On March 22, the Ministry of Industry and Information Technology in China issued the “Decision on Amending the Implementation Regulations of the Tobacco Monopoly Law of the People’s Republic of China” for public comments. The Ministry of Industry and Information Technology has added an article to the supplementary provisions of the “Regulations on the Implementation of the Tobacco Monopoly Law of the People’s Republic of China” (hereinafter referred to as the “Implementation Regulations”) as Article 65: “E-cigarettes and other new tobacco products shall be implemented in accordance with the relevant regulations on cigarettes in these regulations.”
The Ministry of Industry and Information Technology stated that in recent years, there have been some new situations and new problems in the market regulation of new tobacco products such as e-cigarettes, and all aspects of society are paying great attention. This revision is mainly to clarify the legal basis for the regulation of new tobacco products such as e-cigarettes, and to do a good job in linking up with the “Law of the People’s Republic of China on the Protection of Minors” and other laws and regulations, and to give play to the importance of the rule of law to consolidate fundamentals, stabilize expectations and benefit the long effect. In view of the homogeneity of new tobacco products such as e-cigarettes and traditional cigarettes in terms of core components, product functions, consumption methods, etc., new tobacco products such as e-cigarettes should be implemented in accordance with the relevant regulations on cigarettes in the Implementation regulations. This is also consistent with the regulation of new tobacco products such as e-cigarettes in major countries and regions in the world. The implementation of new tobacco products such as e-cigarettes with reference to the relevant regulations on cigarettes in the “Implementation Regulations” will greatly enhance the effectiveness of e-cigarette regulation, effectively regulate e-cigarette production and operation activities, and solve the product quality and safety risks of e-cigarettes, false advertisement problems, etc. And effectively protect the legitimate rights and interests of consumers.
According to the explanation, there are three main considerations for the revision of the implementation regulations:
The first is to promote the legalization of e-cigarette regulation, clarify the legal basis for the regulation of new tobacco products such as e-cigarettes, and do a good job in linking up with the “Law of the People’s Republic of China on the Protection of Minors” and other laws and regulations.
Second, in view of the homogeneity of new tobacco products such as e-cigarettes and traditional cigarettes in terms of core components, product functions, consumption methods, etc., new tobacco products such as e-cigarettes should be implemented in accordance with the relevant regulations on cigarettes in the implementing regulations. This is also consistent with the regulation of new tobacco products such as e-cigarettes in major countries and regions in the world.
The third is to implement e-cigarettes and other new tobacco products with reference to the relevant regulations on cigarettes in the implementing regulations, which will greatly improve the effectiveness of e-cigarette regulation, effectively regulate e-cigarette production and operation activities, and solve the product quality and safety risks of e-cigarettes, false advertisement problems, etc. And effectively protect the legitimate rights and interests of consumers.
