The Electric Tobacconist – What Do They Do?
The Electric Tobacconist, also known as the ETA may be the newest member of the American Tobacco Industry’s governing body the Council of Better Business Bureaus. It is just 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 own brand but cannot claim to be a branch of the organization at all. But it does have its own advertising campaign, which is directly unlike that of Vape Pen Battery the American Smoking Association (AWA). That campaign is targeted on youth engagement also it uses the slogan “It’s our time 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 too many smokers on the planet to count”. But what they do not tell you is that smokers spend over forty thousand dollars each year on cigarettes alone! In addition they state, “Rates of youth smoking increase each year” but fail 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 state that “rates of youth smoking increase each year”. Again they go to state, “Rates of youth smoking increase every year”, again they don’t provide any substantiation of these claim. On their part they’ll tell you that “most e-juices usually do not contain any nicotine at all” and that their products are safe for anybody 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. Due to this fact the electric tobacconist was necessary to remove all products that contained nicotine from their shelves. Although this is a great step forward in the right direction, it is entirely counterproductive to consumers that have spent significant money on an electronic cigarette and are now unable 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 against the three e-liquid companies in the above list.
It is very important remember that the Class Action Notice is a legal tool which allows consumers to file lawsuits should they feel that the business has violated applicable law or mis-sold their goods. After the Class Action Notice has been filed in the United States Federal Court, the parties are legally obliged 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 choose an expedited action schedule. There is a large price to be paid for a Class Action Notice and e-liquid companies should understand that they have to fully comply with certain requirements and guidelines which are set forth 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 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 america Food and Drug Administration. To ensure that the regulation to change there should be a new statutory law passed to be able to effect such a change. Because of this if the electric tobacconist changes their products to nicotine patches which were re-licensed to be sold in the united states they would then have to apply for re-registration with the FDA in order to continue selling the product.
The United States 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 have violated the provisions of such order, the company can be forced to pay fines, must cease operations, and may be permanently barred from manufacturing electric cigarettes. The CPSC works beneath 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 electric cigarettes to anyone under the age of 18. Not only is it illegal it is known to be 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, does not encourage addiction, will not involve the ingestion of dangerous nicotine toxins, does not produce carbon monoxide smoke, and does not contribute to the rising number of deaths from tobacco use annually.