SB 438 Senate Bill - Bill Analysis
Mail Delivery
Prevent All Cigarette Trafficking Act (PACT Act)
is a federal law, amongst other things, that prohibits the
delivery of cigarettes and smokeless tobacco through the United
States Postal Service (USPS). This prohibition does not apply
to other forms of shipment, such as FedEx and UPS.
Some concerns have been raised by the opposition that SB 140, by
defining e-cigarettes as a "tobacco product," will place
e-cigarettes under the provisions of the PACT Act, specifically
the USPS prohibition. Opposition cites this as potentially
damaging to the industry, since a large portion of their sells
are done online and delivered to the consumer.
According to an informal opinion by Legislative Counsel, SB 140
would not be subject to the provision in question under the PACT
Act. The provision states: "All cigarettes and smokeless
tobacco are non-mailable and shall not be deposited in or
carried through the mails. The United States Postal Service
shall not accept for delivery or transmit through the mails any
package that it knows or has reasonable cause to believe
contains any cigarettes or smokeless tobacco made non-mailable
by this paragraph."
The language clearly states that only
"cigarettes and smokeless tobacco" are prohibited from being
delivered by USPS. The PACT Act would have to be amended at the
federal level to include e-cigarettes for this provision to apply.
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This is to do with a California bill in regards to the PACT Act, but I would think this would hold true for the FDA deeming as well. From a little reading, I think we'd likely be seeing age verification requirements besides just in CA.