Troutman Pepper Hamilton Sanders LLP

10/20/2021 | News release | Distributed by Public on 10/20/2021 22:25

U.S. Postal Service Sets Rule Prohibiting the Mailing of ENDS Products

As of October 20, 2021, the final rule of the U.S. Postal Service (the "USPS") regarding the treatment of electronic nicotine delivery systems ("ENDS") in the mail is available for public inspection via the link here. The final rule generally prohibits the mailing of ENDS, subject to certain exceptions, as of the date of its publication in the Federal Register, which we understand will be tomorrow, October 21, 2020. We also expect that as of October 21st, USPS will publish accompanying implementation materials on its websites.

We had previously bloggedabout this rule when it was issued in February 2021 its proposed form. In December 2020, Congress enacted the Preventing Online Sales of ECigarettes to Children Act (part of the larger 2021 Consolidated Appropriations Act). Pub. L. No. 116-260, §§ 601-03 (2020). In addition to extending the Jenkins Act's application to ENDS, that statute requires the USPS to "promulgate regulations to clarify the application of the prohibition on mailing of cigarettes under [18 U.S.C. § 1716E] to" ENDS.