Along with welcome coronavirus economic relief, the 2021 omnibus spending bill that Congress passed and the president signed, contains an unwelcome holiday gift for vapers: serious restrictions on vape product shipping that will change the retail vape market for the worse.
The “Preventing Online Sales of E-Cigarettes to Children Act” was described by many (including me) as the “vape mail ban.” The law does in fact require the U.S. Postal Service to create its own regulations within 120 days or less - banning U.S. Mail delivery of vaping products—whether they contain nicotine or not. (You can read the exact wording of the bill here on page 5136.)
But the “Preventing Online Sales of E-Cigarettes to Children Act” does much more than ending vape mail. The new law will force shippers of nicotine and cannabis vaping products to comply with the Prevent All Cigarette Trafficking (PACT) Act, which imposes stringent rules on online sellers. (The PACT Act is part of the larger federal Jenkins Act.)
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]”
At this time, the only information we know is that this will go into effect within 120 days. However, it could be next week.
We will be evaluating options to find a way to continue shipping, but with Fedex, UPS, USPS all putting bans on tobacco/vape products, we don't see a strong light at the end of the tunnel at this time.
In light of this, we recommend stocking up. We have implemented bulk discounts:
50+ Bottles: 5% off
75+ Bottles: 15% off
100+ Bottles: 25% off
We have also setup a Buy Now Pay Later option for those of you who may need this option for a bulk order.
Minimum $200 order required for buy now pay later option.
All bulk orders will require additional time as we make more product to fulfill the demand.