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State of Vape: How Soon Will The PACT Act Be Enforced?

January 12, 2021

State of Vape: How Soon Will The PACT Act Be Enforced?

As we previously discussed in the State of Vape, the PACT Act is set to take place within the next 90 days. The main question is whether or not enforcement will actually take place after that timeframe. Many eJuices.co customers have had questions and concerns about how the PACT Act will affect their businesses. The eJuices.co team investigates how the PACT Act will be implemented and enforced.

DISCLAIMER:The words within this blog post are the opinions of the author alone. Like all things, the legislation and regulations regarding the vape industry are subject to change. We will update you on any further actions taken by all stakeholders involved. If you have any questions, please feel free to contact your eJuices.co account manager or sales representative.

General Updates on the State of Vape

As of this writing, both of Georgia’s senate seats have flipped from Republican to Democrat. Since Democrats have control of the Senate with Vice President-elect Kamala Harris as the tie-breaking vote, this may change how the PACT Act is implemented and enforced. Georgia’s incoming senators, Jon Ossoff and Raphael Warnock, have no known positions on vape, although they might emerge during the confirmation hearings of the incoming Biden administration’s nominees.

Another update that we have is that Biden has nominated DC Court of Appeals judge Merrick Garland to the post of Attorney General. Garland also has no known positions on vape, but they also might emerge during the confirmation process. The eJuices.co team will keep you updated on the situation.

History Favors The Vape Industry

As we also have previously discussed on eJuices.co, the premarket tobacco applications (PMTAs) have been a point of contention for the vaping industry and could even dictate the very survival of the vaping industry. We know that PMTA has been around for a long time in the vaping industry. Its implementation has been delayed multiple times in regard to vaping products. We also know that the final PMTA deadline was on September 9, 2020. As of this writing, the FDA has not released a list of approved products, despite anti-vaping politicians such as Sen. Dick Durbin (D-IL) demanding that the FDA release such a list.

The PACT Act places substantial regulations on the vaping industry, but the real question we should be asking is: how will the PACT Act be enforced? Since vape products fall under tobacco, the Bureau of Alcohol, Tobacco, and Firearms (ATF) will carry out enforcement, along with other agencies such as the FDA and attorney general. States may also carry out their own enforcement actions under the applicable state laws. This means enforcement could vary depending on the specific state’s willingness to pursue the vaping industry.

Could The Government Be Getting In Its Own Way?

The amount of paperwork required (as discussed in our previous State of Vape blog regarding the PACT Act) could delay enforcement of the PACT Act. This could give businesses the additional time needed to comply with applicable laws.


That’s all for this edition of State of Vape. We will keep you updated on the latest happenings in the vape industry. If you have any questions or concerns, you can always contact your eJuices.co account manager or sales representative. We are looking forward to speaking with you and helping your business succeed in 2021.

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