....
Here's what they say:
"If you make, modify, mix, manufacture, fabricate,
assemble, process, label, repack, relabel, or import any "
tobacco product," then you are considered a tobacco product "
manufacturer.""
...
And this is Precisely what I would Legally Challenge.
That I, as a Retailer, was Not Assembling a Tobacco Product
for the purpose of sale when I showed a Customer the Safe and Proper way to Fill and or Change the Coil Head in an e-Cigarette
after they it purchased from my Company. And that the e-Cigarette was No Longer my Property. It was property of the Customer.
The TCA was Not Written so that a Retailer could Not Show a Customer how to Safely and Properly operate a Tobacco Product after a Legal Adult had Purchased one without being a Tobacco Product Manufacture.
And if the FDA Commissionaire/HHS Secretary/OOTP are unwilling to Intervene, and if Members of Congress are Spineless will Not Stand Up to a Clear Example of Regulatory Overreach, then it leaves me with little Options but to Legally Challenge this.
Because I am a Reasonable Person acting in a Reasonable Capacity when I show a Customer the Safe and Proper way to Operate their e-Cigarette
after they purchase it from me.