The Legal Jargon
On December 27th, 2020 Congress passed a COVID-19 relief bill. Within the bill is the Consolidated Appropriations Act of 2021, which amends the Prevent All Cigarette Trafficking Act (“PACT”) Act. The PACT Act initially went into effect on June 29th, 2010 as a replacement for the Jenkins Act of 1949, which implemented the required reporting of cigarette sales to state tobacco tax administrators by all interstate shippers.
The original PACT Act regulated the mailing of cigarettes and smokeless tobacco products to consumers through the U.S. Postal Service, increased penalties to a felony charge with up to three years imprisonment, and gave the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) the authority to examine any records required by the PACT Act and any cigarettes or smokeless tobacco kept on company premises. Additional requirements for registration, reporting, delivery, and record-keeping were also established. For delivery-based businesses, the most important requirement to note was the creation of a blacklist of unregistered or non-compliant delivery sellers that is maintained by the ATF and distributed to common carriers, USPS, and credit card companies.
The amendment to the PACT Act, the Preventing Online Sales of E-Cigarettes to Children Act, was enacted on December 27th, 2020 and went into effect on March 27th, 2021 – 90 days later. This new amendment expanded the PACT Act’s definition of “cigarette” to include Electronic Nicotine Delivery Systems (ENDS). The amendment defines ENDS as:
“...any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device, [including] an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.”
How will this affect you?
After March 26th, 2021 we will no longer be able to ship any vapor products through USPS. This applies to e-liquid, tanks, mods, 510-thread batteries, and all other vapor products. The amendment does not differentiate between vapor products that are being used for nicotine and those that are being used for CBD or Delta 8.
Many delivery companies have followed suit, including FedEx and UPS. FedEx stopped accepting shipments of vapor products on March 1st, 2021 and UPS stopped on April 5th, 2021. This means that after March 27th, 2021, there will be absolutely no way to ship vapor products to consumers.
We understand how much of an inconvenience this change is. Unfortunately, this is the way that the law has been written – and we are obligated to follow the law.
Stay tuned as we work to come up with alternatives that are legal under the new amendment.
We have partnered with a fulfilment facility that has the proper licensing in order to continue to legally ship all of our products to our customers.