What is China Tobacco’s stance on bringing e-cigarettes under the tobacco monopoly system?
What is China Tobacco’s attitude toward including e-cigarettes in the tobacco monopoly system? E-cigarettes have emerged as a new product category, yet their regulation remains largely absent under the current tobacco monopoly framework. This article disc
What is China Tobacco's attitude towards the inclusion of e-cigarettes in tobacco monopoly? E-cigarettes have become a new product. However, the supervision of e-cigarettes is still a blank in tobacco monopoly management. This paper attempts to discuss the structure, production and supervision status of e-cigarettes, as well as their similarities with traditional cigarettes, analyzes the rationality and feasibility of including e-cigarettes into the control of tobacco products, and proposes a series of control measures to incorporate e-cigarettes into monopoly management, so as to promote my country's e-cigarette market to embark on a legal and standardized development track as soon as possible. Fill the gap in e-cigarette supervision as soon as possible“”.
1 Introduction
“Attach importance to and promote the supervision of new tobacco products such as e-cigarettes, and continue to crack down on illegal trade in tobacco products. Miao Wei, Minister of Industry and Information Technology, specifically mentioned at the 2016 National Tobacco Work Conference that e-cigarettes, as a new type of tobacco product, have its Supervision has attracted the attention of the tobacco industry, but how to effectively supervise them has become a problem.
At present, China, as the world's factory, has a large demand and a wide variety of e-cigarettes compared with other new tobacco products (mouth-filled cigarettes, non-burning cigarettes, etc.). However, my country's supervision of e-cigarettes is basically in a vacuum state. Domestic e-cigarette production basically belongs to three states, that is, there are no product standards, no quality supervision, and no safety assessment. Therefore, the research on the supervision of e-cigarettes is also more valuable. Therefore, this paper mainly starts from the current situation, combines the similarities between traditional cigarettes and e-cigarettes and the advantages of tobacco monopoly supervision, and puts forward ideas and measures to incorporate e-cigarettes into monopoly management from the aspects of concept definition and production, supply, sales, and rational utilization of tobacco leaves, in order to play a role in attracting attention.
2 Definition and structure of e-cigarettes
2.1 Definition of e-cigarettes
Electronic cigarette (e-cigarette), also known as electronic nicotine delivery systems (ENDS), in November 2012, the report submitted by the Secretariat of the World Health Organization's Framework Convention on Tobacco Control to the fifth session of the Conference of the Parties clarified the definition of electronic cigarettes: electronic nicotine delivery systems are used to deliver nicotine to the respiratory system. This definition is generally understood to refer to products or devices that are similar in appearance to traditional cigarettes. Users use traditional smoking methods and inhale electronically heated and atomized chemical mixtures into the lungs. The vast majority of electronic cigarettes on the market contain tobacco or nicotine components.
2.2 Structure of e-cigarettes
Electronic cigarettes are mainly made of tobacco rods (Including light emitting diodes, batteries, control circuits, pneumatic switches, atomizers and other electronic components) and cigarette bombs (Including storage cavity and suction nozzle)(see Figure 1-1). There is an air flow channel at the center line of the cigarette rod. When the electronic cigarette is smoked, the pneumatic induction switch is triggered under the action of suction negative pressure, and the integrated control circuit is turned on through electromagnetic induction. The indicator light lights up. While the electric heating wire heats the tobacco oil in the cigarette cartridge, the atomizer emits ultrasonic waves to atomize the tobacco oil stored in the liquid cavity. The atomized tobacco oil enters the human oral cavity with the air flow. Thereby achieving the effect of simulating smoking. The tobacco oil in the cigarette bomb is mainly propylene glycol, glycerin or polyethylene glycol containing nicotine. In order to improve the taste, it is supplemented with various flavors to prepare various flavors to meet the needs of different smokers. There are strawberry, cherry, coffee, orange, vanilla, cream, rose, anise, lemon, pineapple, grape, mint, almond, banana, chocolate, kiwi, apple and other flavors. 1
Exploring the path to incorporating e-cigarettes into monopoly management
3 Current situation of e-cigarettes
3.1 production status
According to Alibaba data, the vast majority of manufacturers of e-cigarettes sold on e-commerce platforms, especially Taobao, are private enterprises in Shenzhen. Although some tobacco industry companies such as Sichuan and Chongqing China Tobacco and Hongyun Honghe Group are also researching and developing e-cigarette products, since the product concept and safety standards have not yet been clearly defined, in a responsible attitude, related products have not been put on the market. Therefore, judging from the current market share, Private enterprises are still the main producers and sources of supply of e-cigarettes.
