Advice needed on building and selling mods.

Discussion in 'Shop Talk (New Vendor)' started by VapingGuitarist, Apr 7, 2017.

  1. VapingGuitarist

    VapingGuitarist Silver Contributor Unlisted Vendor

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    Hello all, I'm not sure if this is the right place to post this, so feel free to move it if not. Anyway, I got into building my own unregulated mosfet mods a few months back and I've had several people asking me if I would build and sell them one. But with all of the FDA B.S., I'm scared to sell one to someone who isn't familiar with using an unregulated mod and something happens and he or she gets hurt or I get in trouble with the FDA for not going through their application process. But at the same time, I'd love to have my own little side biz building and selling a few mods here and there to help suppliment my income.
    So my questions to you guy's are, am I worrying about nothing here? What would be the best way to avoid any potential liability other than that the mod works and or trouble with the FDA? Should I have the buyer sign a waiver? Etc....
    Any advice would be helpful.

    Thanks,
    Shawn
     
  2. HondaDavidson

    HondaDavidson Gold Contributor Member For 1 Year

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    Read and understand the laws that apply to what you want to do......

    My guess is if you keep things down to building and selling a few mods here and there you'll be ok... I would not do any advertising. Even discussion on a forum. You depend purely on word of mouth. Basically you'd be building one off units on request.

    Fact Is now tha the FDA is involved.... you will be liable for damage caused by you mods. Even if the person hurt is the several users/purchasers removed from you.

    You build it it get sold in 20 yard sales. 10 years latter someone get hurt. You get sued..they get paid. that's the American way.... today.


    Sent from my SCH-I605 using Tapatalk
     
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  3. eSMOKA

    eSMOKA Bronze Contributor Member For 2 Years

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    IMHO, getting into the vape business in the USA at this point in time, you should have the money to retain a lawyer who is well-versed in vape and tobacco laws (there are a few) and have product/business liability insurance with an emphasis on vape. You should also form an LLC (at the direction of a tobacco lawyer).

    My opinion? You're about 2-3 years too late. Don't bother. Just build them for yourself and maybe some friends.
     
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  4. VapingGuitarist

    VapingGuitarist Silver Contributor Unlisted Vendor

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    That's what I'm afraid of. It's a sad shame that this country has gotten so lawsuit happy. According to the guy's at my local vape shop here in Maryland, you can't even make a coil for someone because the FDA deem's it "Tobacco Manufacturing"!


    Shawn
     
    Last edited: Apr 7, 2017
  5. VapingGuitarist

    VapingGuitarist Silver Contributor Unlisted Vendor

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    I think I'll just build for me and maybe just build enclosures and let the buyer build it out.
    I started vaping back in November so yeah, I was a little late to the party.
    But that's me, always a day late and a dollar short. LOL

    Shawn
     
    Last edited: Apr 7, 2017
  6. eSMOKA

    eSMOKA Bronze Contributor Member For 2 Years

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    The USA is supposed to be a free market friendly country. That's the biggest lie ever told. Regulation upon regulation and it's all to supposedly protect you from yourself. More like protect you from freedom.
     
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  7. VapingGuitarist

    VapingGuitarist Silver Contributor Unlisted Vendor

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    You hit the head right on the nail!

    Shawn
     

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