What is the Federal Vape Mail Ban?

The Federal Vape Mail Ban

On Dec. 27, 2020, President Trump finally signed off on the 2021 Omnibus Spending, a massive package of government aid and tax cuts, but bundled alongside various other amendments the bill also includes the “Preventing Online Sales of E-Cigarettes to Children Act,” found on page 5136 of the 5593 page document (https://rules.house.gov/sites/democrats.rules.house.gov/files/BILLS-116HR133SA-RCP-116-68.pdf)

What does the “Preventing Online Sales of E-Cigarettes to Children Act” require?

The law redefines what the government considers to be a cigarette. Products subject to the regulations appear to include not only electronic cigarette liquids and devices, but any device that delivers a “substance to a user,” leaving it open to interpretation as to whether or not this would include devices used for the delivery of CBD, though general consensus seems to be that it does.

“The term ‘electronic nicotine delivery system’…means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user.”

This change requires all companies that ship either nicotine OR cannabis vaping products to follow the regulations of the “Prevent All Cigarette Trafficking Act” or PACT (which is a part of the federal Jenkins Act).

In order to ship any of the aforementioned products, online retailers will be required to:

  • Register with the U.S. Attorney General.
  • Verify age of customers using a commercially available database.
  • Use private shipping services that collect an adult signature at the point of delivery.
  • If selling in states that tax vaping products, sellers must register with the federal government and with the tobacco tax administrators of the states.
  • Collect all applicable local and state taxes, and affix any required tax stamps to the products sold.
  • Send each taxing state’s tax administrator a list of all transactions with customers in their state, including the names and addresses of each customer sold to, and the quantities and type of each product sold.
  • Maintain records for five years of any “delivery interrupted because the carrier or service determines or has reason to believe that the person ordering the delivery is in violation of the [PACT Act].”

Failure to comply with ANY part of these regulations leaves a company open to prosecution, financial penalties and even up to three years of jail time.

You can find more information here:

https://vaping.org/press-release/using-covid-19-congress-bans-usps-vape-shipping/ – Confirmation of the bill passing in congress on 12/21/20

https://vaping360.com/vape-news/107649/congress-will-ban-vape-mail-force-online-sellers-into-the-pact-act/ – Confirmation that Trump signed the congressionally-approved bill on December 27th, 2020.

https://casaa.org/call-to-action/keep-vape-mail-legal-reject-s-1253/ – Features a timeline, from the bills introduction on to its passing (11/2019 – 12-2020)