On December 27, 2020, Former President Donald Trump signed an appropriations bill into law will dramatically change the way the American vaping industry conducts business starting in April. Buried deep inside that piece of legislation was an over 5000-page document which seeks to abolish the United States Postal Service (USPS) from delivering vapor products to private homes and perhaps all businesses, as well.
Unfortunately, the devastating news does not stop there. The new law also requires all manufacturers and retailers of vape e-liquids, devices, coils, tanks, and all other products to comply with The Prevent All Cigarette Trafficking Act (PACT Act)—a set of new regulations geared towards further restricting private shipping companies like UPS, FedEx, and DHL from delivering vapor products, as well. Among the new regulations are the following:
- Delivery of any package containing nicotine-related products to a private home address now requires age verification and a handwritten signature upon receipt. (This is important because neither the USPS, UPS, FedEx, nor DHL necessarily want to be responsible for the storage and other responsibilities associated with the almost certain escalating backlog of undeliverable packages that will arise from customers not being home to sign for their packages.)
- Vaping retailers—especially online e-commerce sites—will now be responsible for the collection and reporting of sales taxes associated with the address of the customer rather than the retailer’s state of residence. (This is important because state tax laws are always changing, often with little notice. Furthermore, states and even individual cities often pass new local or regional ordinances which tax tobacco products specifically. Keeping up with this enormous amount of constantly changing data for the entire country will be nearly impossible for the typical small business. They simply do not have the manpower nor the technology to keep up.)
- Manufacturers and retailers must also register with the U.S. Attorney General, which makes them subject to federal regulations specific to “tobacco products.” (Complying with federal law means that vendors must obtain FDA authorization before the shipper will even be allowed to deliver the vaping products door-to-door. The delivery companies will not even be able to accept the packages into their databases until the retailer’s FDA authorization is confirmed via a national website.)
There are other restrictions, of course, but the above-listed items will have the most immediately debilitating effects on the vaping industry nationwide. Consequently, the American vaping community will begin experiencing an immediate and catastrophic impact on their abilities to purchase vapor products beginning April 5, 2021—less than six-weeks from the date of this writing.
Sadly, many members of the American vaping community are completely oblivious to what is happening in Washington, DC. For those vapers who are aware, here are a few ways that you can help fight the national vape mail ban.
- On February 23, the Consumer Advocates for Smoke-free Alternatives Association (CASAA) issued a Call-to-Action announcing that the USPS is allowing a brief period for consumers and businesses in the vaping community to leave comments about the national vape mail ban. Per the new legislation, the FDA will very soon begin announcing additional clarifications to the vape mail ban, such as regulations pertaining to business-to-business delivery of vape products by mail. CASAA has set up an easy-to-use webpage that allows members of the vaping community to send comments to both the USPS and to Congress. All are encouraged to express their outrage against the national vape mail ban immediately.
- Contact President Joe Biden directly through online message. The gov website makes it easy. Please be aware that all respondents will be required to provide their email information and personal or business addresses. So, keep it clean, people.
- Contact your congressional representatives and senators. Thanks to the Internet, locating the contact information of your local government officials is just a few clicks away. Simply CLICK HERE, and then type in your zip code.
- Don’t forget Twitter. It seems that nowadays, every politician—regardless of political party— is obsessed with Twitter. They care more about their tweets being ratioed than how popular they are in the polls. And on Twitter, being polite is not necessarily a requirement.
Over the years, e-cig advocacy groups have bombarded the vaping community with urgent requests to get involved and fight for the right to vape. But this time is, by far, the most critical. If vaping products cannot be shipped by federal mail or private shipping companies, then the supply chain of vapor products will dry up almost overnight. Vaping, indeed, will be dead. And millions of vapers will be driven back into the welcoming arms of Big Tobacco. Please help.
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