Fulfillment Wiki

PACT Act

PACT Act, the Prevent All Cigarette Trafficking Act of 2009, signed March 31, 2010, regulates remote sales of cigarettes and smokeless tobacco and, since a December 2020 amendment, electronic nicotine delivery systems such as vapes.

2010, extended to vapes 2020 US federal Enforced by ATF, DOJ and USPS 15 U.S.C. 375 to 378; 18 U.S.C. 1716E

What it requires

Delivery sellers must register with ATF and each state's tobacco tax administrator, file monthly reports of sales into each state by the 10th, pay all state and local taxes before delivery, verify buyers' ages and use delivery that requires an adult signature and ID check. The products are nonmailable through USPS, with narrow exceptions. Violations can bring civil penalties and felony charges carrying up to three years in prison.

Why it matters

The PACT Act closes most parcel networks to vape and tobacco products: USPS cannot carry them, and UPS and FedEx stopped most consumer deliveries of these items. A 3PL that takes on a vape brand must verify the brand's ATF registration, use carriers that offer compliant age verification and track state taxes and flavor bans. Mistakes bring carrier account suspension and legal liability, which is why many fulfillment providers exclude these products entirely.

Related laws

Sources

  1. ATF: Prevent All Cigarette Trafficking (PACT) Act atf.gov
  2. 18 U.S.C. 1716E, Tobacco products as nonmailable law.cornell.edu

Not legal advice.