Summary of Vape Proposals at China's Two Sessions, Policy May Follow

I don't know when it started, but proposals regarding e-cigarettes began to appear at the Two Sessions. This year, the Two Sessions, which came late, also heard discussions on e-cigarettes, and there were quite a few. Three representatives from the National People's Congress and two members of the Chinese People's Political Consultative Conference brought proposals regarding e-cigarettes, and it seems they have done their homework, clearly intending to put e-cigarettes under strict regulation.

 

1. China should gradually ban the production and sale of e-cigarettes, and quickly amend and improve national smoking control and public smoking bans to include e-cigarettes. Additionally, extensive multi-level campaigns should be conducted to prohibit the sale and use of e-cigarettes.

 

— Ding Lieming, Representative of the National People's Congress and Chairman & CEO of Betta Pharmaceuticals

 

2. In the revision of the "Minor Protection Law," it should be clearly stated: prohibit the sale of tobacco products and e-cigarettes to minors; prohibit the sale of tobacco products and e-cigarettes within 100 meters of kindergartens, primary and secondary schools, and youth activity centers; prohibit smoking and using e-cigarettes in classrooms, dormitories, activity rooms, and other places where minors gather. For violations of the above regulations, it is suggested that market supervision and health administrative departments issue warnings, order corrections within a specified time, and impose fines.

 

— Qi Guoyan, Director of the Myasthenia Gravis Department at Shijiazhuang First Hospital, Representative of the National People's Congress

 

3. By amending the "Tobacco Monopoly Law" and related supporting laws and regulations, e-cigarettes should be classified as tobacco products and strictly regulated, prohibiting the sale of e-cigarettes to minors and pregnant women, prohibiting the use of e-cigarettes in indoor public places and transportation, and prohibiting the promotion of e-cigarettes as smoking cessation products.

 

— Gao Yu, Executive Director of Chongqing Puyuwei Technology Innovation Center, Representative of the National People's Congress

 

4. Strengthen the top-level design of the system, include e-cigarettes in the category of tobacco products, and implement monopoly management alongside traditional cigarettes; the National Health Commission and other departments should jointly formulate mandatory national standards for e-cigarettes to provide professional basis for e-cigarette regulation; at the same time, strengthen industry law enforcement and supervision, and improve the joint governance system. Market supervision departments should regulate the production quality standards, pre-market conditions, advertising, etc., strictly prohibiting exaggerated claims such as "beneficial to health" and "smoking cessation device" in product promotions, and reviewing and restricting e-cigarette information on apps like Kuaishou, Douyin, Weibo, and WeChat.

 

— Guo Guirong, Member of the Chinese People's Political Consultative Conference and Vice Mayor of Xiamen

 

5. In legal amendments, it should be clearly stated that operators of tobacco products and e-cigarettes must prominently display signs indicating that they do not sell tobacco products and e-cigarettes to minors. For those whose age is difficult to determine, they should be required to show identification; prohibit the sale of tobacco products and e-cigarettes within 100 meters of kindergartens, primary and secondary schools, and youth activity centers; prohibit smoking and using e-cigarettes in classrooms, dormitories, activity rooms, and other places where minors gather.

 

— Pan Biling, Standing Committee Member of the Chinese People's Political Consultative Conference and Deputy Director of the Hunan Provincial Department of Ecology and Environment

 

From these five proposals, one suggests banning the production and sale of e-cigarettes, which can be considered quite radical and unrealistic, potentially offending many industry professionals. The other four proposals hope to strengthen the regulatory measures for e-cigarettes, which seem relatively rational and understandable, but if e-cigarettes are classified as monopoly products, it may be a bit excessive.

 

Why is it said that banning the production and sale of e-cigarettes is unrealistic?

 

Since 2004, e-cigarettes invented and manufactured in China, primarily for export, have developed over more than a decade, forming a very mature and initially scaled industrial chain. It not only has thousands of operating companies and related enterprises but also employs millions of workers, generating significant foreign exchange income for the country each year. If e-cigarettes were to be banned outright, it would lead to the closure of many companies, and a large number of workers would lose their jobs, directly reducing the country's foreign exchange earnings. The stakeholders should be able to consider these relationships.

 

Why is there support for strengthening the regulation of e-cigarettes?

 

Without rules, there can be no order. Any industry requires a sound regulatory system for healthy and long-term development. The e-cigarette industry has been "running wild" for many years, and only in the past two years has it begun to receive attention from relevant departments, resulting in some management announcements. The "online ban" is considered the strictest management measure in the history of e-cigarettes. Although this is not the outcome that industry professionals wish to see, from the perspective of industry development, practitioners support strengthening the regulation of e-cigarettes while hoping to see the early introduction of national standards and related management measures. Only in this way can practitioners operate legitimately under clear guidelines.

 

Why is it said that classifying e-cigarettes as monopoly products is a bit excessive?

 

If e-cigarettes are forcibly classified as monopoly products, it lacks legal basis unless the Tobacco Monopoly Law is amended. If it is claimed that e-liquids contain tobacco components, making e-cigarettes fall under the Tobacco Monopoly Law, it would be unfair to manufacturers of smoking devices. E-cigarettes consist of e-liquids and smoking devices, which do not come from the same manufacturer in the entire production chain. E-liquid manufacturers specialize in developing various flavors of e-liquids, supplying them directly to device manufacturers or retailers. Device manufacturers are responsible for producing smoking devices and purchasing e-liquids from e-liquid manufacturers, ultimately assembling them into finished products. Currently, the number of device manufacturers is significantly higher than that of e-liquid manufacturers. If all are subjected to monopoly management, many device manufacturers may be forced to "sell out" or go bankrupt.

 

In summary, whether through prohibition or monopoly, neither approach solves the problem. From the perspective of public health, industry development, and practitioners, it is essential to introduce national standards and related management measures as soon as possible and strengthen unified regulatory efforts, which will be a win-win situation for all parties.

 

Finally, regarding the five proposals from representatives and committee members at the Two Sessions concerning e-cigarettes, I believe this may accelerate the introduction of national standards and related management measures for the industry. I trust that relevant national departments will take this seriously, begin investigations and research, clarify right from wrong, focus on the bigger picture, and soon provide a clear status for the e-cigarette industry.