Vape Supervision Moves Towards Legalization and Standardization
Electronic cigarette supervision is a new topic in modern society. Under the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and under the correct leadership of the CPC Central Committee and the State Council, the Party Group of the National Bureau has built a strong position, fulfilled its regulatory responsibilities with a rule of law thinking and method. From nothing, from existence to excellence, the system is continuously innovated and the system is continuously improved, and the supervision of vapes has been fully entered into the track of legalization and standardization.
In August 2018, the State Tobacco Monopoly Administration and the State Administration of Market Supervision and Administration jointly issued the Notice on Prohibiting the Sale of Electronic Cigarettes to Minors; in November 2019, the two departments again jointly issued the Notice on Further Protection of Minors from Electronic Cigarettes.
The two circulars were issued to implement the spirit and requirements of the Law on the Protection of Minors, the Advertising Law and other relevant laws and regulations, and to effectively protect minors from e-cigarette infringement waves. With the rise of vape pod dvices, the rapid development of the domestic electronic cigarette industry, China has become the world's largest producer of electronic cigarettes; on the other hand, due to the existence of regulatory gaps, the electronic cigarette industry in the disorderly development, the state of barbaric growth, China's e-cigarette market is increasingly serious problems exposed.
Specifically, the problem is highlighted by the electronic cigarette product safety hazards, some products have nicotine (nicotine) content is unclear, the added ingredients are unknown, the leakage of eliquid and other issues, causing potential threats to consumer health. In particular, some operators mislead consumers with propaganda that is contrary to objective facts or not yet proven by evidence, such as "healthy and harmless" and "help to quit smoking", and overemphasize e-cigarettes as "fashionable" "trend", inducing minors to smoke, seriously infringing on the physical and mental health of minors.
For example, many parents reflect that their children are attracted by online e-cigarette propaganda, easily through the e-commerce platform to buy electronic cigarette products, and strongly call for the sale of vape to minors to stop the behavior. The community reflects strongly on the chaos of the electronic cigarette market, and constantly calls for strengthening the regulation of electronic cigarettes.
The two notices require all types of market entities not to sell e-cigarettes to minors, and any organization or individual selling e-cigarettes to minors should be discouraged and stopped, urging e-cigarette production and sales enterprises or individuals to promptly close the e-cigarette Internet sales website or client, withdrawing e-cigarette advertising through the Internet, and urging e-commerce platforms to promptly close vape manufacturer and take e-cigarette products off the shelves. To fully implement the two notices, the tobacco monopoly administrative department took the initiative to take charge and lead a series of joint efforts with relevant departments to achieve full coverage of regulatory requirements in a relatively short period of time, full shielding of Internet advertisements, removal of e-cigarette products from the entire network, increased offline efforts to investigate physical stores around primary and secondary schools, timely cleanup of illegal business e-cigarette products, and comprehensive mapping and cleanup of illegal e-cigarette raw materials.
With the effective implementation of related work, the problem of advertising, promoting and selling e-cigarettes to minors has improved. The State Tobacco Monopoly Administration and the State Administration of Market Supervision and Administration have jointly launched special inspection actions on the e-cigarette market and the "Guarding Growth" campaign to protect minors from tobacco abuse. "special action to clean up and rectify the sale of electronic cigarettes to minors in accordance with the law, and crack down on illegal and criminal activities involving electronic cigarettes to further protect minors from e-cigarettes. From the issuance of notices to special operations, from online to offline, from the newly revised protection of minors law prohibits the sale of electronic cigarettes to minors to comprehensively strengthen the supervision of the Internet platform, supervision continues to strengthen, the initial appearance of the effectiveness of management, electronic cigarette regulation to take a substantial step. The first thing is difficult, electronic cigarette regulation to achieve positive results is not easy, but electronic cigarette products infringe on the physical and mental health of minors, damage to the legitimate rights and interests of consumers, the disorderly development of the electronic cigarette industry and other issues still exist, electronic cigarette regulation is in urgent need of more robust rule of law protection.
