Age Verification and Restriction Policy

Last Updated: August 1, 2025

At Nish Cigars (nishcigars.com), we are committed to responsible retailing of premium cigars and tobacco products in strict compliance with federal and Texas state laws. Our Age Verification and Restriction Policy ensures that our products are sold only to individuals aged 21 or older, in accordance with the U.S. Food and Drug Administration’s (FDA) federal minimum age requirement for tobacco sales and Texas state regulations. This policy outlines our procedures for verifying customer age, restricting access to our website, and ensuring lawful sales and delivery within Texas.

1. Commitment to Age-Restricted Sales

Nish Cigars prohibits the sale, distribution, or delivery of cigars, tobacco products, or related accessories to individuals under 21 years of age, as required by the FDA’s Tobacco 21 (T21) regulations (21 CFR Part 1140) and Texas Health and Safety Code Section 161.082. We take our responsibility seriously to prevent underage access to tobacco products, ensuring compliance with all applicable laws and promoting responsible consumption by adult customers.

2. Website Access Restrictions

To protect minors and comply with federal and Texas regulations, access to nishcigars.com is restricted to individuals aged 21 or older. Upon visiting our website, all users are required to confirm their age through a mandatory age verification pop-up before accessing any content.

Age Verification Pop-Up:

  • Users must affirm they are 21 or older by clicking a confirmation button (e.g., “I am 21 or older – Enter”).
  • Users who do not confirm their age or indicate they are under 21 are redirected to an external page (e.g., a tobacco education resource) and denied access to the site.
  • The pop-up uses JavaScript to prevent bypassing and may include CAPTCHA verification to ensure human interaction.
  • Cookies store age confirmation for returning users, requiring re-verification every 30 days or upon browser cache clearing.

Content Restrictions:

  • All website content, including product descriptions, images, and promotional materials, is designed for adults 21 and older and complies with FDA advertising restrictions (21 CFR Part 1143), avoiding imagery or language that could appeal to minors.
  • We reserve the right to block or restrict access to users suspected of attempting to bypass age verification measures.

3. Age Verification During Purchase

To ensure that only individuals aged 21 or older can purchase cigars or accessories from nishcigars.com, we implement robust age verification processes at checkout, in compliance with the PACT Act (15 U.S.C. § 375 et seq.) and Texas Business and Commerce Code Section 161.453.

Checkout Verification Process:

  • Customer Information: Customers must provide their full name, date of birth, billing address, and shipping address during checkout. All addresses must be within Texas, as nishcigars.com currently ships only intrastate.
  • Third-Party Age Verification: We partner with a third-party age verification service (e.g., FTx Identity or Veratad) to cross-reference customer information against public records, such as driver’s licenses, voter registrations, or credit bureau data, to confirm the customer is 21 or older.
  • Manual Verification (if needed): If automated verification fails, customers may be required to upload a government-issued photo ID (e.g., Texas driver’s license or ID card) showing their date of birth. The ID must be valid, unexpired, and clearly legible. Uploaded documents are securely stored and deleted after verification, in accordance with our Privacy Policy.
  • Payment Method Verification: Credit card or payment method details are cross-checked to ensure the cardholder’s name and billing address match the verified customer information. Prepaid cards or untraceable payment methods may trigger additional verification steps.
  • Order Review: Nish Cigars reserves the right to cancel or delay orders if age verification cannot be confirmed or if discrepancies arise in customer information.

Fraud Prevention:

  • We monitor for suspicious activity, such as multiple orders to the same address under different names, which may indicate attempts to circumvent age restrictions.
  • Orders flagged for potential fraud are subject to additional verification or cancellation, with notification to the customer.

4. Shipping and Delivery Restrictions

Nish Cigars complies with federal and Texas regulations for shipping tobacco products, ensuring that all deliveries are restricted to customers aged 21 or older and occur within Texas only.

Texas-Only Shipping:

  • As of August 1, 2025, nishcigars.com ships exclusively to addresses within the state of Texas, in compliance with our Texas Cigarette, E-Cigarette, and/or Tobacco Retailer Permit issued by the Texas Comptroller of Public Accounts.
  • Customers must provide a valid Texas shipping address during checkout. Orders to non-Texas addresses will be automatically canceled, with a full refund issued.

