vape is brought under regulation

In 2021, in order to strengthen the supervision of new tobacco products such as vape, the Ministry of Industry and Information Technology and the State Tobacco Monopoly Administration researched and drafted the "Decision on Amending the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China (Draft for Comment)" to the The society is openly asking for opinions. Chinese vape has been sold all over the world and has become the main force in the vape market. It is a matter of course that it is included in the supervision.

The "Draft for Comments" proposes to add an article to the supplementary regulations of the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" as Article 65: "New tobacco products such as vape shall be implemented in accordance with the relevant regulations on cigarettes in this Regulation."

Explanation on the decision to revise the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (draft for comments):

1. The Formation Process of the "Draft for Comments"

Since the "Regulations for the Implementation of the Tobacco Monopoly Law of the People's Republic of China" (hereinafter referred to as the "Implementation Regulations") was issued on July 3, 1997, it was revised twice in 2013 and 2016. It has played an important role in terms of rights and interests and guaranteeing national fiscal revenue.

In recent years, a series of new situations and new problems have emerged in the field of market supervision of vape and other new tobacco products, and it is necessary to revise and improve the "Implementing Regulations". On the basis of full research, evaluation and demonstration in the early stage, combined with the characteristics of vape products and market development, and absorbing international regulatory experience, the "Draft for Soliciting Comments" was researched and formed.

2. Modifications and main considerations

The revision of the "Implementation Regulations" will add an article to the appendix as Article 65: "New tobacco products such as vape shall be implemented in accordance with the relevant regulations on cigarettes in this Regulation." The main considerations are:

(1) Promote the legalization of vape supervision. In recent years, some new situations and problems have emerged in the field of market supervision of vape and other new tobacco products, and all aspects of the society are very concerned. This revision is mainly to implement the requirements of relevant departments on promoting the legalization of vape supervision, clarify the legal basis for the supervision of vape and other new tobacco products, and do a good job of connecting with laws and regulations such as the "Law of the People's Republic of China on the Protection of Minors". The rule of law plays an important role in solidifying the foundation, stabilizing expectations, and benefiting the long-term.

(2) Comply with the characteristics of vape products and the current international regulatory practice. In view of the homogeneity between new tobacco products such as vape and traditional cigarettes in terms of core components, product functions, consumption methods, etc., new tobacco products such as vape should refer to the relevant regulations on cigarettes in the "Implementing Regulations". This is also consistent with the way major countries and regions in the world regulate new tobacco products such as vape.

(3) Enhance the effectiveness of vape supervision. Implementing vape and other new tobacco products with reference to the relevant regulations on cigarettes in the "Implementing Regulations" will greatly improve the effectiveness of vape supervision, effectively regulate vape production and operation activities, and solve the problems of vape product quality and safety risks and false advertisements. Consumers' legitimate rights and interests.

The so-called solicitation of opinions is actually to be implemented in China, and it is only given a little buffer time. Therefore, vape manufacturers, e-liquid manufacturers, vape wholesalers, and vape retailers will soon usher in comprehensive supervision. Relevant licenses cannot continue to operate existing businesses.