I can remember when it was illegal for a lawyer to advertise. I miss those days.
Totally Wicked Legal Disclaimer Issue
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Disclaimers should be careful of the language the use. To say as TW does that the e-cig TW sells serves the same purpose as a tobacco product is an opinion (in my opinion), not a legal definition as defined under the The Family Smoking Prevention and tobacco Control Act or the Federal Cigarette Labeling and Advertising Act or the Federal Food, Drug, and Cosmetic Act or the Master Settlement Agreement in 1998 in which the major tobacco companies agreed to pay over 200 billion dollars to states in exchange for protection from the mountain of litigation against the tobacco companies that was threatening their survival.
TW's claim sort of sounds like an admission of liability rather than a disclaimer or liability. If electronic cigarettes are equivalent to analog cigarettes then they must be subject to the same harsh regulations that tobacco companies are subject to.
Compare TW's disclaimer to that of USACIGARETTE.COM's disclaimer that states:
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Usaecigarette.com Electronic Smoking Products such as e cigarette, e cigar and e smoking accessories are not a smoking cessation products and have not been tested as such. Altimoff / Usaecigarette.com - Electronic Cigarette, Electronic Cigar and Electronic Smoking Accessories products and statements have not been evaluated by the Food and Drug Administration. These statements and Altimoff / Usaecigarette.com - E cigarette, e cigar, and e smoking accessories products are not intended to diagnose, treat, cure or prevent any disease or offer therapeutic benefits.
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or ECIGEXPRESS.COM'S disclaimer that states:
ECX LLC (ecigExpress.com) doesnt guarantee that the contents and information on this website are error-free. Use this web site at your own risk and assume all responsibility for damages of any kind including without limitation direct or consequential damages, loss of income or profit, loss of or damage to property or claims from third parties.
The electronic cigarette is NOT a smoking cessation device. We do not claim or market it as a smoking cessation device. Use the electronic cigarette at your OWN RISK and assume all responsibilities from its use. The FDA has not approved the electronic cigarette as a smoking cessation device.
Electronic cigarettes are intended for use by COMMITTED SMOKERS over the age of 18 years. This product should be used by current tobacco users only. Nicotine is very addicting and the non smoker has no reason to begin e-smoking. This product is prohibited for pregnant or lactating women, and people who have nicotine sensitivity. Nicotine is highly addictive. Consult your physician before using any of these products.
Nicotine is a POISON and extreme caution must be used while handling. Do not ingest, inhale, or get on skin or eyes. Nicotine is HIGHLY addicting and should only be used by CURRENT TOBACCO SMOKERS.
CONSULT YOUR PHYSICIAN PRIOR TO USING ELECTRONIC CIGARETTES OR e-JUICE TO ENSURE THAT YOU ARE A SUITABLE USER.
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Its seems to me that the industry should pool resources and come up with some sort or universal disclaimer that serves he interests of all e-cigarette suppliers without contradicting the efforts of E-cig proponents like ECF and CAASA.
I'm sorry I started this thread. I feel like I stepped into a pile of poop.
TW's claim sort of sounds like an admission of liability rather than a disclaimer or liability. If electronic cigarettes are equivalent to analog cigarettes then they must be subject to the same harsh regulations that tobacco companies are subject to.
Compare TW's disclaimer to that of USACIGARETTE.COM's disclaimer that states:
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Usaecigarette.com Electronic Smoking Products such as e cigarette, e cigar and e smoking accessories are not a smoking cessation products and have not been tested as such. Altimoff / Usaecigarette.com - Electronic Cigarette, Electronic Cigar and Electronic Smoking Accessories products and statements have not been evaluated by the Food and Drug Administration. These statements and Altimoff / Usaecigarette.com - E cigarette, e cigar, and e smoking accessories products are not intended to diagnose, treat, cure or prevent any disease or offer therapeutic benefits.
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or ECIGEXPRESS.COM'S disclaimer that states:
ECX LLC (ecigExpress.com) doesnt guarantee that the contents and information on this website are error-free. Use this web site at your own risk and assume all responsibility for damages of any kind including without limitation direct or consequential damages, loss of income or profit, loss of or damage to property or claims from third parties.
The electronic cigarette is NOT a smoking cessation device. We do not claim or market it as a smoking cessation device. Use the electronic cigarette at your OWN RISK and assume all responsibilities from its use. The FDA has not approved the electronic cigarette as a smoking cessation device.
Electronic cigarettes are intended for use by COMMITTED SMOKERS over the age of 18 years. This product should be used by current tobacco users only. Nicotine is very addicting and the non smoker has no reason to begin e-smoking. This product is prohibited for pregnant or lactating women, and people who have nicotine sensitivity. Nicotine is highly addictive. Consult your physician before using any of these products.
Nicotine is a POISON and extreme caution must be used while handling. Do not ingest, inhale, or get on skin or eyes. Nicotine is HIGHLY addicting and should only be used by CURRENT TOBACCO SMOKERS.
CONSULT YOUR PHYSICIAN PRIOR TO USING ELECTRONIC CIGARETTES OR e-JUICE TO ENSURE THAT YOU ARE A SUITABLE USER.
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Its seems to me that the industry should pool resources and come up with some sort or universal disclaimer that serves he interests of all e-cigarette suppliers without contradicting the efforts of E-cig proponents like ECF and CAASA.
I'm sorry I started this thread. I feel like I stepped into a pile of poop.
Please don't feel that way.
This is a good thread, and these issues should be explored.
And your contributions are very valuable in my opinion.
Personally, I'd like to see where this goes.
And I'd like to see more people weigh in on the issue.
Not sure why you would feel this way?
Seems like a Run-of-the-Mill thread to me. Not the Greatest I've ever seen but by no means the Worst.
But something worth Discussing.
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They have to say all of that stuff to protect themselves. It's no different than the cigarette companies putting the warning label on packs that say it could lead to lung cancer and low birth weights. Also, I think there should be something to discourage people that don't even smoke from vaping. Why glorify something addictive (nicotine) to someone that doesn't have the addiction?
If you ask me, anything that contains caffeine should have a warning label about the caffeine addiction. If I had known that I wouldn't be able to go without caffeine due to migraines, I would have never ingested it. But...here I am.
Just my opinions. Don't stop loving me!
If you ask me, anything that contains caffeine should have a warning label about the caffeine addiction. If I had known that I wouldn't be able to go without caffeine due to migraines, I would have never ingested it. But...here I am.
Just my opinions. Don't stop loving me!
I'd say the additional 2 company's disclosures are much better written and more in line with what I would expect will become more and more prevalent in this industry....for US based companies.
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