UPS Prohibits Shipments of Vaping Products throughout U.S.A.

ATLANTA – UPS is prohibiting the shipment of Vaping Products throughout its U.S. network (including import and export). For the purpose of this prohibition, Vaping Products includes any and all noncombustible liquid or gel, regardless of the presence of nicotine, capable of being used with or for the consumption of nicotine. All related vape devices, products and accessories are included in this prohibition.

Shipments containing Tobacco Products (“Tobacco Product Shipments”) are accepted for transportation only from Shippers who are licensed and authorized to ship Tobacco Products pursuant to applicable laws.

To make Tobacco Product Shipments, the Shipper must sign, agree to, and comply with the provisions set forth in an approved UPS agreement for the transportation of Tobacco Products. Shippers and receivers must comply with all applicable federal, state, provincial, or local laws or regulations, and all Tobacco Product Shipments must conform to the terms, conditions, restrictions, and prohibitions set forth on this page at the time of shipping. It is the responsibility of the Shipper to ensure that a Shipment tendered to UPS, including a Tobacco Product Shipment, does not violate any federal, state, provincial, or local laws or regulations applicable to the Shipment.

The UPS agreement for transportation of Tobacco Products incorporates Addendum A, which contains additional terms and requires Shippers to make an annual certification of compliance to UPS.  Addendum A may be amended from time-to-time.  The current version is posted below.  The version of Addendum A in effect at the time of shipping will apply to the shipment.

View Addendum A

UPS reserves the right to refuse to accept, transport, or deliver any Tobacco Product Shipment that UPS, in its sole and unlimited discretion, determines does not comply with UPS requirements for the shipment or any applicable law or regulation, and to discontinue any or all service to any Shipper for, among other reasons, tendering such a Shipment. UPS reserves the right to dispose of any Tobacco Product Shipment that Shippers are prohibited from shipping, that UPS is not authorized to accept, that UPS states that it will not accept, or that UPS has a right to refuse.

While Shippers are responsible for reviewing all federal, state, provincial, or local laws or regulations applicable to a Shipment to determine the legality of the shipment, general restrictions applicable in all states (whether by law or by UPS policy) include:

• UPS does not provide service to any person or entity listed in the Bureau of Alcohol, Tobacco, Firearms and Explosives PACT Act – Non-Compliant List.
• UPS prohibits the shipment of Cigarettes or Little Cigars (as defined below) to consumers, regardless of destination state.
• All Tobacco Product Shipments must be made using UPS Delivery Confirmation Adult Signature Required service, requiring the signature of an adult 21 years of age or older upon delivery.
• Federal law imposes labelling and packaging, record-keeping, and tax-collecting obligations relating to permissible tobacco shipments. See 18 U.S.C. § 376a.
• Federal law limits the quantity of tobacco that may be permissibly shipped. See 18 U.S.C. § 376a.
• Most states require that some or all Tobacco Products bear tax stamps; shippers are responsible for reviewing state or local laws governing the required tax stamps for any Tobacco Products they tender to UPS for shipment, to ensure that UPS is not carrying any Tobacco Products that do not bear the requisite tax stamps.

Vaping Products

Electronic cigarettes and other Vaping Products are considered Tobacco Products for the purpose of this policy, and therefore can be shipped only by Shippers who have been approved for and have signed a UPS agreement for the transportation of Tobacco Products. Shippers are responsible for complying with such all laws restricting or prohibiting the shipment of Vaping Products, even if such laws are the subject of a legal challenge or have been enjoined from enforcement at the time of shipment. Shippers are also responsible for monitoring legislative enactments regarding Vaping Products and complying with such laws immediately as of the date such laws take effect. An example of a recent legislative enactment is New York’s amendment of Public Health Law § 1399-//, prohibiting the shipment of Vaping Products to unauthorized recipients in New York.

To ensure compliance with New York law, UPS no longer accepts for shipment any Vaping Product or accessories including devices to or from the State of New York, even if a Shipper or consignee is permitted to ship and receive Vaping Products under New York law. For the purpose of the New York prohibition, Vaping Products includes any and all noncombustible liquid or gel, regardless of the presence of nicotine, capable of being used with or for the consumption of nicotine and related accessories. To ship Vaping Products approved by the United States Food and Drug Administration to a consignee in New York, approved Vaping Product Shippers must receive prior written approval from UPS.

For any approved Vaping Products shipment, Shippers must obtain and use a specially-issued UPS account number approved for the shipment of any Vaping Products. Vaping Product accounts can only be used for the shipment of Vaping Products or related accessories.

Definitions

For purposes of UPS’s policy on shipment of Tobacco Products, the following definitions apply:

“Cigarette” means (a) any roll of tobacco wrapped in paper or in any substance not containing tobacco or (b) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in (a).

“Little Cigar” means any roll for smoking made of tobacco, wrapped in either paper or any form of tobacco (including homogenized tobacco or natural leaf tobacco), that either (a) weighs 4 pounds or less per 1,000 rolls or (b) has a filter made of cellulose acetate or any other integrated filter.

“Tobacco Products” means tobacco or tobacco products, as those terms are variously defined in the Food and Drug Administration’s Final Rule Deeming Tobacco Products To Be Subject to the Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act, dated August 8, 2016 (“FDA’s Deeming Rule”, https://www.gpo.gov/fdsys/pkg/FR-2016-05-10/pdf/2016-10685.pdf). Without limiting the complete definition found in the FDA’s Deeming Rule, the term “Tobacco Products” includes any product made or derived from tobacco that is intended for human consumption, including any component, part, or accessory of a tobacco product; the term includes, without limitation, e-cigarettes, ehookah, e-cigars, vape pens, advanced refillable personal vaporizers, and electronic pipes.

“Vaping Product” means any Tobacco Product intended for human consumption by inhalation that relies on vaporization or aerosolization, including but not limited to e-liquid, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, electronic vaping product delivery pens, hookah pens, and any other similar devices that rely on vaporization or aerosolization.

Approved tobacco shippers may use the Ship to a UPS Access Point^® location service in conjunction with Adult Signature Required (ASR) for consumers who prefer to pick up shipments from UPS Access Point locations.

To ship tobacco to a UPS Access Point location:

• Shippers must use a UPS Locator tool and the “Accepts Restricted Articles” filter to select an approved destination UPS Access Point location
• Tobacco shipments can be redirected to UPS Access Point locations with the ability to accept restricted goods