Azim Chowdhury Quoted in VaporVoice Article
Keller and Heckman Partner Azim Chowdhury was quoted in the VaporVoice article, “U.S. Post Office to Publish ENDS Mailing Rules February 19.” The article discusses how the United States Postal Service (USPS) is scheduled to publish in the Federal Register its rules for mailing electronic nicotine-delivery system (ENDS) products on February 19. The unpublished rule states that the prohibition on mailing ENDS will apply immediately ‘on and after’ the date of the final rule.
However, the Preventing Online Sale of E-Cigarettes to Children Act, which placed ENDS under the PACT Act, was enacted on December 27, 2020 and becomes effective 90 days after enactment, March 27, 2021. The USPS rule states that the agency will mail vapor products under narrowly defined circumstances. Many businesses were unsure if business-to-business mailing would be allowed. The unpublished rules say they will be allowed.
According to Azim, the PACT Act has historically exempted businesses-to-business deliveries from the USPS ban. Specifically, the USPS ban does not extend to tobacco products mailed only for business purposes between legally operating businesses that have all applicable state and federal government licenses or permits and are engaged in tobacco product manufacturing, distribution, wholesale, export, import, testing, investigation, or research.
“Companies seeking to use USPS for business-to-business deliveries must first submit an application to the USPS Pricing and Classification Service Center and comply with several other shipping, labeling, and delivery requirements,” Azim said.
To read the full article, please click here.