What does this mean for vapor product businesses?On December 27, 2020, Congress voted to include Electronic Nicotine Delivery Systems (ENDS) in the Prevent All Cigarette Trafficking (PACT) Act.
So how does this impact business? The upshot is that ENDS manufacturers, distributors and retailers will need to be set up to comply with all PACT Act requirements by March 27, 2021 (the PACT Act goes into effect for ENDS on March 28). These include: ・Registration with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the tax departments of most states they ship into; ・Collection of excise taxes imposed by each state and locality where they ship; and ・Compliance with all state and local requirements applicable to the sale of vapor products. Contact us for registration and compliance help! California will begin stepping up its enforcement of licensing and tax obligations for online retailers. Check out our Tax Updates page for more details.
The Massachusetts Public Health Council formally repealed the state's vapor product ban today, as the council passed new regulations restricting the sale of flavored vapor products and products containing high levels of nicotine. The new regulations follow Governor Charlie Baker's signing into law An Act Modernizing Tobacco Control on November 27.
The regulations include, among other things: 1. A restriction on the sale of flavored vapor products, except in smoking bars for on-site consumption; 2. A limitation on nicotine content of 35 milligrams per milliliter,except for retail tobacco stores or smoking bars; and 3. A prohibition on accepting coupons that provide free or discounted tobacco products. Click here for the unofficial text of the new regulations. On November 13, the minimum age for purchasing tobacco and vapor products will be raised to 21. Assembly Bill A00558A was signed by the governor in July of this year and places New York among 18 other states, and scores of localities, who have passed 21 minimum age laws.
Governor Andrew M. Cuomo released an announcement today. The Massachusetts Appeals Court upheld Superior Court Judge Douglas Wilkins' October 21st order, giving the state's Governor and Department of Health Commissioner until October 28 to pass its vapor product ban as an emergency regulation.
Governor Charlie Baker and the Department of Health had issued an order on September 24 banning the sale of all vapor products in the Commonwealth following a spike in reported lung injuries mainly attributed to THC vaping products. Following Judge Wilkins' ruling, unless the Governor and Department of Health enact new emergency regulations, beginning October 28, the state's vapor products ban will no longer be enforceable. Click here for the Superior Court order. Click here for the Appeals Court decision. A Montana court granted a temporary restraining order enjoining the state from enforcing its vapor product flavor ban. Set to take effect on October 22, the ban would prohibit sales of all flavored vapor products other those imparting a flavor of tobacco or marijuana. A further hearing is scheduled for October 30. Click here to see the order.
The Oregon Court of Appeals granted a temporary stay in favor of vape shops and has restricted enforcement of the Oregon Health Authority's vapor flavor ban. The stay does not affect the marijuana flavor ban. Click here to read the ruling.
Court of Claims Judge Cynthia D. Stephens granted a preliminary injunction on October 15, 2019, barring the state from enforcing its ban on flavored nicotine products. The injunction will remain in place until a final order is issued by the court. Click here for the ruling.
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