McHugh: “Do Not Mail Tobacco” Provisions Included in Legislation that Passes House
Provisions Would Stop Minors from Getting Cigarettes via U.S. Mail

WASHINGTON, D.C., Sept. 11  —  The House of Representatives passed yesterday evening H.R. 4081, the Prevent All Cigarette Trafficking Act (PACT), which included the provisions from Congressman M. John McHugh’s (R-Pierrepont Manor) “Do Not Mail Tobacco Bill.” 

The bill passed by a vote of 379-12. Congressman McHugh has been a leading proponent of outlawing the shipping of cigarettes and other tobacco products using the U.S. Postal Service. 

As he did in 2005, Congressman McHugh introduced his “Do Not Mail Tobacco” bill, H.R. 2932 and H.R. 5912, in this Congress. H.R. 5912 was approved by the full Oversight and Government Reform Committee on May 1, 2008. 

Congressman McHugh became the champion of the “Do Not Mail Tobacco” campaign when a group of Madison County (New York) teens conducted an experiment where they found that half of their underage online orders for cigarettes were delivered. 

Congressman Anthony Weiner (D-NY) was the sponsor of the PACT Act. 

“I was pleased to work with Congressman Weiner and the Judiciary Committee to get this important provision included in legislation that was passed by the House. Right now, the U.S. Postal Service is the sole carrier still delivering cigarettes through the mail, allowing minors to obtain tobacco products from vendors online with few safeguards to stop underage purchasers. Ensuring that children cannot purchase tobacco products illegally is an important step forward in the ongoing campaign to stop minors from smoking, an education campaign in which parents, teachers, and other organizations have worked tirelessly on across the country,” said Congressman McHugh. “Private shippers like UPS, DHL, and FedEx have already changed their policies, but Congress has the sole jurisdiction over what is delivered via the Postal Service. This legislation would close the Postal Service loophole and bring the Service up-to-date with the private standards.”

The PACT Act is a broad anti-smuggling bill that aims to stop the widespread illegal sale of tobacco. Profits from the illegal sale of tobacco have been used to finance terrorist organizations. The legislation closes loopholes in current tobacco trafficking laws as well as provides law enforcement with new tools to combat the new methods being used by cigarette traffickers to distribute their products. Provisions include making smokeless tobacco a regulated substance, imposing shipping and recordkeeping requirements on delivery sellers of cigarettes and smokeless tobacco, and requiring common carriers of cigarette products to obtain age and identity verification upon delivery of such products. Additionally, the legislation would strengthen criminal and civil penalties for violations and require the Attorney General to publish a list of delivery sellers of cigarettes or smokeless tobacco who have not complied with the registration or other requirements of the bill.

McHugh’s portion of the legislation would restrict the Postal Service from delivering certain tobacco products. The bill provides that cigarettes, smokeless tobacco, and roll-your-own-tobacco are nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as directed by the Postal Service. 

In addition to the potential for cigarettes to be delivered to minors, online tobacco vendors have cost state and local governments billions in lost tax revenue and hurt the ability of small businesses to compete with these Internet stores.

In 2005, a group of Madison County teenagers from an anti-tobacco youth empowerment program, Reality Check, confirmed the severity of the problem. The district teens conducted an experiment to see whether they could successfully purchase cigarettes online. Of their 33 attempts to order cigarettes, about half resulted in deliveries. More than 90 percent of these orders were delivered by the Postal Service.

According to an American Journal of Public Health study, almost 20 percent of the tobacco sales websites do not say anything about prohibiting sales to minors, more than half require only that the buyer indicate they are of legal age, and another 15 percent of online tobacco vendors require only that the buyer type in their date of birth. Overall, just seven percent require any driver’s license information. Congressman McHugh’s legislation received strong endorsements from health groups and small business organizations such as the Campaign for Tobacco-Free Kids, the American Cancer Society, and the New York Association of Convenience Stores, among others.

The PACT Act now goes to the Senate for consideration. 

Official: Rep. John M. McHugh