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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 comp
Client Alert: Congress Orders Imposition of Shipping Restrictions on Vaporizer Devices, Components, and Accessories | Neal, Gerber & Eisenberg LLP
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On December 22, 2020, we
blogged about the omnibus 2021 Consolidated Appropriations Act passed by Congress, which included legislation extending the applicability of the Prevent All Cigarette Trafficking (“PACT”) Act to electronic nicotine delivery systems or “ENDS.” The legislation, called the
‘‘Preventing Online Sales of E-Cigarettes to Children Act,’’ sweeps ENDS into the PACT Act by amending the PACT Act’s definition of a cigarette to include electronic nicotine delivery systems, thereby subjecting remote sales of these products to various requirements and restrictions. Another important feature of this new law is that the defined term “ENDS” in this new legislation actually covers more than electronic
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