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Where can I find legal answers to open my company?
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voodoo2 Offline
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Post: #1
Where can I find legal answers to open my company?
Hello, 
Where might I find answers to questions regarding the legal issues associated with e-cigs? I am in Texas. The main reason I see why they are banned is that it's taking away so much $$$ from tobacco/cig/drug companies. I want to promote "fighting for your right to stop smoking." Can I legally say this? Do I need a license to deal with nicotine? Thanks, this forum is so helpful. 
07-03-2014 04:01 PM
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18sixfifty Offline
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RE: Where can I find legal answers to open my company?
For now you don't need a special license to deal with e-cigs in texas. They are not considered tobacco for the tax code. However, you will need a business license, a regular sales tax permit, tax id number etc. As far as making the claim that will help people quit smoking you should stay away from that for now. Two reasons; one is that the FDA is still debating whether to treat them as a medical device or as a tobacco product. There is no end to arguments over this issue. Second, you don't want to open yourself up to liability issues by making that claim. Other's will make it for you just fine without doing it yourself. 

As for local ordinances they vary from city to city. Some cities in Texas are limiting or stopping new shops from opening while they wait for more information from the FDA. 

Depending on your income level you might be able to get free legal advice from your state itself. Go onto the State of Texas website and look up legal advocates. 

If you are worried about liability because you have assets then set your business up as a LCC. This is a limited liability company. If you ever do get a lawsuit filed against you and you lose they can only attach business assets to the lawsuit. If you are not an LCC they can attach anything you own. Of course if you personally do something like commit fraud or a crime then you can still lose your personal property. However that is not a problem as long as you are not doing something maliciously.  

If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?
07-03-2014 10:20 PM
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voodoo2 Offline
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RE: Where can I find legal answers to open my company?
(07-03-2014 10:20 PM)18sixfifty Wrote:  For now you don't need a special license to deal with e-cigs in texas. They are not considered tobacco for the tax code. However, you will need a business license, a regular sales tax permit, tax id number etc. As far as making the claim that will help people quit smoking you should stay away from that for now. Two reasons; one is that the FDA is still debating whether to treat them as a medical device or as a tobacco product. There is no end to arguments over this issue. Second, you don't want to open yourself up to liability issues by making that claim. Other's will make it for you just fine without doing it yourself. 

As for local ordinances they vary from city to city. Some cities in Texas are limiting or stopping new shops from opening while they wait for more information from the FDA. 

Depending on your income level you might be able to get free legal advice from your state itself. Go onto the State of Texas website and look up legal advocates. 

If you are worried about liability because you have assets then set your business up as a LCC. This is a limited liability company. If you ever do get a lawsuit filed against you and you lose they can only attach business assets to the lawsuit. If you are not an LCC they can attach anything you own. Of course if you personally do something like commit fraud or a crime then you can still lose your personal property. However that is not a problem as long as you are not doing something maliciously.  
I didn't realize you had responded, thank you. There are a few other vape places here, so I don't believe there are any city regulations. I am wondering if I should make up a contract stating if there are any reactions (such as an allergy) or a battery blows up im not responsible. I will look into the LCC.  
12-03-2014 07:18 PM
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JohnnyMac Offline
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Post: #4
RE: Where can I find legal answers to open my company?
I would think your local Chamber of Commerce could answer all of your questions.  Their goal is to help new businesses start up in your community and should have tone of free advice and information you would find helpful.  Smile
12-03-2014 07:48 PM
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18sixfifty Offline
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RE: Where can I find legal answers to open my company?
Chamber of commerce is a good idea. I also sent you a PM with a couple lists of legal aid agencies in Texas. 

If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind?
12-03-2014 08:11 PM
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Stewart23 Offline
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RE: Where can I find legal answers to open my company?
There is need of spreading knowledge and awareness of e-cig in general public. As with increased demand for such products the legal issues solve more easily.
(This post was last modified: 19-05-2014 07:43 AM by Stewart23.)
14-05-2014 06:14 AM
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