MIIT: E-Cigarettes to Be Regulated With Reference to Cigarette Monopoly Rules

In recent years, discussions about e-cigarettes are expected to soon be officially regulated. Today (March 22), the Ministry of Industry and Information Technology of China released a draft for public consultation.

The decision to amend the "Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China" released by the Ministry of Industry and Information Technology contains only one sentence:

In the appendix of the "Draft Regulations on the Implementation of the Tobacco Monopoly Law of the People's Republic of China," an additional clause is added as Article 65: "New tobacco products such as e-cigarettes shall be implemented in accordance with the relevant provisions regarding cigarettes in this regulation."

To this end, the Ministry of Industry and Information Technology explained that it is mainly based on the following considerations:

(1) Promoting the legalization of e-cigarette regulation. In recent years, new situations and problems have emerged in the market regulation of new tobacco products such as e-cigarettes, which have attracted significant attention from all sectors of society. This amendment mainly implements the requirements of the Central Committee of the Communist Party of China and the State Council on promoting the legalization of e-cigarette regulation, clarifying the legal basis for the regulation of new tobacco products such as e-cigarettes, and ensuring good coordination with laws and regulations such as the "Law on the Protection of Minors of the People's Republic of China," playing an important role in establishing a legal foundation, stabilizing expectations, and benefiting long-term development.

(2) Aligning with the characteristics of e-cigarette products and current international regulatory practices. Given that new tobacco products such as e-cigarettes share similarities with traditional cigarettes in core components, product functions, and consumption methods, e-cigarettes should be implemented in accordance with the relevant provisions regarding cigarettes in the "Implementation Regulations." This is also consistent with the regulatory approaches of major countries and regions internationally regarding new tobacco products such as e-cigarettes.

(3) Enhancing the effectiveness of e-cigarette regulation. Implementing new tobacco products such as e-cigarettes in accordance with the relevant provisions regarding cigarettes in the "Implementation Regulations" will significantly enhance the effectiveness of e-cigarette regulation, effectively standardizing the production and operation activities of e-cigarettes, addressing issues such as product quality and safety risks, false advertising, and effectively protecting consumers' legal rights.