We are reaching to let you know that online vape sales may come to an end due to a bill that was signed early this year.
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.
What you can do about this?
Go to https://casaa.org/call-to-action/usps-vape-mail-ban-comment/ and leave a comment to both USPS and CONGRESS at the bottom of the page and CASAA will send that message for you.
If you have any comments or need more information about this please let us know by replying to this email.
Your message counts!
All messages count!
FAQ source: CASAA
Why submit a comment if it won’t change anything?
There is a critical flaw in the new rule that must be highlighted repeatedly: Congress does not understand the products or the stakeholders affected by this regulation (which is one reason why it granted the authority to regulate tobacco and nicotine to the FDA). This being the case, new laws restricting access to safer nicotine and tobacco products are likely to fall short of their stated goals. In a worst case scenario (like the one we’re living in now), the new regulations inflict immediate injury and lasting harm.
The USPS is genuinely seeking feedback and suggestions regarding unforeseen and unavoidable consequences that may result from the new rule. There are questions of accuracy involving language and weights-and-measures, as well as how USPS will determine which packages to reject. Although answers to these questions may not change the ban on shipments of vapor products to consumers, it is vital that we are engaged.
Sharing your experience with switching to vaping or other smoke-free products provides context for officials that isn’t shown in “the data” or offered by supporters of harsh regulations. Your comments add weight to the evidence showing how successful safer alternatives to smoking can be – given the right balance of control and access. Just as this is true for your comment to the USPS, it applies to all opportunities for sharing your experience to a permanent, official record.
Can’t vapers and companies just use other carriers?
FedEx and UPS have also issued policy changes banning the shipment of vapor products, which become effective in the coming months.
Additionally, the shipping of vapor products is only one part of the problem created by this legislation. Including vapor products into the PACT Act subjects them to a number of expensive and burdensome regulations overseen by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives). And while some large online retailers and manufacturers are working on shipping solutions, the new law will likely make online sales directly to consumers virtually impossible for most small vaping businesses.
