The Electric Tobacconist – What Do They Do?
The Electric Tobacconist, often known as the ETA is the newest member of the American Tobacco Industry’s governing body the Council of Better Business Bureaus. This can be a division of Altria Group, that is a global tobacco conglomerate. Like other independent vendors of nicotine replacement therapy devices the Electric Tobacconist is free to market their wares under its brand name but cannot claim to be always a branch of the organization in any way. But it does have its own advertising campaign, which is directly unlike that of the American Smoking Association (AWA). That campaign is targeted on youth engagement and it uses the slogan “It’s our time and energy to make smoking obsolete.”
What exactly is the “time to make smoking obsolete?” On their website they state, “You can find more smokers everyday. Actually there are too many smokers on the planet to count”. But what they do not let you know is that smokers spend over forty thousand dollars each year on cigarettes alone! In addition they state, “Rates of youth smoking increase every year” but fail to mention that youth smoking alone accounts for over four thousand deaths within america alone.
While we are about youth fatalities the Electric Tobacconist also continues on to state that “rates of youth smoking increase each year”. Again they go to state, “Rates of youth smoking increase every year”, again they do not provide any substantiation of their claim. On their part they’ll let you know that “most e-juices do not contain any nicotine at all” and that their products are safe for anyone to use. However, on the website the only Nicotine approved product they sell is their own e-juice.
On April 2021 the US Federal Trade Commission created the Class Action Notice on Electronic Cigarette Products (hereinafter the “notice”), which essentially stated that electronic cigarette manufacturers were offering goods which were not approved by applicable law. As a result the electric tobacconist was necessary to remove all products that contained nicotine from their shelves. Although that is a great step forward in the right direction, it is entirely counterproductive to people that have spent significant money on an electric cigarette and are now struggling to enjoy them because of non-compliance with applicable law. The buyer protection agencies Consumer Protection and Authority, and the Federal Trade Commission have taken this further by filing lawsuits against the three e-liquid companies listed above.
It is important to remember that the Class Action Notice is only a legal tool which allows consumers to file lawsuits should they feel that the company has violated applicable law or mis-sold their goods. Once the Class Action Notice has been filed in the United States Federal Court, the parties are legally bound to respond in kind. If either party will not respond in kind or does not respond within a reasonable period of time the courts will then decide on an expedited action schedule. There exists a large price to be paid for a Class Action Notice and e-liquid companies should comprehend that they have to fully comply with the requirements and guidelines which are established in such notices before such notifications are issued.
On the other hand of the coin however the courts cannot legally force e-liquid companies to eliminate products which have been classified as over-the-counter tobacco products. Such products have technically been regulated by the United States Food and Drug Administration and are otherwise distributed around consumers. Gleam difference between re-manufactured nicotine products and nicotine patches, which can be regulated by america Food and Drug Administration. To ensure that the regulation to change there should be a new statutory law passed in order to effect such a change. Therefore if the electric tobacconist changes their products to nicotine patches which were re-licensed to be sold in america they would then need to apply for re-registration with the FDA to be able to continue selling the product.
AMERICA Consumer Product and Safety Commission can temporarily halt the distribution of products sold in interstate commerce, including, but not limited to e-liquid, in the cases of Voltage Packaging v. Shapingpoint, Inc., Kronic Labs, LLC, and Smoketto. In case a manufacturer is found to possess violated the provisions of any such order, the company can be forced to pay fines, must cease operations, and can be permanently barred from manufacturing electronic cigarettes. The CPSC works under the authority of the Puff Bar U.S. Congress and is responsible for enforcing all acts of Congress contained within the inner Revenue Code.
It is currently illegal for a power Tobacconist to market or provide electronic cigarettes to anyone under the age of 18. In addition to being illegal it is regarded as extremely dangerous to youth who may make an effort to obtain them via the web or other venues. As more states commence to enact legislation targeting youth smoking it’s important that an alternative smoking method is developed which promotes healthy lifestyles, will not encourage addiction, will not involve the ingestion of dangerous nicotine toxins, will not produce second hand smoke, and does not donate to the rising amount of deaths from tobacco use annually.