Strengthening Regulation of Online Channels to Prevent the Resurgence of Chaos in the Vape Market

I. Preface

Recently, the State Administration for Market Regulation of China and the State Tobacco Monopoly Administration jointly issued the "Special Action Plan for Protecting Minors from Tobacco Harm - Guardian Growth" (hereinafter referred to as the Action Plan). The Action Plan notes an urgent need to investigate and punish illegal sale of cigarettes to minors, continuously enhance online supervision and intensify crackdown on illegal activities; comprehensively and meticulously regulate vape business practices, so as to improve regulatory efficiency and standardize production and trading activities of vape, and prevent "rebound" of vape market chaos.

II. SCOPE OF THE SPECIAL ACTION

According to news, this special action covers three aspects: First, seriously implement the "school surrounding no sales outlets" requirement, clean up schools surrounding existing cigarette sales outlets; Second, strictly investigate and deal with the illegal act of selling cigarettes to minors; third, continue to strengthen e - cigarette market supervision.

A. No sales outlets shall be set up around the school.

Most of the people have pretty much knowledge about e - cigarettes. Its an electronic mimic of cigarettes. The appearance is not only similar, but the taste and smoke generated are also similar to cigarettes, giving smokers a sense of smoking real cigarettes. So, in recent years, the emergence of "vape" has been pursued by many people, and this industry has developed very prosperously. However, the e - cigarettes are not completely safe and harmless.

Experts point out that according to the "Global Tobacco Epidemic Report" released by the World Health Organization, "electronic nicotine delivery systems" still pose risks to the health of smokers and those around them. What e - cigarettes emit is not merely "water vapor," as some manufacturers have it. Also has some other harmful substances not just nicotine.

In the past few years, the tobacco monopoly and market supervision departments of China at all levels have cleaned up and rectified cigarette sales sites and self - service cigarette vending machines around primary and secondary schools and kindergartens, and investigated and handled a number of cases of selling cigarettes to minors. The vigorous cleanup and rectification of online sales of e - cigarettes and false and illegal online advertisements in particular effectively curb the market chaos of e - cigarettes changing their appearances and selling in disguised forms. There has been some success in protecting minors from tobacco harm.

But some merchants, in order to make profit, continue to open physical cigarette sales stores in areas where minors are concentrated, such as the vicinity of primary and secondary schools, kindergartens, etc., to make it more convenient for minors to access and purchase cigarettes. Some merchants use online media such as self-built websites, official accounts, and mini programs to induce the spread and sale of cigarettes. Some of these vape merchants put out false advertisements claiming their products are cool, healthy, and fashionable, leading minors to buy and smoke. There are acts of selling cigarettes to minors and some merchants have yet to post warning signs and implement regulations on identity document verification. Focusing on how to solve these emerging problems in time, effectively protect the physical and mental health of minors has attracted great attention from all sectors of society.

The reporter noticed that in this Action Plan, the first one that stands out is the implementation of the requirement that no sales outlets shall be set up around schools.

The Action Plan proposes that local tobacco monopoly administrative departments should, as per local conditions, scientifically and reasonably establish distance standards to clarify the distance range of schools. Not only should we take into account the normal consumption needs of the local area, but also safeguard minors from the harm of tobacco. Public perception of the measurement standard should be reasonable and consistent; the measurement method should be simple and easy to implement and verify.

At the same time, we need to clean up the existing cigarette sales outlets around the school. Local tobacco monopoly administrative departments should comprehensively investigate around the school store to hold a retail license the holder, establish work ledger submit to the local PEOPLE ' S GOVERNMENT responsible for cleaning up the progress. Actively persuade the licensed operators around the school to voluntarily withdraw; if the business address is changed, the conditions for obtaining the license shall be appropriately relaxed according to the law; if the business continues at the original address, the license will not be renewed after expiration. Market supervision departments can increase investigation and punishment of unlicensed business operations, and according to the law on unlicensed business operators near the school to investigate and punish for the establishment of the regulatory standard orderly market environment.

B. The sale of cigarettes to minors should be strictly investigated.

With vape becoming extraordinarily accessible via online and offline channels, there has been a steady rise in the percentage of adolescents exposed to vape. According to the 2019 Chinese Middle School Students Tobacco Survey conducted by the Chinese Center for Disease Control and Prevention, in 2019, the proportion of junior high school students who had heard of vape was 69-9%, and the vape use rate was 2-7%. They were up by 24-9 and 1-5 percentage points respectively compared with 2014-

E -- cigarettes are improving, and the supervision cannot be relaxed for a moment.

