to re-invest as you operate (esp with you assuming there will be no adjustments in the market to come) you may well get deeper in debt or spend more of your savings right up to when you have to shut down.
The "gift loophole" wouldn't help you one bit in court in a liability scenario - and it would make you look even worse, since it looks like you're trying to pull an obvious scam.
Most importantly, we're not your lawyer. If you don't have one to ask, then that's problem 1.
It all depends on what state you're in. Go to your state's legislative website and do searchs for electronic cigarette, vapor products and nicotine. That will tell you age requirements, tax requirements, any licensing requirements (retail and manufacturing). Also check your SOS website to see if your LLC is registered for that in the appropriate category and check whether your liability insurance would cover it as well.
You are putting yourself at risk of losing personal property and assets if you do not sell under an LLC company. The LLC protects you personally, but your business will sill be liable if an injury or death occurs as a direct result of your juice. This is why you should carry insurance. The best thing to do is speak with an attorney or insurance agent and seek advice from them.
My understanding is you will be liable for any damages or harm caused from selling DIY. You would have to sell it without NIC to be legal but even then you would be liable for any harm. Nic is strictly controlled and I believe that in fact the sale is not legal unless you are licensed to purchase the nic and register the products you sell/make with the same...So it is still the wild west and you have to consider yourself asserting your right to civil disobedience based on an unfair law or the harm reduction/health benefits. That said I think you should have a proper area set up to make it safely and research what can be done to make the best product possible with as little chance of harm or damage to your customers and the industry itself.
I sold a bottle to a friends friend and now Ive got people idk asking for liquid. Im ready to just not sell to anyone and be completely self reliant or if I do sell, just to very close friends.
That is what you have to do. I gave one of my wife's friends some juice to help her out. She agreed to tell no one and keep it to herself. Needless to say she was letting everyone try it (including a couple b+ms) and has been telling my wife regularly her family or her friends want juice(you know they would want it for free but even if they paid it is not worth dealing with vapers irl imo). Give em an inch eh.
Post six recipes. The DIY community will tell you if you should sell it or if you should stop trying to profit off your junk recipes.
Recipe 1: Vanilla Swirl, 100% name_100%Vanilla Recipe 2: Vanilla Swirl, 95% name_almost 100%
etc...
Put it in a plastic bottle, claim to have 250+ WOW!!! FLAVORZZZ, and you'll have the shitty ejuice company you've always wanted. Get that cash grab while the gettings good because, you know, fuck 'em. I'll take a downvote for the truth. If you had anything worth selling you'd post it, you aren't losing any money here. If all you want is to make money, do it before the regulations kick in and have fun taking money from suckers. Everyone will still be here when you're done to post the recipes your friends love, an they'll never have to know that amazing fruit loop recipe you have isn't actually yours. ;-)