USPS LATEST RULING ON ‘ENDS’ (VAPING) PRODUCTS INCLUDING CANNABIS ACCESSORIES.

 

The PACT ACT was passed at the end of December 2020 and USPS has released the Final PACT ruling this morning.

Since the PACT ACT labels vapor products as tobacco products, retailers will not be able to ship out orders via USPS (The Main Carrier) as well as all the other major carriers (UPS, FedEx, DHL).

Former President Trump signed the 2021 Appropriations bill into law on Dec 27, 2020. Included in that 5,000+ page bill was language that adds “electronic nicotine delivery systems” (or “ENDS”) to shipping regulations enacted by The Jenkins Act and The Prevent All Cigarette Trafficking Act (PACT Act). The practical effect of the new law is a ban on shipping vapor products through the USPS.

Complicating matters, even if small, independent vapor retailers find carriers willing to ship their products to consumers, the compliance issues are likely beyond their means. For example, the law requires sellers to be compliant with state, local, and tribal tax laws that are inconsistent across the country and subject to change on an unpredictable basis. Currently, the human and technological resources required to fulfil these requirements are only affordable by the largest companies. Complying with federal law means that tobacco products being shipped require market authorization from the FDA, and a way for shipping companies to verify that a product and its manufacturer meet this requirement.

The net effect of the new regulations is a ban on most direct to consumer shipments of vapor products (which is a broader category than just those associated with nicotine).

 

You can read the USPS decision here : http://thevapor.ninja/wp-content/uploads/2021/10/2021-22787.pdf

 

You can read a more in-depth explanation of this issue here: https://vaping360.com/vape-news/111617/usps-final-rule-banning-vape-mail/

 

This is indeed a dark day for the vaping community.

More soon.

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