Tag: mail ban

No Update on When USPS Expects to Publish Vape Rules
The industry is still in flux. Many businesses closed or found more expensive shipping options. Some companies stopped shipping and then started again knowing that it could all end at any minute. As of this writing, however, the United States Postal Service (USPS) has yet to publish its final rule for mailing vaping products.
Credit: Tomasz Zajda
On April 19, the USPS issued guidance for exemptions to the requirements for mailing all vapor products, including cannabis. This was in response to the U.S. Congress placing electronic nicotine-delivery systems (ENDS) under the stringent mailing requirements of the Prevent All Cigarette Trafficking (PACT) Act. That guidance only references that a rule could be published at any time and the ban on mailing vaping products to consumers would take effect immediately after the rule is published.
“A forthcoming final rule will determine whether electronic nicotine-delivery systems (ENDS) may continue to be mailed pursuant to certain statutory exceptions that are currently administered through an application process,” the guidance states. “Until the final rule is issued, ENDS are not subject to the PACT Act …”
Many businesses ended shipping to consumers on or before April 26, a day before the assumed effective date of the USPS rules. The comment period closed March 22 and the USPS stated that it had received “numerous comments” pertaining to its proposed ENDS mailing rules. An e-mail to USPS media relations did not receive a response by this writing.
The USPS is required to use a definition of ENDS so broadly that it can be interpreted to include and inhalable electronic delivery system for any product. These means restrictions also apply to ENDS products such as: “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 [ENDS], without regard to whether the component, liquid, part, or accessory is sold separately from the device,” according to the law.
Many in the industry think Congress overreacted placing ENDS under the PACT Act requirements. The PACT Act was intended to stop manufacturers from avoiding taxes on combustible tobacco products, not keep them out of the hands of youth. Congress said it amended the PACT Act to protect kids from vaping. There has been no evidence that youth can easily purchase vaping products online.
This USPS says its just following the orders of Congress. It’s also turning out to be more complicated than just ending all vape mail. The USPS was inundated with exemption applications, none of which will be addressed until the final rule is published, according to the USPS.
“Despite our best efforts, in order to ensure thorough and thoughtful consideration of the complex issues and voluminous comments by industry, individual, and governmental stakeholders, the Postal Service is unable to publish a final rule by today’s target date,” said David P. Coleman, a USPS spokesperson, in an email to Marijuana Business Daily, adding that his agency would “finalize the rule as soon as possible” and “mailers should be prepared for implementation upon publication anytime.”
May 5, 2021
Vape Mail Ban Imminent, No Confirmed Date

Today could be the last day businesses can mail vapor products to consumers through the United States Postal Service (USPS). However, nothing is official just yet. The mail ban was predicted by many in the industry to go into effect on April 27, 2021, but the final rule must still be published in the Federal Register. Currently, effective March 28th, 2021, recipients of all vaping product(s) purchased online are required, by law, to present ID and sign for their delivery.
Credit: Sam Larussa
On April 19, the USPS issued guidance for exemptions to the requirements for mailing all vapor products, including cannabis. This was in response to the U.S. Congress placing electronic nicotine-delivery systems (ENDS) under the stringent mailing requirements of the Prevent All Cigarette Trafficking (PACT) Act. That guidance only references that a rule could be published at any time and the ban on mailing vaping products to consumers would take effect immediately after the rule is published.
“A forthcoming final rule will determine whether electronic nicotine-delivery systems (ENDS) may continue to be mailed pursuant to certain statutory exceptions that are currently administered through an application process,” the guidance states. “Until the final rule is issued, ENDS are not subject to the PACT Act …”
Many businesses ended shipping to consumers on or before April 26, a day before the assumed effective date of the USPS rules. The comment period closed March 22 and the USPS stated that it had received “numerous comments” pertaining to its proposed ENDS mailing rules. An e-mail to USPS media relations did not receive a response by this writing.
The USPS is required to use a definition of ENDS so broadly that it can be interpreted to include and inhalable electronic delivery system for any product. These means restrictions also apply to ENDS products such as: “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 [ENDS], without regard to whether the component, liquid, part, or accessory is sold separately from the device,” according to the law.
Violators are no longer dealing only with the U.S. Food and Drug Administration (FDA). The PACT Act requires companies to now register with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as the enforcement agency for violating PACT Act requirements. Companies shipping vapor products must also file monthly reports with state tobacco tax administrators and retain federal, state and local compliance records that should be available upon request.
Unless changes are made, an exemption must be made for companies mailing cannabis vape products, such as CBD vape pens, as well as other potentially exempt mailings such as business-to-business mailings or research. Companies must create a list of all businesses that would receive mail and a list of detailed information on the business and products being shipped. The USPS also says it is unsure if normal PACT Act exemptions will apply to ENDS product. It will also not process any exemption requests until after the final rule is published.
