Congress amended the Prevent All Cigarette Trafficking (PACT) Act in 2021 to include new regulations regarding the delivery and sales of electronic nicotine delivery systems (ENDS), which include e-cigarettes, vapes, pods or any component, liquid, part or accessory of a vaping device.
Any person or business that sells, transfers or ships for profit any ENDS in interstate commerce must register with ATF. They must also register with any states into which they ship ENDS.
The amendment includes additional laws designed to protect young people from the long-term health effects from using vapes and other smokeless tobacco products. These include 1) verifying the age of customers for all purchases, 2) requiring an adult with ID to be present for delivery, and 3) labeling shipping packages to show they contain tobacco products.
Postal Ban on Shipping Vapes
The amended PACT Act bans the U.S. Postal Service (USPS) from mailing vapes and other smokeless tobacco products. The amendment includes a partnership between ATF and the USPS in association with the Food and Drug Administration’s Tobacco 21 law, which prohibits the selling of all tobacco products to people under the age of 21. The USPS final rule was published in the Federal Register in 2021.
According to a 2019 CDC industry update, one out of every 10 high school students reported using tobacco products, due in part to easy access through mail deliveries and online sellers. In response to this issue, the PACT Act amendment prohibits sellers from using the USPS to ship e-cigarettes, vapes and flavored and smokeless tobacco products. The PACT Act applies to all shipments in interstate commerce (15 U.S.C. § 376) and delivery sales.
Preventing Online Sales of E-Cigarettes to Minors
The Preventing Online Sales of E-Cigarettes to Children Act was created in 2019 to reduce the access of children and teens to online sales of smokeless tobacco products. According to a 2020 study by the Centers for Disease Control and Prevention (CDC), 85% of high school students and 74% of middle school students who had used tobacco products in the previous 30 days reported using a flavored tobacco product. The CDC also found that most of the students were influenced by mass media and their peers to use ENDS, which often resulted in health issues, such as delayed brain development, lung damage and the possibility of future addiction to other drugs.
Tax Compliance
Under the PACT Act, delivery sales of ENDS must comply with state, local or tribal laws involving excise taxes on these devices.
Contact Us
Email your questions or comments to ATEBMailbox@atf.gov.
