While many companies are putting everything on the line to try to meet the FDA's PMTA requirements by September 9th, the Senate has been quietly working to stab them in the back, making all that time, money and effort instantly worthless.
The Senate has passed S. 1253, the “Preventing Online Sales of E-Cigarettes to Children Act," a bill that would ban the mailing of vape products through the United States Postal Service (USPS).
The bill would also require FedEx and other carriers to require an adult to show I.D. and sign for any deliveries--at a cost of around $20 per order!
The Senate seems to be acting as if they are unaware that that same service is available through the USPS. For $6.65, the USPS will require an adult who to show I.D. and sign for the package before they will make delivery.
You can see that service offered here:
This nonsensical bill would virtually wipe out all online sales of vape juice and hardware, making these products more expensive and completely inaccessible to customers who live in remote areas or who do not have a local vape shop to supply them. Individuals who are home bound, disabled or unable to drive would be out of luck.
It would also put many vape companies under, just after they have expended every resource trying to meet the FDA's PMTA deadline. Without online retail sales, many companies would not be able to afford to stay in business and would not have enough time to pivot from online sales into only selling wholesale to vape shops. The end result would be the shuttering of many vape companies, including Kai's Virgin Vapor.
Worse, this bill not only ignores a reasonable alternative, that of USPS adult signature, research shows it will do little to prevent vape products from winding up in the hands of minors. The CDC's 2018 National Youth Tobacco Survey showed that just 5.8% of middle and high school students were getting their vape supplies online. The vast majority were obtaining these products from "social sources," that is, friends and family.
Of course, illegitimate sellers, sellers on EBay and purveyors of illicit products such as THC cartridges, will just lie about the contents of their packages so this bill will only punish legitimate businesses who are playing by the rules.
The bill will now move to the House and, if it passes the vote there, it will land on President Trump's desk to be signed into law or vetoed. President Trump has been surprisingly reasonable in his approach to vape restrictions that are not science based in recent months, however, he is not expected to oppose this bill.
PLEASE TAKE ACTION NOW: