By now, manufacturers, distributors, wholesalers, and retailers of vaporizer products containing nicotine are aware of the PACT Act and its implications on their business. But many companies focusing on non-nicotine vaporizer products have varying awareness and opinions on if and how it applies to them. Using a variety of legal resources, this article intends to answer this question: how are non-nicotine vaporizers affected by the PACT Act?
When the PACT Act was expanded in December of 2020 to include “ENDS” (Electronic Nicotine Delivery Systems) products, most people thought it only applied to those products containing or intended to be used with nicotine. However, when the National Law Review dug into the verbiage in the law more, they found that “The term ‘ENDS’ is defined very broadly to essentially include all vaping products, liquids, components, and accessories, whether they contain nicotine or not.” They elaborate:
Specifically, an ENDS product is defined as “any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device,” including “an e-cigarette; an e-hookah; an e-cigar; a vape pen; an advanced refillable personal vaporizer; an electronic pipe; and any component, liquid, part, or accessory of a device described [above], without regard to whether the component, liquid, part, or accessory is sold separately from the device.” (Emphasis added.) Based on this definition of ENDS, zero-nicotine e-liquids, synthetic “tobacco-free” nicotine e-cigarettes, and CBD/THC/hemp vape pens, among other things, would all appear to be captured.
Ultimately, even if the vaporizer products you sell do not contain nicotine and/or are not intended for use with nicotine, the PACT Act still applies to you.
With this in mind, what should you do? Start by researching what the PACT Act requirements are and who can help you “check the boxes” to become compliant. Not sure where to start researching? You can always contact us!
With over a year of the PACT Act expansion being in effect and auditing season upon us, do not delay in becoming compliant. The consequences are severe, but the right partners can help you effectively and efficiently navigate the process sooner rather than later. Contact Token of Trust today to get started.