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The definition

Sold separately

By Dwight Davis, Founder

On this page13
Without regard to whether it is sold separately from the device.

Why the clause exists

A definition that reached only assembled devices would be trivially avoided by shipping the parts apart. This one says the separation does not matter.

So a liquid alone is reached

A liquid is one of the four nouns in the catch-all, and the clause removes the argument that it is not part of a device because no device came with it.

And a component alone is reached

Which is the clause that makes this property unusual. A part, on its own, in a box, is capable of being the regulated article.

Whether a container is such a component is not settled here

It depends on what the container is and what it is for, and that is a determination rather than a reading. We quote the clause because its reach is the point.

An empty bottle and a filled one are different questions

And neither is answered on this page. What is answered is that selling something separately is not, by itself, an answer.

The clause also closes a packaging workaround

Splitting a product across two packages does not change what either one is. Compare the concentrates property, where splitting across containers does change the arithmetic.

Which is the contrast worth holding

One rule counts containers and is affected by how you pack. This one asks what a thing is and is not.

So the packaging decisions here are ordinary ones

Dispensing, capacity, child resistance, light. All real, none of them moving the definition.

And the shipping decision is not a packaging decision at all

The chain that makes a cigarette nonmailable runs through definitions, not through the carton. That is the next section.

The four nouns are not interchangeable

Component, liquid, part and accessory each reach something different, and the clause uses all four rather than one general word. That breadth is deliberate drafting rather than redundancy.

And a liquid is named on its own

Which is the limb that reaches a bottle of e-liquid with no device in the box. It does not depend on the accessory or component arguments at all.

Read the clause before designing around it

Because the obvious designs around it are the ones it was written to reach.

References

15 U.S.C. 375(7). Subparagraph (A) "means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device". Subparagraph (B) includes an e-cigarette, an e-hookah, an e-cigar, a vape pen, an advanced refillable personal vaporizer, an electronic pipe, and at (vii) "any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device". Subparagraph (C) excludes a product "approved by the Food and Drug Administration for-- (I) sale as a tobacco cessation product; or (II) any other therapeutic purpose" and "marketed and sold solely for a purpose described in clause (i)". law.cornell.edu
Nothing in this property states whether any particular product or container is an electronic nicotine delivery system. It does not address registration, reporting or age-verification obligations, the Postal Service rulemaking that followed, state law, or whether a product containing no nicotine is within the definition. The statutory text is quoted so it can be read; the application is a determination made elsewhere.
Written from 15 U.S.C. 375 and 18 U.S.C. 1716E and from the catalog as it stood on 19 October 2026. Nothing here states whether any particular product or container is an electronic nicotine delivery system, and nothing here addresses registration, reporting or age-verification obligations, the Postal Service rulemaking that followed, or state law. Every container indexed to this group is glass, and an e-liquid bottle is squeezed: the 24 LDPE containers inside the same capacity window exist in our catalog and are not routed here.