Prohibition of selling flavored e-cigarettes under the pseudonym "milk tea cup" online
The seller does not ask the age of the buyer, and the merchant still sells the banned product knowingly
"Aren't flavored e-cigarettes not allowed to be sold? Why are there so many people selling them online?" Recently, some netizens reported that the sale of "milk tea cups" and "coke cans" on social platforms has been banned by the state. Flavored e-cigarettes for sale.
A reporter from Beijing Youth Daily found that there are indeed merchants selling flavored e-cigarettes through online social platforms.
There are also e-cigarette middlemen who say that some teenagers buy flavored e-cigarettes through merchants on the Internet.
According to Zhang Jianshu, president of the Beijing Tobacco Control Association, the country has banned the sale of flavored e-cigarettes in view of the fact that they are easy to induce minors to smoke.
"The flavorings in e-cigarettes are generally chemically synthesized, and can enter the bloodstream after inhalation, causing harm to the human body." The market supervision department also stated that flavored e-cigarettes are very harmful, and their main ingredients are the same as traditional cigarettes. nicotine.
Some lawyers said that online sales of flavored e-cigarettes have violated relevant state regulations, and citizens can report such behaviors by dialing the reporting hotline of the State Tobacco Monopoly Administration.
Alias "milk tea cup" and "coke can"
Banned from selling flavored e-cigarettes online
Recently, some netizens posted that they saw people selling so-called "milk tea cups" and "coke cans" on some social media. After actually contacting them, they found that what these people were selling were flavored e-cigarettes that had been banned by the state.
A reporter from Beiqing Daily logged on to a social media platform according to the tips of netizens. Under the page of "milk tea cups", you can see many netizens asking for help, asking who can sell "milk tea cups" and "coke cans" and other goods. Some netizens posted a physical picture of the "milk tea cup" on this page. The picture shows that the so-called "milk tea cup" is actually a flavored e-cigarette.
A reporter from Beiqing Daily contacted a number of merchants selling flavored e-cigarettes in the name of buyers through the social media platform. The e-cigarette "menu" sent by a merchant showed that it sold multiple brands of e-cigarettes, one of which was This brand includes 13 flavors such as Coconut Green, Jasmine Longjing, Lemongrass, and Taro Ice Cream. The promotional text on the "menu" states that the e-cigarette contains 15ml of e-liquid and is equipped with a 600mAh battery.
In addition, the nicotine content of this e-cigarette is 3.5%.
Another e-cigarette promotional material in the shape of a teddy bear provided by the merchant shows that the e-cigarette contains 18ml of e-liquid and has a nicotine content of 3%, including 12 flavors such as watermelon with watermelon, rose grape, and highbush blueberry.
The merchant said that compared with other merchants, the products she sells are all genuine products, so the price will be more expensive.
Merchants said that they would publish some keywords such as "milk tea cup" on social platforms, on the one hand to attract customers, and on the other hand to avoid platform censorship.
Merchants knowingly sell prohibited items are still sold
There are online middlemen to provide supply
A reporter from Beiqing Daily contacted another merchant as a student. The merchant did not refuse to sell e-cigarettes because the customer was a student, but took the initiative to introduce all of his flavors.
However, the businessman said that after selling this batch of goods, he plans not to sell them. "There have been a lot of people who have come to buy recently, and the batch of more than 100 e-cigarettes that have been sold in the past year has been sold out. But now the investigation is relatively tight, and I plan to sell them." After finishing this batch of goods, we will stop for a while."
The "E-cigarette Management Measures" issued by the State Tobacco Monopoly Administration previously stipulated that the sale of e-cigarette products to minors is prohibited.
E-cigarette operators should set up a sign not to sell e-cigarettes to minors in a prominent position; if it is difficult to determine whether they are minors, they should be required to show their identity documents.
The merchant did not ask the reporter to provide any identification documents.
The merchant stated that it only sells e-cigarettes by mail, and will not sell them in offline stores, "because the risks it bears are still very high." A reporter from Beiqing Daily bought two boxes of flavored e-cigarettes from the merchant. The appearance of the electronic cigarette is like a milk tea cup, and it has a straw-shaped suction port. Even if the cover of the suction port is not opened, you can smell a strong smell of flavoring essence.
According to the packaging box of the electronic cigarette, the ingredients of the electronic cigarette include propylene glycol, vegetable glycerin, food flavoring and nicotine. The packaging box also specifically warns that nicotine is an addictive chemical substance, and minors are prohibited from using it and should keep it away from children and pets.
In response to the sale of the flavored e-cigarettes on the Internet, a reporter from the Beiqing Daily has reported to the Market Supervision Administration of the manufacturer's territory and has been accepted by the department.
