There are many flavors that claim to contain nicotine, and the appearance is like an electronic cigarette, and minors buy and smoke
Is the herbal atomizer in the hot sale considered an electronic cigarette?
Investigate motives
Recently, Ms. Li from Chengdu, Sichuan, reported to this reporter that her son in high school was recently smoking a product similar to an electronic cigarette: a small orange cuboid shape, a little narrower and thinner than a disposable lighter, but longer, small and portable.
Ms. Li searched on the Internet, and the product and e-cigarettes look very similar. But the child told her that "this is a herbal nebulizer, not an electronic cigarette", which does not contain nicotine (nicotine), and smoking has the effect of promoting sleep.
"I later checked the profile of the product and said it was nicotine-free. But I still can't rest assured, worried that this nebulizer will have a bad effect on the child's body. But I couldn't convince my child not to smoke. Ms. Li said worriedly.
Does this atomizer belong to electronic cigarettes? Does smoking endanger physical and mental health, especially the physical and mental health of minors? How to regulate the operation and sales of such products? With these questions in mind, the reporter conducted investigative interviews.
● At present, a type of electronic cigarette with a variety of flavors, claiming to be free of nicotine (nicotine), which helps promote sleep after smoking, and even assists in smoking cessation, herbal medicine for the treatment of sore throat and chronic pharyngitis, and Chinese medicine nebulizers are hot online and offline, and there are minors who buy smoking, which worries parents
● The atomizer is an important component of electronic cigarettes, but it is not dedicated to electronic cigarettes. To determine whether an electronic atomizer product is an electronic cigarette, it is necessary to make a comprehensive judgment based on factors such as the product name, efficacy claim, the degree of inducement and misleading to consumers, the possible harm to the human body, and the impact and damage to the tobacco monopoly system
● If the relevant atomizer product is characterized as an electronic cigarette, it should be included in China's electronic cigarette regulatory system. E-cigarettes are still a new thing on the whole, and there will be many new situations, new problems and new challenges in practice, and relevant departments need to continuously study and improve according to the development of practice to enhance the governance capacity and governance level of e-cigarettes
□ reporter Han Dandong
"Whether it is an electronic cigarette or not, its appearance is similar to that of an electronic cigarette, smoking feels like smoking an electronic cigarette, as parents we firmly oppose children's smoking, but the child said that this is a healthy product, many students around are using it, it must be no problem." Ms. Li from Chengdu, Sichuan, recently told a reporter from Rule of Law Daily with concern.
The product Ms. Li said is called "×× herbal nebulizer". His son bought the product on a small program, and a shared link from a classmate introduced the product as follows: It is difficult to fall asleep, and it is even more difficult to sleep well; Easy to startle and wake up, often lose concentration; Inhale deeply, breathe deeply, and dream well night and night. The instructions for use say: put the nozzle in the mouth to inhale; The best way to suck in the mouth is to suck continuously for 2 to 3 seconds and stay for about 5 seconds...
"I don't know if the child has good dreams after smoking, anyway, I can't sleep well." Ms. Li said.
Both online and offline are hot-selling
There are minors who have purchased
Click to enter the mini program forwarded by Ms. Li, the reporter saw that on the product display page, the merchant divided the atomizers sold into five categories, namely: exhaustion swept away (ginseng, spearmint), throat like fresh air (licorice, monk fruit), smooth nose feeling (lemongrass, sweet orange), free drinking by me (dandelion, grapes) and sleeping well is not a problem (sour jujube kernels, roses).
In each category, there are also different flavors to choose from, such as tired sweeping away, there are five flavors to choose from, such as old popsicle, watermelon, mung bean, mint, special drink, etc. Prices range from 66 yuan to 96 yuan.
As can be seen from the picture display, there are a slight difference in the shape of each type of product, and the color of the product is also different according to the taste, but the overall appearance is similar to many electronic cigarettes sold on the market.
The reporter immediately spent 66 yuan to place an order for an orange-flavored atomizer, fill in the address and pay successfully, there is no age limit and other tips. When I opened the package after arrival, I saw that the product was a little more slender than a disposable lighter. After trying to smoke, I found that the amount of smoke was relatively large, the orange flavor was very strong, and the taste was not much different from the fruity electronic cigarettes purchased by the reporter before. However, the merchant promises: the product does not contain nicotine and tar.