Adult Signature Requirement:

  • All shipments require an adult signature (21+) upon delivery, as mandated by the PACT Act and Texas Health and Safety Code Section 161.252.
  • Our shipping carriers (e.g., FedEx, UPS, or USPS, where permitted) are instructed to verify the recipient’s age by checking a government-issued photo ID at the point of delivery.
  • If the recipient cannot provide proof of age or is under 21, the package will not be delivered and will be returned to Nish Cigars, with the customer responsible for return shipping costs.

Compliance with PACT Act:

  • Nish Cigars is registered with the Alcohol and Tobacco Tax and Trade Bureau (TTB) for federal tobacco tax compliance and reports all sales to the Texas Comptroller as required by the PACT Act and Texas Tax Code Section 154.212.
  • We collect applicable Texas tobacco excise taxes (e.g., $1.41 per 20 cigars, as of 2025) at checkout and remit them to the state, ensuring transparency and compliance.

Delivery Restrictions:

  • Deliveries are not made to P.O. boxes, as they cannot guarantee adult signature verification.
  • Customers are responsible for ensuring a qualified adult (21+) is available to receive and sign for the delivery. Repeated failed delivery attempts may result in order cancellation and restocking fees.

5. Compliance with Federal and Texas Laws

Nish Cigars adheres to all applicable federal and Texas regulations governing the sale and distribution of tobacco products, including but not limited to:

Federal Regulations:

  • FDA Tobacco 21 Rule (21 CFR Part 1140): Prohibits sales of tobacco products to individuals under 21.
  • PACT Act (15 U.S.C. § 375 et seq.): Regulates online and mail-order tobacco sales, requiring age verification, adult signature delivery, and reporting to state tax authorities.
  • Federal Food, Drug, and Cosmetic Act (FD&C Act): Mandates health warnings and restricts advertising that could appeal to minors.
  • TTB Regulations: Requires registration and payment of federal excise taxes on tobacco products.

Texas Regulations:

  • Texas Health and Safety Code Section 161.082: Prohibits tobacco sales to individuals under 21.
  • Texas Tax Code Section 154.101 et seq.: Imposes excise taxes on cigars and requires retailers to hold a valid Texas tobacco permit.
  • Texas Business and Commerce Code Section 161.453: Mandates age verification for online tobacco sales.

Health Warnings:

  • All product packaging and website content include FDA-mandated health warnings, such as:
  • “WARNING: Cigar smoking can cause cancers of the mouth and throat, even if you do not inhale.”
  • These warnings rotate as required by 21 CFR Part 1143.

6. Customer Responsibilities

By purchasing from nishcigars.com, customers agree to the following:

  • Provide accurate and truthful information, including date of birth and Texas shipping address, during checkout.
  • Comply with all federal and Texas tobacco laws, including not reselling purchased products, as they are intended for personal use only.
  • Ensure a person aged 21 or older is available to sign for deliveries.
  • Acknowledge that falsifying age or identity information may result in order cancellation, account suspension, and potential legal consequences.

7. Enforcement and Penalties

Nish Cigars reserves the right to enforce this policy rigorously to maintain compliance and protect minors:

  • Order Cancellation: Orders failing age verification or violating this policy will be canceled, with a full refund issued minus any applicable restocking or return shipping fees.
  • Account Suspension: Customers found attempting to circumvent age restrictions (e.g., providing false information) may have their accounts suspended or banned.
  • Legal Reporting: Suspected violations of federal or Texas tobacco laws, such as attempts to purchase for minors, will be reported to the appropriate authorities, including the Texas Comptroller or FDA.

8. Data Security and Privacy

All personal information collected during age verification (e.g., date of birth, ID uploads) is handled in accordance with our Privacy Policy and protected using industry-standard encryption (e.g., HTTPS, SSL). We do not store sensitive identification documents beyond the verification process unless required by law, and all data is processed in compliance with the Texas Data Privacy and Security Act and federal regulations.

9. Contact Information

If you have questions about our Age Verification and Restriction Policy or need assistance with verification, please contact us:

  • Email: info@nishcigars.com
  • Mailing Address: Nish Cigars, 17939 Kieth Harrow Blvd unit 101, Houston, Texas 77084
  • Business Hours: Monday–Friday, 9:00 AM–5:00 PM CST

10. Policy Updates

Nish Cigars reserves the right to update this Age Verification and Restriction Policy to reflect changes in federal or Texas laws, industry standards, or operational practices. Updates will be posted on nishcigars.com, with the “Last Updated” date revised accordingly. Customers are encouraged to review this policy before placing orders.