The Electric Tobacconist – What Do They Do?
The Electric Tobacconist, also referred to as the ETA is the newest member of the American Tobacco Industry’s governing body the Council of Better Business Bureaus. It is a division of Altria Group, which 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 a branch of the organization at all. But it does have its own advertising campaign, that is directly contrary to that of the American Smoking Association (AWA). That campaign is focused on youth engagement and it uses the slogan “It’s our time and energy to make smoking obsolete.”
Precisely what is the “time and energy to make smoking obsolete?” On their website they state, “There are more smokers everyday. Actually there are way too many smokers on earth to count”. But what they don’t let you know is that smokers spend over forty thousand dollars each year on cigarettes alone! They also state, “Rates of youth smoking increase each year” but neglect to mention that youth smoking alone makes up about over four thousand deaths within america alone.
While we are on the subject of youth fatalities the Electric Tobacconist also continues on to convey that “rates of youth smoking increase every year”. Again they go to state, “Rates of youth smoking increase each year”, again they don’t provide any substantiation of their claim. On their part they’ll tell you that “most e-juices usually do not contain any nicotine Vape Pen Battery at all” and that their products are safe for anybody to use. However, on the website the only real Nicotine approved product they sell is their very 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 that were not approved by applicable law. Consequently the electric tobacconist was necessary to remove all products that contained nicotine from their shelves. Although it is a great step forward in the proper direction, it is entirely counterproductive to consumers that have spent significant money on an electronic cigarette and are now struggling to enjoy them because of non-compliance with applicable law. The consumer protection agencies Consumer Protection and Authority, and the Federal Trade Commission took this further by filing lawsuits contrary to the three e-liquid companies listed above.
It is very important understand that the Class Action Notice is a legal tool which allows consumers to file lawsuits if they feel that the business has violated applicable law or mis-sold their goods. After the Class Action Notice has been filed in the usa Federal Court, the parties are legally bound to respond in kind. If either party does 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 is a large price to be covered a Class Action Notice and e-liquid companies should understand that they have to fully comply with certain requirements and guidelines which are established such notices before such notifications are issued.
On the flip side of the coin however the courts cannot legally force e-liquid companies to remove 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 so are otherwise made available to consumers. There is also a difference between re-manufactured nicotine products and nicotine patches, which are generally regulated by the United States Food and Drug Administration. In order for the regulation to change there has to be a new statutory law passed so as to effect such a change. Which means that if the electric tobacconist changes their products to nicotine patches that have been re-licensed to be sold in america they would then have to make an application for re-registration with the FDA so that you can continue selling the merchandise.
AMERICA Consumer Product and Safety Commission can temporarily halt the distribution of products sold in interstate commerce, including, however, not limited by 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 could be forced to pay fines, must cease operations, and can be permanently barred from manufacturing electric cigarettes. The CPSC works under the authority of the U.S. Congress and is in charge of enforcing all acts of Congress contained within the inner Revenue Code.
It is currently illegal for an electric Tobacconist to market or provide electronic cigarettes to anyone beneath the age of 18. In addition to being illegal it is known to be extremely dangerous to youth who may try to obtain them via the web or other venues. As more states begin to enact legislation targeting youth smoking it is important 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 carbon monoxide smoke, and does not donate to the rising amount of deaths from tobacco use annually.