3.2 sales status
3.2.1 E-cigarettes have seized the consumer market of cigarettes and caused the loss of national profits and taxes
The price of e-cigarettes ranges from a dozen yuan to hundreds of yuan. The cheapest e-cigarette only sells for 12 yuan. From June 1 to July 1, within a period of 30 days, judging from the browsing and transaction volume of e-cigarettes provided by the Alibaba Index, consumers are also more inclined to browse and purchase products in the range of 35.4-84 yuan. It can be seen that due to the low purchase price and the repeated recycling of cigarette oil, Therefore, the price can be said to be lower than traditional cigarettes. Give an example of explanation: #p#pagination title #e#
Suppose a smoker smokes an average of 1 pack of traditional cigarettes a day and ordinary soft cloud (23 yuan per pack). The average smoking amount is 30 packs a month, and the amount spent is 690 yuan; If you buy an ordinary 80-yuan (mid-level) e-cigarette, the average selling price of a 15ML bottle of tobacco oil containing 6mg of nicotine is 35 yuan. The amount of one pack of cigarettes a day is equivalent to 4- 5ML of tobacco oil. The same amount of smoking The amount of oil required for a month is 120-150ML, and the cost is 280-350 yuan. Add the price of the e-cigarette, The cost of smoking e-cigarettes is 360-430 yuan a month, which can save smokers 260-410 yuan on average per month. It can be seen that e-cigarettes have a great price advantage and will seize the market share of cigarettes. However, at present, e-cigarette products are not taxed in accordance with relevant tax items, which will lead to the loss of national profits and taxes.
Exploring the path to incorporating e-cigarettes into monopoly management
Figure 3-2 Price band distribution of consumer searches and purchases (derived from Alibaba Index)
3.2.2 E-cigarettes evade relevant regulations under the Advertising Law
At present, the awareness of e-cigarettes in China is not high, and the coverage of offline channels is extremely low. Online shopping is the main channel. According to relevant reports, almost all e-commerce websites sell e-cigarettes, but these products are not electrical appliances. Instead, they are attributed to gifts. These websites sell dozens of e-cigarette brands, which are no different from traditional cigarettes, and some are designed to be other novel and exquisite shapes of pipes. It is worth mentioning that, Most of the advertising slogans for these e-cigarettes use“ non-secondhand cigarettes”,
“Eliminating words such as tar and smoking cessation products to attract consumers 'attention can easily cause misunderstandings among consumers. However, the relevant provisions of the Advertising Law do not regulate them, which makes e-cigarette related advertisements fail to comply with the Advertising Law. Regulate and manage.
3.3 regulatory status
Under the existing monopoly system, Article 2 of the current Tobacco Monopoly Law of the People's Republic of China defines the concept of tobacco monopoly products and tobacco products. The term "tobacco monopoly products" as mentioned in this Law refer to cigarettes, cigars, shredded tobacco, recured tobacco leaves, tobacco paper, filter rods, cigarette tow, and tobacco special machinery. Cigarettes, cigars, shredded tobacco, and recured tobacco are collectively referred to as tobacco products.& rdquo; Here, the legislative techniques used in the Tobacco Monopoly Law are affirmative enumerations. Obviously, e-cigarettes are not included in the list, which means that current e-cigarettes cannot be directly classified as tobacco monopoly goods or tobacco products by definition. Therefore, current tobacco does not have the authority to supervise e-cigarettes.