Not only mini programs, the reporter learned from interviews that at present, on social platforms, many bloggers have released promotional videos or evaluation videos of such products. Bloggers call these herbal atomizers and traditional Chinese medicine atomizers "traditional Chinese medicine tide play" or "respiratory health products", and the slogans generally use "0 tar, 0 nicotine, 0 harm", etc., and some also claim to help quit smoking, treat sore throat, cold cough, chronic pharyngitis, phlegm, etc.
"Easy to carry, not an e-cigarette, compliant and legal, fruity flavor!" Some bloggers said. Judging from the sales records shown in the link, the sales of such products are currently booming. Below many videos, netizens posted messages similar to "ask for purchase links".
In the product promotion video, the reporter saw that offline stores are also in full swing. "Some offline stores are opened in prosperous business districts, with a large flow of people and high sales, higher than the sales volume of some brands of electronic cigarettes, and many of the buyers are old customers of our electronic cigarettes." An industry insider engaged in e-cigarette sales told reporters that he also noticed the hot sales of such atomizers and even began to worry about his business.
It is worth noting that a herbal atomizer merchant has claimed that it has the medical device qualification for the production of atomizers in investment promotion and promotion. According to the product, the reporter searched its manufacturer and saw that it did have a medical device qualification, but it was not for the production of atomizers.
Whether it is an electronic cigarette
Qualitative judgment is required
Recently, relevant departments have continued to increase the rectification of some illegal electronic cigarettes such as "milk tea cups" and "cola cans". And quietly popular, merchants claim that nicotine (nicotine) does not contain nicotine (nicotine) herbal medicine, traditional Chinese medicine and other atomizers, are they electronic cigarettes or even illegal electronic cigarettes?
According to Jiang Xiaoxian, director of the Tobacco Law and Economic Policy Research Center of Xiamen University, the "atomizer" is an important component of e-cigarettes, but it is not dedicated to e-cigarettes. In reality, air humidifiers, medical atomizers, etc. are all application types of atomizers.
"In China, to judge whether an electronic atomizer product is an electronic cigarette, it is necessary to combine factors such as 'product name', 'efficacy claim', 'degree of inducement and misleading to consumers', 'possible harm to the human body', 'impact and damage to the tobacco monopoly system' and other factors, and cannot be generalized." Kang Hyo-hyun said.
In other words, if the atomizer product meets one or more of the following circumstances, it may be characterized as an electronic cigarette: the product is very similar to the electronic cigarette in shape, or claims that it will not be addictive or even has an "auxiliary smoking cessation effect", which misleads and induces consumers, especially minors; Although the product does not contain nicotine, the ingredients are still harmful to human health; Allowing this product to be traded on the market will cause serious damage to the tobacco monopoly system, infringe on the country's tax interests, and hinder the orderly implementation of the country's tobacco control work.
He further analyzed that according to the mandatory national standards for e-cigarettes, e-cigarettes are defined as "electronic delivery systems used to generate aerosols for human smoking, etc." This definition is in line with the World Health Organization's definition of an "electronic nicotine delivery system". According to this definition, e-cigarettes that do not contain nicotine are also e-cigarettes.
"In fact, many countries in the world have included nicotine-free electronic nebulizers into electronic cigarette regulation, such as Italy, Austria, the Czech Republic, etc." Kang Hyo-hyun said.
Tang Wen, a lawyer at Guangdong Zhuojian Law Firm, said that according to the "Electronic Cigarette Management Measures", electronic cigarette smoking device refers to a device that provides cigarette liquid for people to smoke, suck, chew or snort through atomization and other methods, combined with the mandatory national standards for electronic cigarettes, it can be determined that the atomizer device equipment that does not contain nicotine but can atomize aerosols for smoking is an electronic cigarette.
