Although the PACT Act imposes a functional ban on online sales of cigarettes, roll-your-own tobacco and smokeless tobacco, the PACT Act’s remote sales restrictions are inapplicable to e-cigarettes.  The Internet is perhaps the most popular venue for consumers to purchase e-cigarettes.

On December 5, 2011, the U.S. District Court for the District of Columbia issued a preliminary injunction blocking enforcement of the Prevent All Cigarette Trafficking Act’s (“PACT Act”) provisions which prohibit remote sales of cigarettes and smokeless tobacco unless the applicable state and local taxes are paid in advance.