MIIT: E-Cigarettes to Follow Rules Applicable to Cigarette Monopoly Sales

The discussion around e-cigarettes has been ongoing in recent years, and they are expected to be formally regulated soon. Today (March 22), the Ministry of Industry and Information Technology (MIIT) of China released a draft for public consultation.

The MIIT's decision to amend the "Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China" includes a single sentence:

In the appendix of the draft, a new clause is added as Article 65: “E-cigarettes and other new tobacco products shall be implemented in accordance with the relevant provisions regarding cigarettes in this regulation.”

In this regard, the MIIT explained that it is mainly based on the following considerations:

(1) To promote the legalization of e-cigarette regulation. In recent years, new situations and problems have emerged in the market regulation of e-cigarettes and other new tobacco products, attracting significant public attention. This amendment primarily aims to implement the requirements of the Party Central Committee and the State Council regarding the promotion of the legalization of e-cigarette regulation, clarify the legal basis for the regulation of e-cigarettes and other new tobacco products, and ensure alignment with laws and regulations such as the "Law on the Protection of Minors of the People's Republic of China," thereby playing an important role in establishing a legal foundation, stabilizing expectations, and benefiting long-term development.

(2) To align with the characteristics of e-cigarette products and current international regulatory practices. Given that e-cigarettes and other new tobacco products share similarities with traditional cigarettes in core components, product functions, and consumption methods, it is appropriate to implement the relevant provisions regarding cigarettes in the "Implementation Regulations" for e-cigarettes and other new tobacco products. This is also consistent with the regulatory approaches of major countries and regions internationally regarding e-cigarettes and other new tobacco products.

(3) To enhance the effectiveness of e-cigarette regulation. Implementing the relevant provisions regarding cigarettes in the "Implementation Regulations" for e-cigarettes and other new tobacco products will significantly improve the effectiveness of e-cigarette regulation, effectively standardize the production and operation activities of e-cigarettes, address issues such as product quality and safety risks, false advertising, and effectively protect consumers' legal rights.