Action Alert: Submit Comments to USPS and Congress about Mailing Vaping Products

It’s time to take action! 

A new law could make it illegal for companies like yours to ship vaping products or components to customers — unless the United States Postal Service clarifies the rules. 

What You Need To Know

On December 21, 2020, Congress passed the Consolidated Appropriations Act of 2021, which included the Preventing Online Sales of E-Cigarettes to Children Act (the Act). The intent of the Act was to prevent underage smoking by applying the same safeguards already in place for cigarettes and smokeless tobacco products to the online sales of e-cigarettes — a mission we all support. The Act amends the Jenkins Act, which generally prohibits mailing of cigarettes to consumers through the United States Postal Service (USPS), to include Electronic Nicotine Delivery Systems (ENDS) and to subject them to the same mailability restrictions.

The Act defined ENDS as any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device. The provisions also extend to any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device. Unfortunately, this definition is overly broad, and despite the name, an item can be interpreted to qualify as an ENDS without regard to whether it contains or is intended to be used to deliver nicotine — this means devices used for the vaporization of cannabis or hemp, essential oils, and other aromatics, or even water vaporizers used for babies.

We share Congress’s concerns regarding the tobacco and nicotine industries. That said, those concerns relate only to specific industries and they do not relate to Non-Nicotine Devices. The youth access problem identified by Congress is specific to certain nicotine products and not state-regulated hemp, cannabis or other products. This is clear when we look at the plain language of the ENDS definition and the legislative history of the Act. Applying the Act to Non-Nicotine Devices is not only illogical and contradictory, but it runs counter to the data-driven, science-backed approaches to youth prevention that make for good policy.

How You Can Take Action

Our friends at HeadCount’s Cannabis Voter Project want to help you make your voice heard! Text CANNA VAPE to 40649 or click the link below to find out how you can take action. 

Learn more and take action here: https://p2a.co/924QhrE by Friday, March 19, 2021.

We have teamed up with Cannabis Voter Project to develop a convenient landing page that will allow you, your customers, and the rest of your network to easily submit comments to the USPS and their representatives in Congress: https://p2a.co/FyUcHVr 

To maximize effectiveness, please consider the following steps:

• In your email and social media posts, have a clear call to action (e.g., “Click here to send to your comments to Congress”)
• If using Instagram, use the swipe up feature on Stories to send viewers to the landing page

Take action here https://p2a.co/924QhrE by Friday, March 19, 2021.