Vape Update – USPS Issues Final Rule Banning Vape Products Being Sent Through U.S. Mail

Oct 26, 2021

The U.S. Postal Service has issued a final rule banning vape products (both nicotine and cannabis) from being shipped via U.S. Mail. The ban took effect on October 21, 2021 when the final rule was published in the Federal Register. The ban prohibits the use of the U.S. Mail to ship vaping products to residential addresses. There is an exception for intra-state deliveries within the states of Alaska and Hawaii. The rule follows the passage of the Preventing Online Sales of E-Cigarettes to Children Act which was passed in December 2020. The law says that the Postal Service may not deliver to a residence “(1) any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device; and (2) any component, liquid, part, or accessory of an ENDS, regardless of whether sold separately from the device.” Vaping devices used with cannabis oil or concentrates, and their components and parts, are banned from being shipped through U.S. Mail, along with nicotine vaping products, including e-liquid. The rule makes no distinction between products made for use with tobacco-derived or synthetic nicotine.

The new rule does exempt business to business shipments from the ban. However, companies wishing to use the U.S. Mail for business to business shipping will need to be approved by USPS before any shipments can be mailed. Additionally, private individuals may ship up to 10 packages to another individual during a 30-day period. The transactions must be non-commercial in nature, weigh no more than 10 ounces each and be shipped using specified services requiring adult signature at delivery.

More details can be found at the USPS website at: https://pe.usps.com/PACTAct/Index