PACT Act and Vape Mail Ban Info
Myxed Up to suspend shipping of ENDS products in response to P.A.C.T. Act and Vape Mail Ban
As of the end of our shipping day on Friday March 26th (3:00pm MDT), MyxedUp.com will suspend shipping vape or vape related products (ENDS - Electronic Nicotine Delivery System) including e-cigarettes, e-cigarette accessories, e-juice, vaporizers (concentrate and dry herb vapes), and all vaporizer accessories. We will continue ship these products through the end of next week, but after that time, shipment of these products will cease until we are able to (if we are able) navigate the legal, regulatory, and procedural landscape to continue to ship these types of products. Unfortunately these regulations make it very difficult for the little guy (us and our vape customers) to navigate this new normal. We hope to resume shipping these products to select markets at some point in the future, but at this time, there isn't an easy solution for smaller online vape e-commerce operations.
Please be aware that these changes DO NOT IN ANY WAY impact our ability to sell these products in our brick and mortar retail locations in Colorado. Furthermore, these changes WILL NOT impact our ability to sell any, and all, of our other products on our website that do not meet these definitions of ENDS (Electronic Nicotine Delivery System) products.
We look forward to continuing to service our customers by providing the headiest smoking supplies and accessories around!
Please see below for further information. For a deeper dive, please see this article about the P.A.C.T. Act and Vape Mail Ban by the National Law Review.
In late December 2020, Congress passed a huge spending package that included a coronavirus relief bill, and—buried deep in the 5,000-page document—a law titled the Preventing Online Sales of E-Cigarettes to Children Act, henceforth referred to as the PACT Act.
The Jenkins (PACT) Act now imposes two reporting requirements on all persons, including manufacturers, who sell, transfer, ship, advertise, or offer to sell cigarettes, smokeless tobacco, or ENDS in interstate commerce.
New Registration Requirement: Provides that any person who sells, transfers, ships, advertises, or offers for sale cigarettes or smokeless tobacco in interstate commerce must first file a Registration Statement with the Attorney General of the United States and the tobacco tax administrators of the state into which the shipment is made or in which the advertisement or offer is disseminated.
USPS Ban on Consumer Sales; Third-Party Common Carriers Refusing to Deliver Vapor Products.
As noted, the amended PACT Act now prohibits the use of the USPS to deliver “ENDS” directly to consumers. In terms of the mail ban’s effective date, the Act states that the prohibition on the mailing of cigarettes shall apply to ENDS on and after the date on which the Postal Service promulgates regulations clarifying the applicability of the mail ban on ENDS, which it is required to do within 120 days of the enactment (i.e., by April 27, 2021).