This article by Kevin O was originally published on TVape, and appears here with permission.
On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, a spending bill to provide stimulus to the American people during Covid. But it sneakily applied a vape mail ban as well.
Buried within that act were 5 nasty pages which included the “Preventing Online Sales of E-Cigarettes to Children Act“
Why are vapes being banned from the mail?
Aimed to curb underage smoking, this act puts in place the same limitations that already exist for cigarettes and other tobacco products and applies them to the online sales of e-cigarettes.
Keeping e-cigarettes and tobacco products out of the hands of the youth is something we all can agree on.
However, the act goes a step further by amending the Jenkins Act, which generally prohibits the mailing of cigarettes to customers through the United States Postal Service (USPS).
Lumping in Electronic Nicotine Delivery Systems otherwise known as “ENDS” in the act. These ENDS now have the same mailing restrictions forced upon them as cigarettes.
Broad Strokes Affects Many Folks
The biggest issue with this act is the wording.
In the act it defines ENDS as any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.
Pretty broad and general right?
It could pretty much be used to describe any device, from aromatherapy products, to baby vaporizers, or oil vapes and wax devices.
The guidelines also include any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.
Once again, extremely broad in its scope, so now we’re talking, mouthpieces, balloons, whips, capsules, wax tanks, etc.
Almost anything can be interpreted to fall under an ENDS the way the act is worded.