Written by the World Vape USA Team · Sources: ATF, PACT Act, USPS · For licensed retailers.
For licensed retailers only, 21+. WARNING: This product contains nicotine. Nicotine is an addictive chemical.
Quick answer: Under the PACT Act, an online vape retailer that ships to consumers must register with the ATF and each state’s tobacco tax administrator, file monthly reports by the 10th, verify age through a commercially available database, pay applicable taxes and ship with an adult signature and ID check at delivery. The U.S. Postal Service can’t be used to mail vapes to consumers.
Selling vapes online?
Get your sourcing and invoices in order with a licensed wholesale distributor.
In this guide
- What the PACT Act covers
- The core requirements
- Delivery: adult signature and no USPS
- Penalties for getting it wrong
- Where wholesale fits in
- Quick facts
- Frequently asked questions
- How World Vape USA supports online retailers
- Sources
What the PACT Act covers
The PACT Act for vape retailers started as a cigarette law. In a law signed December 27, 2020, which took effect in 2021, Congress extended it to electronic nicotine delivery systems (ENDS), which includes vapes, e-liquids and their parts. Under the PACT Act, vape retailers that sell remotely and ship to consumers are “delivery sellers.”
The core requirements
| Requirement | What it means |
|---|---|
| Register | With the ATF and each state’s tobacco tax administrator before you ship |
| Report monthly | File a report with each state you shipped to, by the 10th of the next month |
| Verify age | Check name, birth date and address against a commercially available database |
| Pay taxes | Collect or pay applicable state and local excise taxes |
| Label packages | A required federal notice on the outside of the package |
| Weight limit | No more than 10 pounds per delivery |
| Keep records | Delivery records for four years |
Delivery: adult signature and no USPS
Every delivery must be signed for by an adult of legal purchase age who shows ID. Packages can’t be left at the door or in a mailbox. The Postal Service can’t mail vapes to consumers, so online stores ship with private carriers. Major carriers have restricted consumer vape shipments, so confirm you have a current carrier agreement before you launch. For checkout age checks, see Age verification for online vape stores.
Stocking an online store?
Keep clean wholesale invoices for every product you ship.
Penalties for getting it wrong
Civil penalties start at $5,000 for a first violation and $10,000 for later ones, or 2% of the prior year’s gross sales, whichever is greater. Sellers who don’t comply can be placed on a federal noncompliant list that goes to carriers and state officials, which can cut off delivery entirely.
Where wholesale fits in
The PACT Act governs how you sell and ship to consumers. Your supplier side matters too: wholesale invoices document where your products came from, which supports your tax filings and state licensing. See Vape wholesale for online stores.
Quick facts
| Question | Answer |
|---|---|
| Applies to vapes since | Signed December 27, 2020 |
| Register with | ATF and state tobacco tax administrators |
| Monthly reports due | By the 10th |
| Delivery | Adult signature with ID |
| USPS | Can’t mail vapes to consumers |
| Records | Keep for four years |
Frequently asked questions
Does the PACT Act apply to vape retailers?
Yes. Since December 2020, the PACT Act covers electronic nicotine delivery systems, including vapes and e-liquids.
Who has to register under the PACT Act?
Delivery sellers, meaning businesses that sell vapes remotely and ship them to consumers.
Where do I register?
With the ATF and with the tobacco tax administrator in each state you ship to.
When are PACT Act reports due?
Monthly, by the 10th, for the previous month’s deliveries to each state.
How do I verify age for online orders?
Check the buyer’s name, birth date and address against a commercially available database.
Does a vape delivery need a signature?
Yes. An adult of legal purchase age must sign and show ID.
Can I ship vapes with USPS?
Not to consumers. Use a private carrier with a current agreement.
Is there a weight limit?
Yes. A single delivery can’t exceed 10 pounds.
How long do I keep records?
Four years.
What are the penalties?
Civil penalties start at $5,000 for a first violation, and noncompliant sellers can be cut off by carriers.
Does this apply to sales between businesses?
Wholesale sales between licensed businesses are treated differently from consumer delivery sales. Check with your counsel.
How do I open a wholesale account?
Create a free account on worldvapeusa.com and submit your business and license details. Wholesale accounts are for licensed retailers 21 and older. Questions? Call (331) 979-7113 or (630) 359-3788.
How World Vape USA supports online retailers
World Vape USA is a B2B vape wholesale distributor at 845 N. Larch Ave, Suite 3, Elmhurst, IL 60126, supplying vape shops, smoke shops and online vape retailers with wholesale disposables, e-liquid, nicotine pouches, vaporizers and smoke shop supplies. Wholesale accounts are for licensed retailers only. Open a wholesale account, contact us or call (331) 979-7113 or (630) 359-3788.
Source from a licensed distributor
Wholesale accounts are for licensed retailers only. Create your account online, then order by the case.
Related posts and products
- Vape wholesale for online stores
- Age verification for online vape stores
- Vape wholesale rules by state
- How wholesale ordering works
Sources
- ATF: Vapes and E-Cigarettes
- ATF: Prevent All Cigarette Trafficking (PACT) Act
- Farella Braun + Martel: New Restrictions on Sales and Delivery of E-Cigarettes
- DLA Piper: Takeaways From the USPS Rule on Mailing Vape Products
For licensed retailers only, 21+. WARNING: This product contains nicotine. Nicotine is an addictive chemical.
This post is general information for retailers, not legal advice. Confirm current federal, state and carrier rules with your own counsel.
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