1. Non-Nicotine-Related ENDS Products Generally
The POSECCA defines ENDS products in relation to their delivery of
“nicotine, flavor, or any other substance.” 15 U.S.C. 375(7)(A). Through use of this list and the disjunctive “or,” this language is clear on its face: covered ENDS products may be used to deliver nicotine, or they may be used to deliver flavor, or they may be used to deliver any other substance (with or without nicotine or flavor). For this reason, the Postal Service observed in the notice of proposed rulemaking that, “[d]espite the name, an item can qualify as an ENDS product without regard to whether it contains or is intended to be used to deliver nicotine; liquids that do not actually contain nicotine can still qualify as ENDS, as can devices, parts, components, and accessories capable of or intended for use with non-nicotine-containing liquids.” 86 FR at 10219.