PACT Act Information
DISCLAIMER: All information on this page is accurate as of Oct 29, 2021. We will update you as more information becomes available.
The PACT Act has significantly affected the vaping industry on both the retail and wholesale aspects of the business. We know you may have some questions regarding the PACT Act and how it will affect your ability to purchase your favorite vape products.
The PACT Act was amended in December 2020 as part of the omnibus spending bill to include vape products in the definition of tobacco products. By March 27, 2021, the PACT Act will require online retailers to comply with all state and local vape sales regulations, including excise tax and sales tax where applicable. Moreover, the PACT Act requires an adult signature on all consumer deliveries within the United States.
Online retailers will also be subjected to new compliance requirements including potential changes to record-keeping, labeling and packaging on their orders, as well as potentially reporting to state and federal agencies, namely the Bureau of Alcohol, Tobacco, and Firearms (ATF) and state tobacco tax departments. Additionally, USPS will be prohibited from shipping vape products to consumers.
The following shippers have ended the shipping of vaping products to individual customers:
FedEx has ended shipping of vape products as of March 1, 2021.
UPS has ended shipping of vape products as of April 5, 2021.
USPS has ended shipping of vape products as of October 21, 2021.
Below is a timeline of events regarding the PACT Act.
PACT TIMELINE OF EVENTS
Please Note: All times and dates are anticipated and may change without notice. This image is courtesy of ejuice.deals.
Before April 26, nothing will change. As of March 26, 2021, adult signature is required for all vape shipments via USPS (you can find out more about adult signatures in the Frequently Asked Questions section). We will keep you updated on shipping options as more information becomes available.
How can you still ship vape products?
As long as businesses comply with all of the PACT Act rules and regulations, it is still legal to sell and ship vape products to end consumers. We currently have alternative delivery networks in place due to the major national carriers ending shipment of vape products. Our priority is giving you access to your favorite vape products and we are committed to doing that in every way possible under the law.
Are the prices of vape products going to increase?
The short answer is yes. However, we are working on solutions to minimize the cost to the customer as much as possible. We want you to be able to access your vaping products at the most affordable price point.
Why am I being charged these taxes?
Part of the PACT Act regulations require retailers to collect sales and excise tax for sales that are shipped into certain states. These states charge local and excise taxes based on the wholesale price or by mL. You can check out what states charge taxes on vape juices and hardware here. All information on this page is current as of January 2021.
Why is adult signature required?
Prior to the changes to the PACT Act, it was left up to the states whether or not they would require adult signature for vape related shipments. Now, all states require adult signature as a way to prevent minors from obtaining vape products online. This will add to the cost of your order.
What is adult signature?
Adult signature means that someone who is 21 years of age or older living at your address must sign for your shipment. They must have a valid photo ID to show to the mail carrier and sign for your package.
What if I’m not home to sign for my delivery?
We strongly suggest that you include a delivery address where someone who is over the age of 21 is available to sign for your shipment most days during usual business hours. But, if you, or someone you designate, are not able to sign for your shipment, please refer to the specific carriers notices/instructions relating to redelivery attempts and possible pick-up locations. If your place of business is willing to accept your vape shipments from us, we recommend you use their delivery address as an alternative to your own.
What states are charging excise tax?
As of April 13, 2021, these are the states charging excise taxes. Some states charge by a percentage of the wholesale price, some states charge by the mL, and a few states utilize multiple methods of taxation.
DISCLAIMER: The status of these states are subject to change without notice. As of April 13, 2021, this map is accurate. Data is from IGEN.
Does this mean online retail will go away after USPS bans vape products from being shipped?
No. Online retailers are finding alternative methods to ship your products directly to your home. As a reminder, USPS officially banned the shipment of vape products throughout their network on October 21, 2021.
Are my favorite brands and flavors being discontinued?
As of this writing, we are continuing to work with manufacturers to keep your favorite vape juices and hardware in stock. There may be changes to our inventory in the next few months due to regulations such as PMTA, but we will do our best to keep your favorite vape products in stock.