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Update: The PACT Act (2021)


The PACT Act

The Prevent All Cigarette Trafficking (PACT) Act dates back to 2010. The intention was to prevent illegal tobacco sales and tax avoidance and prohibit the U.S. Postal Service from shipping cigarettes and other tobacco products.

As provided by the US Congress, recently PACT was amended to expand the previous definition of 'cigarettes' to include "electronic nicotine delivery systems," or 'ENDS' for short. The definition of ENDS is "Any electronic device that through an aerosolized solution delivers nicotine, flavor or any other substance to the user inhaling from the device."

While there is great uncertainty and debate regarding the applicability of the PACT Act to ACTIVE’s industry, the USPS and the other major courier companies (UPS, FedEx, and DHL) have ceased delivery of all vape products and associated hardware as of April 2, 2021.

How the PACT ACT affects you?

This expansive and very broad interpretation of the PACT Act hurts the entire industry. As an organization, ACTIVE has been working to find solutions to mitigate its consequence to you insofar as is possible.

For the most part, there will be no impact. There are, however, some changes, especially for smaller orders.

Here are the details:

  • Orders over 9,600 cartridge units or the equivalent in weight made up of batteries, all-in-ones, or other products, remain inclusive of shipping costs.
  • Orders below 9,600 units, will incur a pass-through surcharge of $100-$200, depending on your shipment address.
  • MOQs of 1,200 cartridges remain available to specific zip codes in California, Oregon, Washington, Nevada, Arizona, Utah, and Colorado. All other states will have a 4,800 MOQ.
  • 1-3 days shipping available for California, Oregon, Washington, Nevada, Arizona, Utah, and Colorado.
  • 3-5 days shipping for all other states including Canada.
  • Order pickup will be available at our Sacramento warehouse as usual.
  • Custom orders remain unaffected at 4-6 weeks, although there may be a surcharge for smaller custom orders.

Orders placed before 11 am PST, should be fulfilled on the same day. We will try to ship orders placed after this time on the same day where possible, though more likely these orders will be fulfilled on the next business day.

The situation remains fluid and we'll continue to keep you updated as we learn more or if we need to change our shipping policies.

Please be in touch if you have any questions, comments, or concerns. Let's keep the conversation going and grow through these challenges together!

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