Jiang Xiaoxian believes that in practice, the tobacco monopoly management department can entrust scientific research institutions to conduct scientific analysis of the harmfulness of atomizers; Entrusting a third party to conduct a social investigation to objectively assess the misleading and inducing nature of the product; Hold hearings to hear the reasonable demands of relevant groups (especially minors and their parents), and do a good job of characterizing specific electronic atomizer products.
"If a particular electronic atomizer product is clearly different from an electronic cigarette product in appearance, the efficacy claim of the product will not mislead and induce consumers, and most importantly, its composition is harmless to the human body (such as completely moisture), it should not be characterized as an electronic cigarette." Kang Hyo-hyun said.
There are certain security risks
Monitoring and supervision need to be strengthened
Tang Wen believes that the above-mentioned multi-flavored herbal and traditional Chinese medicine atomizers are electronic cigarettes, which should be included in the regulatory scope of the "Electronic Cigarette Management Measures" and regulate production and sales, that is, manufacturers need to obtain corresponding qualifications, sellers obtain tobacco monopoly licenses, and must not be sold on information network platforms other than the prescribed electronic cigarette transaction management platform.
"It should be noted that the mandatory national standards for e-cigarettes clearly stipulate that e-cigarettes are limited to tobacco flavors, and other flavors such as mint, milk tea, and traditional Chinese medicine are prohibited flavors, and atomizers with various atomizer flavors are illegal e-cigarettes and should be prohibited from sale." Tang Wen said.
In Jiang Xiaoxian's view, if the relevant atomizer product is characterized as an electronic cigarette, it should be included in China's electronic cigarette regulatory system, and the relevant products must meet the mandatory national standards for electronic cigarettes, such as "selling flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can be atomized by themselves".
"Many nebulizers on the market are similar in appearance to electronic cigarettes, which may attract minors who are more curious about tobacco, while atomizers with nicotine, fruit, and Chinese medicine flavors may make parents relax their vigilance about their safety." If effective supervision is not carried out, it will adversely affect the physical and mental health of minors. Tang Wen said that this kind of atomizer is obviously suspected of playing the edge, in order to evade the state's supervision of electronic cigarettes, and abuse will lead to great safety risks.
Tang Wen bluntly said that the atomizer can atomize to produce aerosols, through breathing into the human body, directly related to the health of the masses, the current atomizer market has a wide range of products, and even many products with health food gimmicks, there should be clear regulatory constraints and guidance.
"It should be supervised in accordance with the Measures for the Administration of Electronic Cigarettes, the Mandatory National Standards for Electronic Cigarettes, the Provisions on Electronic Cigarette Warning Labels, and the Notice of the State Tobacco Monopoly Administration on Matters Related to Strengthening the Supervision of Electronic Cigarettes. Specifically, it includes strict supervision of the qualification and licensing of atomizer manufacturers, the sales of atomizers and atomizers, and the correct and clear guidance of the e-cigarette market, safeguarding consumers' right to know and protecting consumers' legitimate rights and interests. Tang Wen said.
Jiang Xiaoxian said that although China has established a "1+2+N" electronic cigarette regulatory system based on the Tobacco Monopoly Law and its implementation regulations, based on the "Electronic Cigarette Management Measures" and mandatory national standards for electronic cigarettes, and supported by a number of policy documents, electronic cigarettes are still a new thing on the whole, and there will be many new situations, new problems and new challenges in practice, and relevant departments need to continuously study and improve according to the development of practice.
"The Law on the Protection of Minors is an important legal basis for the supervision of electronic cigarettes in China, which stipulates that the parents or other guardians of minors shall not carry out the following acts: allowing or instigating minors to smoke (including electronic cigarettes, the same below), drinking, gambling, vagrancy and begging or bullying others." Jiang Xiaoxian said that relevant departments such as tobacco monopoly and market supervision should fully explore the normative intent of this provision, start from better safeguarding the legitimate rights and interests of minors, and strengthen the monitoring and supervision of electronic atomizers.
Jiang Xiaoxian said: "The Tobacco Monopoly Administration should integrate the forces of all parties to create a co-governance pattern of e-cigarettes, continuously enhance the governance capacity and level of e-cigarettes, better protect the physical and mental health of the masses, and maintain the national tobacco monopoly system." (Rule of Law Daily)