Do we know yet whether the mail restrictions will include nicotine base? That always seemed to be a grey area in the regs.
All products deemed by the FDA as "tobacco products", whether or not they actually contain tobacco or nicotine, that are not approved by the FDA for sale as a smoking cessation product or for "other therapeutic purposes", are subject to the USPS mail restriction.
Does that include nicotine base sold by vaping- or smoking- or tobacco- related suppliers who sell to end users? Well, if the FDA deemed glass tubes and 0mg tobacco/nicotine free liquid as "tobacco products", then how is 1mg or 100mg nicotine mixed with PG and/or VG exempt from the "tobacco products" classification?
Sounds like a safe bet to me.
Source:
Text - S.1253 - 116th Congress (2019-2020): Preventing Online Sales of E-Cigarettes to Children Act
SEC. 2. Amendments to the Jenkins Act.
(a) In general.—The Act entitled “An Act to assist States in collecting sales and use taxes on cigarettes”, approved October 19, 1949 (commonly known as the “Jenkins Act”) (
15 U.S.C. 375 et seq.), is amended—
(1) in section 1 (
15 U.S.C. 375)—
(A) in paragraph (2)(A)(ii)—
(i) by striking “includes roll-your-own tobacco” and inserting the following: “includes—
“(I) roll-your-own tobacco”;
(ii) in subclause (I), as so designated, by striking the period at the end and inserting “; and”; and
(iii) by adding at the end the following:
“(II) an electronic nicotine delivery system.”;
(B) by redesignating paragraphs (7) through (14) as paragraphs (8) through (15), respectively; and
(C) by inserting after paragraph (6) the following:
“(7) ELECTRONIC NICOTINE DELIVERY SYSTEM.—The term ‘electronic nicotine delivery system’—
“(A)
means any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device;
“(B) includes—
“(i) an e-cigarette;
“(ii) an e-hookah;
“(iii) an e-cigar;
“(iv) a vape pen;
“(v) an advanced refillable personal vaporizer;
“(vi) an electronic pipe;
and
“(vii)
any component, liquid, part, or accessory of a device described in subparagraph (A), without regard to whether the component, liquid, part, or accessory is sold separately from the device; and
“(C) does not include a product that is—
“(i) approved by the Food and Drug Administration for—
“(I) sale as a tobacco cessation product; or
“(II) any other therapeutic purpose; and
“(ii) marketed and sold solely for a purpose described in clause (i).”; and
(2) in section 2A(b)(1) (
15 U.S.C. 376a(b)(1)), by inserting “NICOTINE/” after “CIGARETTES/”.
(b) Effective date.—This section, and the amendments made by this section, shall take effect on the date that is 90 days after the date of enactment of this Act.
