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As many in the vapor industry have been preparing for the impending Prevent All Cigarette Trafficking (PACT) Act changes affecting ENDS products (electronic nicotine delivery systems), one key missing piece has been the United States Postal Service (USPS) final rule. The final rule from USPS would determine the path forward for ENDS manufacturers and distributors seeking the business exception under the mailability rules - along with all the commensurate record keeping, labeling, and recipient rules.
As the Clark-Esposito Law Firm, P.C. has been monitoring and covering PACT Act updates throughout this period, there is now an important new update on this topic.
As of April 19, 2021, USPS rules related to ENDS products and the PACT Act are on hold, as USPS has announced it is not yet ready to publish its final rule on ENDS. This is largely due to what USPS described as tight timeframes and unprecedented burdens on its existing resources.
While this was an unexpected turn for the vapor industry, for the time being, ENDS products are not subject to PACT Act for USPS purposes until the final rule is published - and there is currently no defined timeframe on when that may occur.
In plain terms, what this means is that shipping ENDS products via USPS may continue unaffected by PACT Act rules until the USPS final rule is published (subject, of course, to all other existing USPS mailability rules).
As always, we continue to closely monitor developments in this space, and will update when additional guidance, or a final rule, are published. In this most recent update, USPS has also offered advice for industry participants who wish to begin preparing for the eventual final rule - practical early steps which are expected to streamline compliance down the road. The Clark-Esposito Law Firm, P.C. can assist anyone wishing to get an early start on PACT Act compliance so that the eventual final rule does not overwhelm your operations.
Have questions related to anything you've read above? Feel free to connect with us using the Contact form at the bottom of the Home page or send us an email at contact@clarkespositolaw.com.