November 10, 2021, is a milestone date in the history of e-cigarette regulation. On this day, the State Council announced the "Decision on Amending the Implementing Regulations of the Tobacco Monopoly Law of the People's Republic of China" (hereinafter referred to as the "Decision"), specifying that "new tobacco products such as e-cigarettes shall be implemented with reference to the relevant provisions of this Ordinance on cigarettes. The Decision" gives the tobacco monopoly administrative department e-cigarette regulatory responsibilities through legal form, and its announcement and implementation to further strengthen the supervision of new tobacco products such as e-cigarettes, regulate the order of the e-cigarette market, protect the health of the people, and protect the legitimate rights and interests of consumers provides a legal basis. The State Bureau party group from the Party and the State work of the overall situation, resolutely implement the Party Central Committee, the State Council's decision and deployment, requiring the administrative departments of tobacco monopoly at all levels to resolutely carry the responsibility of supervision, and effectively enhance the effectiveness of supervision. --Establish institutional mechanism and form a working system. Implement the Party Central Committee and the State Council to promote the rule of law and standardized governance requirements of the e-cigarette industry, the National Bureau party group decided to set up a leading group for the supervision and management of e-cigarettes to strengthen the coordination, coordination, supervision and guidance of e-cigarette regulation, the establishment of the National Bureau of e-cigarette management office, local administrative departments of tobacco monopoly at all levels to set up a dedicated agency or post for e-cigarette regulation, up and down, left and right synergy, to Provide more effective organizational safeguards to strengthen the regulation of e-cigarettes in accordance with the law. --Incorporate the rule of law and establish a policy system.
The National Bureau published "Electronic Cigarette Management Measures," a clear regulatory object, regulatory subjects and regulatory measures, emphasizing that heated cigarettes belong to cigarettes and are included in the management of cigarettes; April 8, the State Administration of Market Supervision and Administration (National Standardization Management Committee) issued "electronic cigarettes" national standards, establishing electronic cigarettes important technical support for the regulatory system.
On this basis, the State Bureau coordinated the development of e-cigarette regulatory supporting policies and implementation rules, and successively developed and issued "Guidance on the issuance of tobacco monopoly manufacturing enterprise licenses for e-cigarette-related manufacturing enterprises," "Implementation Rules for the Technical Review of Electronic Cigarette Products," "Rules for the Traceability Management of Electronic Cigarette Products," "Rules for the Implementation of Electronic Cigarette Product Packaging," "Provisions for Electronic Cigarette Warning Labels," and many other policy documents to promote The formation of a sound and complete supporting policy system, e-cigarette regulation into a new phase. --Extend the regulatory chain for comprehensive supervision. In-depth implementation of laws, regulations and relevant provisions, "urge" to "prohibit", "discourage" to "enforce ", electronic cigarette regulation is more powerful. Online cleanup, to "net" as the goal, the development of the entire network of tobacco-related information monitoring platform to strengthen daily supervision; the establishment of a joint interview mechanism, the main responsibility of the Internet platform to compact. Promote Tencent issued "WeChat personal account release of prohibited information and fraudulent behavior to combat the announcement", Taobao, Tmall, Jingdong and other e-commerce platforms to establish internal control mechanisms, regularly clean up the platform electronic cigarette sales and advertising information, Little Red Book, Jindo, One Store and other e-commerce platforms signed the "commitment not to sell electronic cigarettes to minors", online monitoring and disposal of information related to electronic cigarettes has been effectively strengthened. Tracing the root cause of e-cigarettes, the supervision of e-cigarettes was extended to tobacco waste disposal and the illegal circulation of tobacco, strictly preventing the flow of tobacco monopoly products into the relevant enterprises for the illegal extraction of nicotine, and curbing the illegal processing and sale of e-cigarette raw materials from the source. Offline control, strict implementation of the transitional e-cigarette regulatory policy, strict control of the market body illegal additions, to prevent new production projects illegal landing, persuade licensed households to shelve electronic cigarette products, to prevent the disorderly expansion of e-cigarette stores. Crack down on "electronic cigarettes on the head", counterfeit and shoddy e-cigarette products and other types of illegal acts involving electronic cigarettes, and investigate and deal with cases of violations of the law. Coordinate with the relevant departments to study the delivery, entry and carry and other related policies, and promote the normal regulation of electronic cigarettes in a steady and orderly manner.
