MIIT: E-Cigarettes to Be Regulated Under Cigarette Monopoly Rules

E-cigarettes, which have been under discussion for regulation for years, are expected to be formally brought under regulatory control soon. Today (March 22), China’s Ministry of Industry and Information Technology released a draft for public comment on the matter.

The Decision on Amending the Implementing Regulations of the Tobacco Monopoly Law of the People’s Republic of China released by the MIIT contains just one key addition:

An additional provision will be added to the supplementary provisions of the Implementing Regulations of the Tobacco Monopoly Law of the People’s Republic of China (Draft for Comment) as Article 65: “New tobacco products such as e-cigarettes shall be regulated with reference to the relevant provisions on cigarettes in these Regulations.”

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

(1) Advancing the rule-of-law framework for e-cigarette regulation. In recent years, some new developments and issues have emerged in the market regulation of new tobacco products such as e-cigarettes, drawing broad public attention. This revision is mainly intended to implement the requirements of the CPC Central Committee and the State Council on advancing law-based e-cigarette regulation, clarify the legal basis for supervising e-cigarettes and other new tobacco products, and ensure alignment with laws and regulations such as the Law of the People’s Republic of China on the Protection of Minors, so as to fully leverage the important role of the rule of law in strengthening foundations, stabilizing expectations, and delivering long-term benefits.

(2) Aligning with the characteristics of e-cigarette products and prevailing international regulatory practices. Given that new tobacco products such as e-cigarettes are similar to traditional cigarettes in core ingredients, product functions, and consumption methods, they should be regulated with reference to the relevant provisions on cigarettes in the Implementing Regulations. This is also consistent with the regulatory approach adopted by major countries and regions internationally for e-cigarettes and other new tobacco products.

(3) Enhancing the effectiveness of e-cigarette regulation. Applying the relevant cigarette provisions of the Implementing Regulations to e-cigarettes and other new tobacco products will substantially improve regulatory effectiveness, effectively standardize production and business operations, address issues such as product quality and safety risks and false advertising, and genuinely protect consumers’ lawful rights and interests.