Are Menthol Vapes Banned in the US?

Vape Juice Bans: Understanding Vape Flavor Bans

If you’re involved in e-cigarette culture, you’ve probably heard of vape flavor bans as well as US bans on menthol cigarettes. Many consumers fear they won’t be able to buy their vapes, e-cigs, vape juice, and accessories. All of this can be confusing and frustrating. But don’t worry, South Beach Smoke is here to dispel incorrect rumors and lay out the facts on what you need to know. 

Vape Flavor Ban Regulations

In the past few years, sales restrictions on all flavored tobacco products, including all types of menthol products, have been gaining momentum statewide and locally. As of December 2020, 331 localities have implemented restrictions on flavored tobacco products. In addition, 106 localities have bans on menthol products, which are sometimes not included in flavor policies. This means that brick-and-mortar shops in these 106 localities cannot sell flavored or menthol vape juice. It’s important to look up local laws in your area to understand the regulations that can affect you. 

Vape Shipping Ban Info

In addition to local and state flavor bans affecting flavored vape storefront sales, federal legislation has been enacted to ban the shipping of vape devices and accessories. The law that enacts these restrictions is called the “Prevent All Cigarette Trafficking,” or PACT, Act.

When the FDA gained control of tobacco products via the Tobacco Control Act in 2009, they enacted PACT. The PACT Act prohibits USPS from delivering cigarettes and smokeless tobacco directly to consumers. The act also requires all tobacco vendors to register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives. PACT also requires tobacco vendors to file monthly reports that list the brand and quantity of shipments as well as the names of people delivering and receiving tobacco products. These harsh regulations have made it much more difficult for online tobacco and cigarette vendors to reach their customer base.

Let’s fast forward to more recent developments — the “Preventing Online Sales of E-Cigarettes to Children Act” was passed in 2020. This amendment adds Electronic Nicotine Delivery Systems (ENDS) to the list of PACT-regulated products. The US Government defines ENDS as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device.”

Basically, this law prohibits USPS from shipping vapes, vape juice, and vape accessories. The ban was supposed to have gone into effect already (on 4/27/21), yet has been pushed back. To make matters even more frustrating, UPS and FedEx have also banned the transportation of vaping products due to the strict regulations and financial/criminal penalties for failing to comply with all the rules. 

2021 Menthol Cigarette Ban 

The most recent headline sweeping the news having to do with tobacco restrictions is the 2021 menthol cigarette ban put into place by the Biden administration. The FDA Center for Tobacco Products announced on April 19, 2021 that they will begin banning menthol cigarettes. The Biden administration will roll out these new regulations within this year. Menthol cigarettes are currently the only flavored traditional cigarettes on the market but will soon be unavailable. However, so far, these laws don’t seem to impact menthol vape devices, just traditional cigarettes. 

Implications of these Laws for Menthol Vapers

With so many different federal, state, and local regulations on traditional tobacco products as well as vapes, it can be confusing to untangle the spider’s web of restrictions. However, for South Beach Smoke customers, these laws won’t pose an issue. Here’s why: 

Firstly, the local and state flavor bans only regulate brick-and-mortar shops so don’t worry, you can still order our menthol cartridges online. Secondly, as for PACT regulations and shipping bans, we will be using special carriers instead of USPS/FedEx/UPS to ship your products directly to you. Finally, the traditional cigarette regulations will not affect your menthol e-cigarette delivery. Phew! Take a load off and rest easy, South Beach Smoke has you covered!

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