The Electric Tobacconist – What Do They Do?
The Electric Tobacconist, also known as the ETA is 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 advertising campaign, that is directly unlike that of the American Smoking Association (AWA). That campaign is focused on youth engagement also it uses the slogan “It’s our time to make smoking obsolete.”
What exactly is the “time and energy to make smoking obsolete?” On the website they state, “You can find more smokers everyday. Actually there are way too many smokers on the planet to count”. But what they don’t let you know is that smokers spend over forty thousand dollars per year on cigarettes alone! They also state, “Rates of youth smoking increase each year” but fail to mention that youth smoking alone makes up about over four thousand deaths within the United States alone.
While we are on the subject of youth fatalities the Electric Tobacconist also goes on to state that “rates of youth smoking increase each year”. Again they go to state, “Rates of youth smoking increase each year”, again they do not provide any substantiation of their claim. On their part they will tell you 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 that 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 that were not approved by applicable law. Because of this the electric tobacconist was necessary to remove all products that contained nicotine from their shelves. Although this is a great step forward in the proper direction, it is entirely counterproductive to people that have spent significant money on an electronic cigarette and are now struggling to enjoy them due to 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.
You should remember that the Class Action Notice is only 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 obliged to respond in kind. If either party will not respond in kind or will not respond within a reasonable period of time the courts will then choose an expedited action schedule. There is a large price to be covered a Class Action Notice and e-liquid companies should comprehend 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 flip side of the coin however the courts cannot legally force e-liquid companies to eliminate products which were classified as over the counter tobacco products. Such products have technically been regulated by america Food and Drug Administration and so are otherwise distributed around consumers. There is also a 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 fresh statutory law passed as a way to effect such a change. Therefore if the electric tobacconist changes their products to nicotine patches that have been re-licensed to be sold in america they would then need to make an application for re-registration with the FDA as a way to continue selling the merchandise.
The United States 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 such order, the company can be forced to cover fines, must Puff Bar cease operations, and may be permanently barred from manufacturing electric cigarettes. The CPSC works under the authority of the U.S. Congress and is responsible for enforcing all acts of Congress contained within the Internal 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 internet or other venues. As more states begin to enact legislation targeting youth smoking it’s important an alternative smoking method is developed which promotes healthy lifestyles, will not encourage addiction, does not involve the ingestion of dangerous nicotine toxins, will not produce second hand smoke, and does not donate to the rising number of deaths from tobacco use annually.