Recently there was an update to certain legislation that seeks to derail and harm the vaping industry. This time on the HED Carts blog, we’re going to give you the lowdown on what exactly the PACT Act is, and how it's affecting our industry.
The PACT Act and Vaping
The PACT Act, or Prevent All Cigarette Trafficking Act, was an act made to try and stop illegal tobacco sales and tax avoidance that relied on shipping cigarettes and smokeless tobacco products to consumers directly via the USPS.
You can read more on the PACT Act from the ATF here.
That’s all well and good, and if it remained that way we wouldn’t need to be talking about it. Unfortunately, this year an amendment was added looking to change things and come for the vape industry.
As a part of sweeping COVID-19 relief legislation, the PACT act was amended to include electronic nicotine delivery systems (ENDS) such as vaporizers. Specifically the law outlines “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…and any component, liquid, part or accessory of a device…without regard to whether the component, liquid, part, or accessory is sold separately from the device.”
Phew. that was a lot. But the point is vape companies are now prohibited from shipping through USPS. What’s worse, the major U.S. shipping companies like UPS, DHL, and FedEx, all agreed to honor the PACT Act. This puts us in a bit of a bind. Unless…
Good news arrived! On April 19th, 2021 the USPS posted a new ruling – they would not be enforcing the new ban – yet! While they specifically called out that a later decision is coming, until then we just have to keep operating until forced otherwise. And there’s further reason to be optimistic about all that! It involves another act and another government agency but bear with us!
The Tobacco Control Act
The Tobacco Control Act (TCA) and the PACT Act both handle similar things, enough so that there are conflicting views – in these instances when there is a conflict between the two acts, the TCA supersedes the PACT. The PACT Act specifies that it doesn’t alter or change any provisions in the Food, Drugs, and Cosmetics Act (FDCA). Bear with us, we know, this is a lot of acronyms, but all this is why we are hopeful for our industry. This specification in the PACT Act is crucial because it means that through all these bills, the FDA keeps the broad authority to determine what are tobacco products, what aren’t, including what are ENDS.
Putting it All Together
So while the PACT Act has added vapes to their no mailing list, they’re up against two other, more powerful bills that specify certain other specifics allowing things like CBD and THC vapes to get through. It also means that supplies that are used for those end purposes are similarly not the focus of the PACT Act, thought at first glance it might seem that way.
The bottom line?
We’re Still Open For Business
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