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Vaping Devices Are Not Governed by the Tobacco Monopoly Law, But Regulation Cannot Be Left Blank

Recently, Hu Yinbin, a senior media professional and columnist for Guangming Online under the state mainstream newspaper Guangming Daily, published a signed article online titled Vaping Devices Replacing Traditional Cigarettes: Regulation Cannot Be Left B
Recently, Hu Yinbin, a columnist for the mainstream media Guangming Daily and a senior media person, published an article online titled "E-cigarettes Replace Traditional Cigarettes, Regulation Cannot Be Left Blank," which has garnered significant attention and has been reprinted by many media outlets.

In the article, he mainly points out that e-cigarettes are not within the scope of the Tobacco Monopoly Law but are treated as electronic medical devices for distribution. With the market already activated, especially as comprehensive smoking bans become prevalent, the lack of clear regulatory norms for e-cigarettes presents a significant legal gap, which is evidently inappropriate.
E-cigarettes are not governed by the Tobacco Monopoly Law, but regulation cannot be left blank The main content of this article is reproduced below; feel free to read and leave your thoughts in the comments section.

In recent years, the comprehensive smoking ban in public places has become a trend. At the same time, e-cigarettes, as a substitute product mimicking traditional cigarettes, have rapidly seized the market. Reports indicate that in 2017, China's e-cigarette production reached 1.651 billion units, with an average annual compound growth rate of 71.6%. However, with the rapid growth of the e-cigarette market, problems have also emerged. Recently, the Hong Kong Academy of Medicine, the University of Hong Kong's Faculty of Medicine, the Chinese University of Hong Kong's Faculty of Medicine, and the Medical Association held a joint press conference calling for a complete ban on e-cigarettes and new tobacco products.

E-cigarettes mainly use atomization and other methods to turn specially formulated e-liquids and tobacco sticks into vapor. People generally believe that e-cigarettes have smoke, taste, and sensations similar to traditional cigarettes but are more environmentally friendly and healthier, leading many to consider them a substitute for traditional cigarettes and hope to quit smoking.

Currently, e-cigarettes have even evolved from "quit smoking tools" into a trend and culture, with young people viewing vaping as fashionable. Reports mention that "just like those stylishly dressed individuals skating through subcultures, vaping may be the simplest way to integrate into their group." The term Vape, coined by e-cigarette enthusiasts to describe the act of vaping, even became the Oxford Dictionary's word of the year in 2014.

However, there is no absolute good or bad in the world. Reports reveal that a study in Sweden indicates that the vapor from e-cigarettes has carcinogenic effects on the bladders and lungs of rodents and has negative impacts on the heart. Two years ago, the U.S. Food and Drug Administration (FDA) commissioned the National Academies of Sciences, Engineering, and Medicine to study e-cigarettes, concluding that while e-cigarettes do not contain tar, they still have various other carcinogenic substances, and the secondhand smoke they produce is also harmful.

Many medical experts are also calling attention to the fact that e-cigarettes still contain nicotine, which is addictive and creates dependency. However, their voices are often drowned out by the promotions from e-cigarette manufacturers and the praise from users. As traditional smoking cessation efforts remain in a stalemate and are difficult to advance, people tend to be more tolerant of alternative products.

It is precisely because of the perceived business opportunity that the e-cigarette market has experienced explosive growth. Data shows that there are currently about 2,000 e-cigarette experience retail stores in China, especially in first-tier cities like Beijing, Shanghai, Guangzhou, and Shenzhen, where experience stores are rapidly increasing.
E-cigarettes are not governed by the Tobacco Monopoly Law, but regulation cannot be left blank Accompanying this, the regulation of e-cigarettes in China is still a blank slate. Relevant systems and laws have not formed constraints on them. E-cigarettes are not within the scope of the Tobacco Monopoly Law but are treated as electronic medical devices for distribution. With the market already activated, especially as comprehensive smoking bans become prevalent, the lack of clear regulatory norms for e-cigarettes presents a significant legal gap, which is evidently inappropriate.

Internationally, Finland is the country with the strictest controls on e-cigarettes, followed by Hungary and Greece, which impose strict taxes and regulations on the public use of e-cigarettes. Meanwhile, the European Union is also considering tightening e-cigarette regulations.

As a major tobacco country, China should initiate relevant legislation on e-cigarettes as soon as possible to effectively regulate such products. Otherwise, even if the traditional tobacco market shrinks and e-cigarettes become the mainstream choice for smokers, they will continue to harm public health; and if comprehensive smoking bans are ineffective, e-cigarettes will take advantage of the situation, which is also not what the public wishes to see.

After all, public health cannot be held hostage by the tobacco market, and regulation cannot always lag behind. This is also an essential aspect of modern government governance.
H
HNB Editorial Team

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