If you’re involved in vape culture, you may have heard of the PACT Act, an impactful shipping vape ban legislation Whether you’re new to the world of vaping or a seasoned cloud-chasing veteran, it’s likely you’ve heard chatter about these new regulations being put into effect by the US government. Many consumers fear they won’t be able to buy their vapes, e cigs, vape juice, accessories, etc because of PACT. With so many articles and opinions, it can be tricky to separate misinformation from truth. But don’t worry, our experts here at VaporFi are here to dispel incorrect rumors and lay out the facts. 

Before we discuss the modern-day implications of PACT, it’s time for a quick history lesson on how we got here. The roots of the modern PACT Act lie in the Jenkins Act. In 1949, this law was passed to combat illicit sales and tax evasion committed by cigarette shippers. The Jenkins Act accomplished this by requiring interstate shippers to report cigarette sales to state tobacco tax administrators. 

This law remained the same for some time but was amended by the more aggressive PACT Act, 60 year later, in 2009. PACT stands for “Prevent All Cigarette Trafficking.” This law was put into effect by the FDA when it gained control of tobacco products via the Tobacco Control Act. So what does this law do? 

1. The PACT Act prohibits USPS from delivering cigs and smokeless tobacco directly to consumers.
2. PACT also requires all cigarette/tobacco vendors to register with ATF (Bureau of Alcohol, Tobacco, Firearms, and Explosives)
3. PACT also requires tobacco vendors to file a monthly report that lists names of persons delivering and receiving tobacco products as well as the brand and quantity of shipments.

You might be wondering, “how do these restrictions on traditional tobacco and cigarettes affect vaping?” In 2020, the Preventing Online Sales of E-Cigarettes to Children Act was passed. This is an amendment to the PACT Act that adds Electronic Nicotine Delivery Systems (also known as ENDS) to the list of regulated products. The US government 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.” Thus, this definition of ENDS includes all vaping products, accessories, and parts, whether they do or do not contain nicotine.

So can e-cigarettes be shipped? Unfortunately, this means that the USPS cannot ship vapes, vape juice, vape accessories, etc. As of October 21, 2021, this shipping e-cig ban is in effect for both nicotine and cannabis vape products. Further adding to the issue is that FedEx and UPS have also jumped on this bandwagon to ban the transportation of vaping products. Business to business shipping is exempt from this USPS ban, however, businesses must apply for an exemption, a difficult and potentially time-consuming process.  

These new regulations can be stressful, but don’t worry, VaporFi is not going anywhere. We remain completely dedicated to our customers and to providing the highest quality vape products on the market at the most affordable prices. We are still carrying all our standard products. To rectify the shipping inconveniences brought about by PACT, we have enlisted alternative shipping providers to ensure you will be able to receive your products as usual. For the comprehensive list of all our shipping updates, please visit the Shipping Updates page. 

As it currently stands, consumers can still purchase e-cigs and e-liquids online, as long as the age of the purchaser can be verified (as 21 years or older) at time of purchase and delivery. Additionally, for e-juices, the label must clearly state “CONTAINS TOBACCO PRODUCTS: SIGNATURE OF PERSON 21 YEARS OF AGE OR OLDER REQUIRED FOR DELIVERY”. Many vape manufacturers are currently working on updating their business practices to comply with these new regulations. Thankfully, with VaporFi, you can still shop your favorite devices and e-liquids online!

The new legislation called the Preventing Online Sales of E-Cigarettes to Children Act will prohibit the shipping of e-cigarette products through the U.S. Postal Service or any other public or private postal service unless the buyer's age can be verified (21 years or older)

As of 2021, FedEx decided to prohibit the shipping of all tobacco and tobacco products; even if the seller has proper licenses and authorization. Tobacco products will not be accepted at any FedEx or FedEx Office location. Unfortunately, this includes vaporizers, e-liquids and even accessories such as tanks and coils.

UPS has prohibited shipment of all vaping products throughout the United States, regardless of nicotine content and the state it is being shipped to. Even if a shipper is permitted to ship and receive vaping products under applicable laws or regulations, UPS has still chosen to refuse these shipments. Moreover, UPS defines “vaping products” as e-cigarette devices and e-liquids or gels. The ban covers shipping to both consumers and businesses.

As a result of the Pact Act vape ban, vape devices and products cannot be shipped to the following states:

• Arkansas: Prohibition on Online Sales
  • In Arkansas, tobacco permits for businesses are restricted to in-person transactions only, thereby prohibiting any form of online sales.
• Georgia: No Online Sales
  • In Georgia, the sale of vaping products is limited to face-to-face retail interactions, effectively banning online sales.
• Hawaii: Restrictions on Out-of-State Online Sales
  • Hawaii's regulations forbid online sales from out-of-state sources, unless the buyer is a licensed retailer.
• Maine: Online Sales Restrictions
  • Online sales of vaping products in Maine are banned, with the exception of transactions between licensed businesses.
• New York: Flavor and Online Sales Ban
  • New York's April 2020 legislation banned all vape flavors except tobacco and simultaneously prohibited all online vaping product sales.
• Oregon: Online Sales Limitation
  • Oregon restricts online sales, permitting them only between licensed businesses.
• South Dakota: Shipping Ban
  • South Dakota prohibits the shipping of all tobacco products, including vaping items.
• Utah: Online Sales Prohibition
  • Utah's laws ban online sales, with exceptions for transactions between licensed businesses.
• Vermont: Online Sales Ban
  • Similar to other states, Vermont bans online sales, except for transactions between licensed businesses.

Additional information can be found on our Shipping Restrictions page. This offers detailed information on shipping based on state and whether we can ship to you.

Recent vaping laws and shipment regulations have made it extremely difficult to sell vaping products online. All major postal services have been ordered to implement a ban on e-cigarette shipments to consumers. Many businesses have suffered greatly and some have even had to go out of business because of these strict mandates. 

E-commerce sites like VaporFi, have had to turn to private courier networks in order to be able to ship products to our loyal customers. Despite this causing a huge spike in shipping fees for many other sites, VaporFi still offers free shipping for all orders over $65. We appreciate your patience as we navigate these difficult changes and hope that you will continue to support us.