Credit: blr60
“If any of the relevant exceptions are ultimately made available for [electronic nicotine delivery systems (ENDS)], then, given the highly decentralized nature of the ENDS industry relative to the industries historically covered by the PACT Act, the Postal Service anticipates receiving ENDS-related exception applications at a rate several orders of magnitude above the historic norm,” the guidance reads. “The Postal Service has not yet determined whether and to what extent those exceptions will be extended to ENDS. Early acceptance of applications would pose significant administrative challenges for the very Postal Service personnel who are developing the final rule amid substantial public comment under a tight timeframe.”
For hemp and CBD products with a THC concentration not exceeding 0.3 percent, the USPS states that mailers must retain, and prepare to make available upon request, “records establishing compliance with all applicable federal, state, and local laws pertaining to hemp production, processing, distribution, and sales, including the Agricultural Act of 2014 and the Agricultural Improvement Act of 2018.” These records may include laboratory test results, licenses, and compliance reports.
The repercussions of the USPS vapor mail ban on the vaping industry will not be realized for some time. While the PACT Act requirements have forced many businesses to close, the vapor industry is used to dealing with a great amount of uncertainty. It does not seem like that is going to change any time soon.
April 27, 2021
PACT Act Forces White Cloud to End All Online U.S. Sales
White Cloud Electronic Cigarettes, a stalwart in the vaping industry, will end all online sales for U.S. customers on March 26 at 4pm. In a post on its Facebook page, the vapor company stated that it will continue to fill international orders (the vape mail ban is for U.S. customers) and will post a list of retail stores that will still carry White Cloud products.
“This was not a decision we wanted to make, especially after putting so much effort into submitting our PMTAs to the FDA and ensuring our products never reached the hands of minors. But, after spending the last couple of months searching for a solution to the vape mail ban, we’ve reached the end of all possible options and there is simply nothing we can do to continue shipping domestically,” the post states. “We will be fulfilling all U.S. orders until March 26, and inventory is running out rather quickly, so we urge you to place an order as soon as possible to ensure you’ll have a chance to stock up on your favorite White Cloud products for the last time.”
The company asks that vapor industry advocates send a message to Congress, as well as support the Consumer Advocates for Smoke-free Alternatives Association (CASAA), an advocacy group to raise awareness and protect consumers right to access reduced harm alternatives. CASAA has organized a campaign to fight the U.S. mail ban.
“CASAA has been made aware that some lawmakers are refusing to acknowledge the validity of organized consumer campaigns, and are insisting their constituents contact them directly via their website,” a recent CASAA statement says. “Therefore, CASAA is recommending that you also copy and paste your comments from our form below to the contact form on your lawmaker’s website. You can find their website by using our Legislator Lookup tool.”
If interested in becoming a distributor for White Cloud, the company asks that an email be sent via the contact form on its website: https://www.whitecloudelectroniccigarettes.com/contacts/
March 11, 2021
U.S. Congress Bans USPS From Mailing ENDS Products
The U.S. Congress has banned all electronic nicotine delivery system (ENDS) products from being mailed by the United States Postal Service (USPS). The rule change was lumped into the Covid-19/ omnibus budget bill passed yesterday. The proposal, collectively called the Consolidated Appropriations Act,
2021, now awaits a signature from President Trump to become law. Trump is expected to sign the bill later today.
Credit: Motion Studios
The updated provision redefines the word “cigarette” under the Prevent All Cigarette Trafficking Act (PACT Act), which is part of the federal Jenkins Act, to include ENDS products.
By including ENDS products within the PACT Act, manufacturers and retailers will be banned from shipping vaping products to consumers using the USPS within the next 120 days. All orders of vaping products will be required to ship using an alternate (and considerably more expensive) service that verifies the recipient of a package is at least 21 years old.
Beginning 90 days after enactment, all online retailers also will be required to file monthly reports with native, state and local governments disclosing the identity, address and product received for all customers, as well as remit any excise taxes owed.
Many vaping industry advocates are angered by the text of the proposal because legislators used an expansive definition of what qualifies as an “electronic nicotine delivery system” that seems to include products that may not contain nicotine. The term “means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” the legislation states.
Greg Conley, president of the American Vaping Association, said that despite the inclusion of the word “nicotine,” the definition used in the bill is so broad that it appears to capture vaping liquids containing CBD and standalone devices intended for vaping THC or other substances.
“The sponsors of this legislation repeatedly refused to consider common sense amendments that would have protected youth, while also not needlessly shutting down small businesses. Thanks to their intransigence, the language included in the omnibus is so sloppily drafted that it will also ban the USPS from shipping CBD liquids intended to be vaporized, as well as devices intended for use with THC or other non-nicotine substances,” said Conley. “There are still 36 million American adults smoking combustible cigarettes and over 400,000 will die from smoking-related illnesses this year alone. The American people should start questioning why their government is so intent on making it harder for adults to quit smoking.”
According to its website, UPS prohibits the shipment of all cigarettes and little cigars to consumers, regardless of destination state. Other tobacco product shipments must be made using the “UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.”
Trump has the authority to use a line item veto on the provision and still pass the larger bill, though that is not expected.
December 22, 2020