Focus on key issues and carry out special operations. On the basis of repeated special actions to protect minors from e-cigarettes, since February 2022, the Ministry of Public Security, the State Tobacco Monopoly Administration, the State Administration of Market Supervision and Administration, and the Ministry of Education have jointly organized a three-month special effort to clean up and rectify the sale of e-cigarettes to minors and crack down on illegal crimes involving e-cigarettes, strengthen departmental linkages, enhance regulatory synergies, deepen comprehensive governance, and effectively create a favorable social environment for The Ministry of Education has jointly organized a three-month campaign to clean up the sale of e-cigarettes to minors and crack down on e-cigarette-related crimes. The rule of law has a fundamental, stable expectations, long-term security role, the vitality of the law lies in the implementation. Tobacco monopoly administrative departments adhere to the rule of law thinking, the use of the rule of law, a resolute attitude, rapid action, night and day, struggling to overcome difficulties, the whole chain to strengthen the supervision of electronic cigarettes, steadily improve the effectiveness of supervision.
Electronic cigarette-related production enterprises have social and market-oriented characteristics, the administrative department of tobacco monopoly to adapt to the market-oriented requirements of supervision, for the electronic cigarette market main body to do a good job of service, to guide electronic cigarette-related production enterprises to adapt to regulatory policy requirements.
State Bureau through policy briefing, active external voice, public message consultation response and other ways to respond to social concerns The National Bureau of Tobacco Control (NTC) has been providing guidance to e-cigarette manufacturers through policy briefings, proactive public outreach, public message consultation responses and other means to respond to social concerns. Local tobacco monopoly administrative departments at all levels to actively seek the understanding, help and support of local party committees and governments, in conjunction with public security, industry, market supervision, education and other functional departments, to explore the establishment of information sharing, joint inspections, joint law enforcement and other long-term working mechanisms, and strive to create a good policy environment and social environment conducive to strengthening the regulation of e-cigarettes.
To electronic cigarette-related production enterprises in Guangdong Province, for example, the Guangdong Provincial Bureau and the Shenzhen Municipal Bureau to actively promote regulatory policies, to seek the support of the local party committees and governments, strengthen communication with relevant departments, and coordinate key regional party committees and governments to take the lead in organizing work coordination meetings, work scheduling meetings, forming a strong synergy and good environment for joint management. Management in the service, to achieve mutual promotion of management and service. Tobacco monopoly administrative departments take the initiative to guide services, coordinate the administrative licensing, steady implementation of the technical review, strengthen the standardization of market management, has been widely supported by the e-cigarette market players and generally recognized, the transition period is generally smooth and orderly.
E-cigarette regulation is still complex and difficult, far from being able to breathe a sigh of relief, rest time. The more at this time, the more we have to keep a clear head, the more we have to be careful as the beginning, the more we have to continue to work hard, good work and good results.
In the 2022 tobacco industry half-yearly work teleconference, the National Bureau of the party group will "focus on e-cigarettes and other market supervision" as one of the six key areas of work in the second half of the year, and stressed that the regulation of electronic cigarettes is a major and urgent task, the tobacco monopoly administrative departments to spend more energy, more efforts to strengthen Coordination of the formation of regulatory synergies, seize the key links to promote the smooth operation, strengthen policy guidance services to market players, compliance with the law to maintain good order, to ensure that the Party Central Committee, the State Council's decisions and deployments to be resolutely implemented to ensure that the work of the National Bureau of the party group requirements in place.
Published by: China Tobacco 2022