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The Preventing Online Sales of E-Cigarettes to Children Act substantially and materially alters how companies sell and ship e-cigarettes and tobacco and cannabis vaping products and components. The act was signed into law on December 27, 2020 and is an amendment to the 2009 Prevent All Cigarette Trafficking (PACT) Act.
Whereas the PACT Act created restrictions on the delivery of cigarettes to consumers, the 2020 amendment expands the definition of “cigarette” to include an “electronic nicotine delivery system” or ENDS. The amendment defines ENDS as, “any electronic device that, through an aerosolized solution, delivers nicotine flavor, or any other substance to the user inhaling the device.” It further lists examples of what ENDS include: e-cigarettes, e-hookahs, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes. Importantly, included in the examples are “any component, liquid, part, or accessory of [an ENDS] device . . . without regard to whether the component, liquid, part, or accessory is sold separately from the device.”