To this end, the Action Plan makes it clear that it is necessary to further enhance the control of Internet channels, implement the relevant spirit previously issued as soon as possible and carry out a comprehensive clean - up of e - cigarettes cloaking and the selling in disguise on the Internet and misleading false advertisements. "We must interview e - cigarette enterprises and Internet enterprises in local tobacco monopoly administrative departments to prevent e - cigarettes in the Internet field from harming minors. According to the law, investigate the illegal act of selling cigarettes to minors and impose punishment. The cigarette monopoly administrative department at the local level shall do a good job in overall planning of the application guidance for the application of laws of the Peoples Republic of China on the Protection of Minors, shall effectively standardize the discretion benchmark of administrative punishments in the jurisdiction, and strengthen the collection of evidence. It is necessary to explain the law through cases, to warn through cases, to create deterrence, to guide cigarette sales outlets to abide by the law, and to educate law enforcement officers to implement law enforcement strictly, standardized and civil.

Meanwhile, carry out the provisions on setting warning signs and identity document verification. According to the Action Plan, local tobacco monopoly administrative departments shall vigorously organize the posting of warning slogans or special publicity signs prohibiting the sale of cigarettes to minors in the conspicuous location of cigarette sales outlets. Encourage operators to actively refuse to sell products to minors. As for those minors who are difficult to identify, strictly implement inspection of identity documents, and explore the application of new technical means to enhance the effectiveness of the inspection.

Moreover, it is also important to enhance and strengthen the daily supervision on the tobacco market. The administrative departments of local tobacco monopoly should optimize the operation mechanism of the 12313 tobacco market supervision service hotline, smooth the reporting and complaint channels, and timely follow up the demands of the masses. To fully apply "double random, public" supervision means and key supervision, to include around schools into the key supervision areas, to promote that the implementation of "Law of the Peoples Republic of China on the Protection of Minors" effectively.

III. FURTHER STRENGTHEN THE E - CIGARETTE MARKET CONSTANT SUPERVISION

In recent years, they have discovered that the e - cigarette market in China has exploded. According to incomplete statistics, there are currently more than 40,000 enterprises in china whose name or business scope contains "e - cigarettes, electronic atomizers". As a region with the most concentrated e - cigarette production enterprise, Guangdong has more than 11000 e - cigarette - related enterprise. According to the previous media reports, 90% of the world's e - cigarettes are produced in Baoan District, Shenzhen. It also has became the worlds largest base of e - cigarette products and it is also known as the "The Global Fog Valley".

China has issued a series of regulatory policies for the e - cigarette industry in succession to take timely and effective measures to prevent minors from being addicted, such as prohibiting the online sales of e - cigarettes. Policy on e - cigarettes has been gradually improved.

Recently, the Chinese Ministry of Industry and Information Technology promulgated the "Decision on Amending the Regulations for the Implementation of the Tobacco Monopoly Law of the Peoples Republic of China (Draft for Soliciting Opinions)", it is clearly stated in the amendment that "new tobacco products such as e - cigarettes shall be implemented with reference to the relevant provisions on cigarettes in these regulations" This means e - cigarette will not be "separated" from cigarettes and managed in the same way as cigarettes, and e - cigarette will also be included in the tobacco control category.

The Action Plan jointly released this time by the State Administration for Market Regulation and the State Tobacco Monopoly Administration also regards comprehensive and strict regulation of vape' business behavior as a "top priority". This stipulates that local tobacco monopoly administration should interview e cigarette enterprises and Internet enterprises in accordance with law and compact the responsibilities of the main body of the enterprise to prevent the harm of e cigarette in Internet field to minors.

At the same time, guide the legalization and standardization of e - cigarette physical stores. Local tobacco monopoly administrative departments should thoroughly investigate e - cigarette sales outlets and register and put on record. Clean up and rectify illegal sales outlets and vending machines around schools. Investigate and deal with the illegal act of selling e - cigarettes to minors in accordance with the law, and effectively protect the legitimate rights and interests of minors.

Whether it is in terms of helping quit smoking or in terms of health issues as a tobacco substitute, e - cigarette products are not so optimistic. At present, over 30 countries and regions in the world have taken actions to prohibit e - cigarettes. E - cigarettes are considered "tobacco products" in the United States and many Asian countries and regarded as "medical products" in Europe, Japan, Taiwan (China) and other regions.

E - commerce channel is always the main sales channel for e - cigarettes. To this end, the corresponding functional departments in China have always taken illegal control of Internet channels as the key point to crack down on e - cigarettes.

On November 1 in a certain year, the General Administration of Tobacco Monopoly of China and the General Administration of Market Regulation jointly issued the "Notice on Further Protecting Minors from the Harm of E - cigarettes", calling for e - cigarette production and sales enterprises or individuals to promptly shut down e - cigarette Internet sales websites or client terminals; calling for e - commerce platforms to promptly close e - cigarette stores and timely remove e - cigarette products from the shelves; calling for e - cigarette production and sales enterprises or individuals to withdraw e - cigarette advertisements released through the Internet.

As it did in the previous event, the Action Plan of the two departments this time reemphasized the implementation of the relevant policy documents jointly issued by the State Administration for Market Regulation of China and State Tobacco Monopoly Administration, and required local law enforcement to thoroughly carry out the cleaning of vape changing their appearance and conducting disguised sales on the Internet as well as false and illegal advertising.

Vape User Feedback Reference

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