Several online merchants stated that their e-cigarettes are provided by online middlemen.
A reporter from Beiqing Daily contacted a middleman who claimed to be a recruiting agent through another contact information left on social media.
The middleman stated that it can directly connect to the warehouse and deliver goods to offline merchants.
Another businessman who claimed to be in charge of the warehouse of flavored electronic cigarettes said that its offline development includes agency and wholesale, and the operation methods are different. During this period, the daily shipment volume is very large. "As for how to sell the offline , I can’t control it anymore.”
A reporter from Beiqing Daily noticed that none of the sellers contacted asked the reporter's age when selling.
Flavoring agents in e-cigarettes are mostly chemically synthesized
With the smoke entering the blood, it will cause harm to the human body
A reporter from Beiqing Daily noticed that in January this year, the Shenzhen Market Supervision and Administration Bureau issued a document saying that some merchants sold flavored e-cigarettes under the names of "milk tea cup" and "planet cup". The student is very attractive, although it is a disposable, but there is a large capacity of 15ml of e-liquid inside."
According to the Shenzhen Market Supervision and Administration Bureau, the "Compulsory National Standards for Electronic Cigarettes" officially implemented on October 1, 2022 clearly stipulates that the sale of e-cigarette pods with flavors other than tobacco is prohibited. According to this regulation, the domestic sale of Any flavored e-cigarette.
In addition, e-cigarettes are very harmful, and the main ingredient is nicotine like traditional cigarettes. "Young people may become addicted to e-cigarettes, and the probability of eventually converting to traditional smokers will be higher."
Zhang Jianshu, president of the Beijing Tobacco Control Association, introduced that the so-called electronic cigarette is an electronic device that imitates cigarettes. The main component of its smoke oil is nicotine, and a large amount of flavoring and aromatic agents are added to make it into new types of tobacco with flavors such as ice cream, coffee, and white peach. .
Previously, due to its variety of flavors, it was loved by some young people, especially teenagers.
However, adolescents are immature and susceptible to novelty. Once exposed to e-cigarettes, it will pose a direct threat to their health and safety.
Zhang Jianshu said that the flavorings in electronic cigarettes are generally chemically synthesized and cannot be absorbed like food-grade products. Once inhaled, the chemical components in the smoke will directly enter the human body through breathing, and then enter the blood, causing harm to the human body .
Zhang Jianshu said that in view of these problems, the State Tobacco Monopoly Administration issued the "Administrative Measures for Electronic Cigarettes" last year and implemented them on May 1 of that year. Apply for a tobacco monopoly retail license or change the scope of the license.
In addition, the "E-cigarette" national standard implemented on October 1 last year required that, given that flavored e-cigarettes such as fruit, food, and beverages and nicotine-free e-cigarettes have a strong appeal to minors, it is easy to induce minors to Smoking, the standard clearly stipulates that the characteristic flavor of the product should not be presented with flavors other than tobacco.
Online sales of flavored e-cigarettes violate regulations
Will face warning, confiscation, fine and other penalties
Han Xiao, a lawyer from Beijing Kangda Law Firm, said that the online sale of flavored e-cigarettes has violated the relevant provisions of the "Electronic Cigarette Management Measures". The characteristic flavor of the product should not be made to present flavors other than tobacco. Therefore, the production and sale of flavored e-cigarettes directly violates relevant regulations.”
According to Han Xiao, according to the regulations, for individuals, legal persons and other organizations that violate the "Measures for the Administration of Electronic Cigarettes", the tobacco monopoly administrative department can take regulatory talks, suspend the platform trading qualifications, order the suspension of production and business operations, and carry out rectification, until the legally canceled Measures such as qualifications for the production and operation of e-cigarette products, vaping products, and nicotine for e-cigarettes.
He said that if a netizen finds that someone is selling flavored e-cigarettes online, they can report it by dialing the reporting hotline of the State Tobacco Monopoly Administration or complaining to the local or superior tobacco department.
Han Xiao said that my country's "E-cigarette Management Measures" also stipulates that the sale of e-cigarette products to minors is prohibited.
E-cigarette operators should set up a sign not to sell e-cigarettes to minors in a prominent position; if it is difficult to determine whether they are minors, they should be required to show their identity documents.
There are similar provisions in the Law of the People's Republic of China on the Protection of Minors.
Merchants who sell e-cigarettes to minors will face warnings, confiscations, fines, and talks with administrative authorities, suspension of platform trading qualifications, suspension of production and business operations, and administrative penalties such as rectification.
Text/Reporter Qu Chang and intern Liu Kechun
Coordinator/Jiang Shuo