Unfortunately it has come to our attention the PACT act is going to be a great disruption. We are currently evaluating our options but it seems like we may no longer be able to ship vape cartridges to our loyal customers after April 1st. The act supposedly has the intention of preventing minors from acquiring nicotine/cigarettes through online means, but the wording includes anything that is vaporized or atomized etc. This vague wording puts us in jeopardy and undermines our ability to deliver our beloved vape products to you in the immediate future.
What is the PACT Act?
“As part of the “Consolidated Appropriations Act, 2021,” in the most recent COVID-19 relief bill signed into law on December 27, 2020, Congress amended the Prevent All Cigarette Trafficking (“PACT”) Act to apply to e-cigarettes and all vaping products. Originally passed in 2009, the PACT Act amended the existing Jenkins Act of 1949, which required interstate shippers to report cigarette sales to state tobacco tax administrators in order to combat illicit sales and tax avoidance. When it became law 60 years later – the same year the Tobacco Control Act gave FDA authority over tobacco products – the PACT Act, among other things, prohibited the use of the U.S. Postal Service (“USPS”) to deliver cigarettes and smokeless tobacco products directly to consumers.”
How does this apply to us?
“The 2020 PACT Act amendment, the “Preventing Online Sales of E-Cigarettes to Children Act,” modifies the original definition of “cigarette” in the PACT Act to include Electronic Nicotine Delivery Systems (ENDS). The term “ENDS” is defined very broadly to essentially include all vaping products, liquids, components, and accessories, whether they contain nicotine or not. Specifically, an ENDS product is defined 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.” (Emphasis added.) Based on this definition of ENDS, zero-nicotine e-liquids, synthetic “tobacco-free” nicotine e-cigarettes, and CBD/THC/hemp vape pens, among other things, would all appear to be captured.”
A sampling of the new requirements
In addition to the non-mailing provisions, the PACT Act requires anyone who sells cigarettes or smokeless tobacco to register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the tobacco tax administrators of the states into which a shipment is made or in which an advertisement or offer is disseminated. Delivery sellers who ship cigarettes or smokeless tobacco to consumers are further required to label packages as containing tobacco, verify the age and identity of the customer at purchase, use a delivery method (other than USPS) that checks ID and obtains adult customer signature at delivery, and maintain records of delivery sales for a period of four years after the date of sale, among other things.
The PACT Act also requires sellers to file a monthly report with the state tobacco tax administrator and any other local or tribal entity that taxes the sale of cigarettes. Such reports must include the name and address of the persons delivering and receiving the shipment and the brand and quantity of the “cigarettes” that were shipped. These requirements apply to all sales of cigarettes and smokeless tobacco, including sales to consumers and sales between businesses.
The PACT Act mandates that the ATF maintain a non-compliant list of persons who fail to comply with the Act. Placement on the list bars common carriers and other persons from delivering products sold by the listed company. ATF distributes the list to common carriers, USPS, credit card companies, and others to help enforce the list.
What we will do?
Honestly we have not figured that out yet, hopefully a private vape shipping service will pop out of nowhere. That is unlikely as logistics take a lot of time to develop. For now we are going to ask our loyal customers to reach out to their local smoke and vape shops and ask them to carry our products there. Hopefully we can get on some shelves around you so that our vape cartridges will remain available to all who rely on them for their wellbeing. We are so dreadfully sorry for the inconvenience and disruption of our service.
What should you do?
Firstly stay tuned for emails or future blog posts from us as we learn more and figure out a means of adaptation. You can write/email your local and state governments and ask them to edit the definition of ENDS to include only nicotine containing vape products as this bill was written entirely to protect children from nicotine. For now you can stash up on our cartridges, come visit our store in wallingford, CT or stay tuned and reach out to us for future updates. If you have local vape/smoke/head/CBD shops which you like please refer them to us and ask that they stock our products for you so that you can continue their use unobstructed.
This is just the beginning
Our government has been playing this game for a long time of vaguely worded bills which obstruct the liberties of us citizens. We must keep a much closer eye on them and do what we can to cast light on legislature such as this to ensure details are not slipped in. It is easy to assume that in the future more and more restrictions on arbitrary matters such as this in the name of “public health.” If this was simply to protect children it would be very easy to implement a certified mail service where ones ID must be shown upon receipt. For good measure something similar to that was added to this bill but with all the rest of the complications added shipping handlers do not want to deal with this mess. This was not done to protect it was done to interrupt. Most vape manufacturers will not be able to handle this paperwork in order to fulfill a simple order. If you make a simple mistake you risk not only large fines but 3 years in jail. Few small suppliers will want to accept such risks.
We will try and keep everyone updated as the situation develops. There may be alternative solutions we have not yet found. In the meantime stash up on vapes, and approach your local vape shops and ask them to reach out to us. We would love to remain in your lives and continue to supply you with the vape cartridges you love. Thanks so much for joining us on this wild ride.