Vape Shipping and the PACT Act
Vape Shipping and the PACT Act
What it is:
On December 27, 2020, the President approved an emergency Covid-19 economic relief and government spending package called the Consolidated Appropriations Act, 2021. In addition to numerous provisions designed to support other industries, the bill includes legislation that could have major impacts on the e-cigarette industry.
This legislation, the Preventing Online Sales of E-Cigarettes to Children Act, extends the Jenkins Act and Prevent All Cigarette Trafficking (PACT) Act to cover all electronic nicotine delivery system (ENDS) products, including related accessories that do not contain nicotine.
What It Does:
Under the Preventing Online Sales of E-Cigarettes to Children Act, commonly referred to as the “vape mail ban”, the United States Postal Service (USPS) is required to impose new restrictions that prohibit the shipping of ENDS products through USPS no later than April 2021. It also imposes a number of stringent requirements for online sales. By March 27, 2021.
What we know:
On Feb. 19, USPS published its proposed rule, titled “Treatment of E-Cigarettes in the Mail,” in the Federal Register, and provided a 31-day window for public comment (which ends March 22). The final rule will take effect soon after publication—on March 27th, according to Tobacco Reporter. That is the same date the PACT Act rules will become law.
Fedex announced they will no longer ship ENDS products effective: March 1st
UPS will no longer ship ENDS products effective: April 5th
Post-March 27th online retailers will be required to:
- Verify age of customers using a commercially available database
- Use private shipping services that collect an adult signature at the point of delivery
- Register with the ATF and the U.S. Attorney General
- Register with state and local tax administrators in all states and localities where business is done
- Collect and pay all applicable local and state taxes, and affix any required tax stamps to the products sold
- Each month, a list of all transactions must be sent to each state’s tax administrator that includes the names and addresses of each customer sold to, the quantities and type of each product sold, and the name, address, and phone number of the person delivering the shipment to the recipient
Many business's including ours have been able to come up with solutions for each of these requirements except for private shipping services.
We are currently working diligently on a solution to continue shipping products to customers across the U.S. Until we find a solution please note:
After March 26th, 2021 we will no longer be accepting online orders for delivery outside the states of Wisconsin and Minnesota.
We will continue to fulfil online orders for Wisconsin and Minnesota-based customers as usual through April 5th, 2021.
What you can do in the meantime:
For those wishing to comment on the regulations, there are limited demands to be made of the Postal Service. The USPS is being ordered by Congress to impose the shipping ban; it wasn’t the agency’s idea, and the Postal Service has no leeway to do anything else. That said, CASAA has issued a call to action with suggested talking points for vapers to use in their comments to both the USPS and members of Congress. It’s important that the Postal Service and—especially—Congress hear how this law will hurt ordinary consumers, and that they hear from a lot of us.
Stock Up On Products!
With uncertainty looming over us it is advisable to stock up now on the vapor products you enjoy, especially if you rely on internet merchants to receive them. If you are interested in purchasing bulk of an item or accessory we currently have low inventory on, let us know and we can make arrangements to get you what you are looking for.
Click HERE if you would like to learn more about the PACT Act.