Ganzhou: Online Sale of E-cigarettes Deemed Illegal, Suspect Approved for Arrest

Case Review

After investigation, it was found that starting from January 2019, the suspect Luo Moujun, without obtaining a tobacco sales license, took advantage of his cousin Luo Moujun (who has been released on bail) to engage in foreign trade with Russia. He purchased HEETS e-cigarettes in bulk at a price of 175 yuan per box from Russia and brought the pods into the country through flight attendants. Luo Moujun took orders and received payments via WeChat, while Luo Moujun helped contact suppliers and package shipments to customers, selling them nationwide at a price of 220 yuan per box. Statistics show that Luo Moujun and Luo Moujun sold a total of 3,387 boxes of HEETS e-cigarettes.

Since March 2018, suspects Zhang Moudan and Zhang Mou have also purchased HEETS e-cigarettes and Marlboro e-cigarettes in bulk from suppliers like Luo Moujun and "Luo Teng" (identity unknown) via WeChat without obtaining a sales license. The two suspects adopted a business model of joint purchasing, joint shipping, individual sales, and individual profits, selling a total of 1,196 boxes of e-cigarettes via WeChat.

A smoker from Ganzhou, Li Mou, purchased HEETS e-cigarettes from Luo Moujun and found the taste unsatisfactory, suspecting they were counterfeit, and filed a complaint with the tobacco monopoly bureau. After investigation, the tobacco monopoly bureau found that this case involved criminal activity and referred it to the public security authorities, leading to the case being uncovered.

Case Handling

On February 6, 2020, the public security authorities requested the arrest of the suspects. The prosecution reviewed the case and found that Luo Moujun, Zhang Moudan, and Zhang Mou violated national regulations by illegally purchasing and cross-regional selling without obtaining a tobacco sales license, severely disrupting market order. Their actions violated Article 225 of the Criminal Law of the People's Republic of China, with clear criminal facts and sufficient evidence, and they should be held criminally responsible for illegal business operations. The existing evidence can confirm the severity of their circumstances and the possibility of committing new crimes, thus approving the arrest of the three suspects.