Regarding the claimed smoking cessation efficacy of e-cigarettes, the "Drug Administration Law of the People's Republic of China" revised in 2001 defines the concept of drugs in Article 102 of the Supplementary Provisions. Drugs refer to substances used to prevent, treat, and diagnose human diseases, purposefully regulate human physiological functions, and can specify indications or functional indications, usage and dosage. They include Chinese medicinal materials, traditional Chinese medicine pieces, proprietary Chinese medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radiopharmaceuticals, serums, vaccines, blood products and diagnostic drugs.& rdquo; From this perspective, e-cigarettes do not have the main characteristics of drugs, and it is difficult to classify them into the category of drugs, and it is even more difficult to determine their relevant efficacy.
Therefore, my country's current supervision of e-cigarettes is, on the one hand, that e-cigarette production belongs to three states; on the other hand, it is facing the dilemma of making it difficult to classify e-cigarettes into the category of drugs and tobacco products.
4 Rationality of including e-cigarettes in the supervision of tobacco products
4.1 Including the management of tobacco products is in line with the legislative intent of the Tobacco Monopoly Law and can achieve effective supervision
The original legislative intention of the Tobacco Monopoly Law is to safeguard the interests of consumers and safeguard national interests. By organizing the production and operation of tobacco monopoly products in a planned manner, improving the quality of tobacco products, safeguarding consumer rights and interests and ensuring national fiscal revenue, and improving the quality of tobacco products. At the same time, it combines safeguarding consumer rights and interests with promoting the development of the tobacco industry and ensuring tax revenue. If e-cigarettes can be included in the regulation of the Monopoly Law, the problem of lack of quality supervision and safety assessment can be solved. This will allow consumers to have the basis and channels to safeguard their legitimate rights and interests. At the same time, they can also tax tobacco products and increase the country's fiscal and tax revenue.
my country's current tobacco management system of unified leadership, vertical management, and monopoly is established by the state in accordance with the Tobacco Monopoly Law and its implementation regulations. my country is one of the few countries in the world that has established full-time management departments and teams to effectively combat the illegal trade in tobacco products. In recent years, my country's tobacco industry has cultivated a monopoly inspection team of more than 60,000 people, mainly responsible for cracking down on the production and sale of counterfeit cigarettes. In the process of long-term monopoly management, China Tobacco has gradually explored an anti-counterfeiting system with government leadership, joint departments, multi-party participation, and close cooperation, and the focus of anti-counterfeiting is to end the dens, break the source, break the network, and catch the main offenders. In recent years, on the premise of adhering to and improving the tobacco monopoly system, China Tobacco has always attached great importance to the construction of self-discipline. By establishing and improving internal monopoly management and supervision agencies, internal audit agencies, discipline inspection and supervision agencies, legal and regulatory agencies, and rectification and regulation agencies, it has strictly implemented a licensing system for enterprises engaged in the production, sales, and import and export of tobacco monopoly products to achieve supervision over the entire process of people, finances, materials, production, supply, sales, domestic, foreign and trade. The current tobacco monopoly system is relatively mature in terms of market supervision, case investigation, internal supervision and other systems, which can provide a relatively mature management framework for the supervision of e-cigarettes and achieve effective supervision.# p#pagination title #e#
4.2 Similarities with traditional cigarettes
4.2.1 Similarity of suction conditions
In order to achieve similar personal experience with traditional cigarettes and reduce the resistance of smokers to electronic cigarette products, most electronic cigarettes have similar appearance to traditional cigarettes, simulating traditional cigarettes in appearance and size, especially similar to traditional cigarettes in smoking mode. The smoking time of traditional cigarettes is about 2 seconds, the smoking interval is 30-60 seconds, and the extraction capacity is 35-55ml. When consumers use electronic cigarettes, The pumping time is 2-4 seconds, the pumping interval is 10-30 seconds, and the pumping capacity is 50-70ml, which has certain similarities with the traditional smoking method.
Exploring the path to incorporating e-cigarettes into monopoly management
4.2.2 Similar consequences of nicotine exposure to e-cigarettes and traditional cigarettes
In 2014, the journal Nature published a report titled E-cigarettes affect cells, which pointed out that the changes in gene expression in cells after exposure to e-cigarettes are similar to those of cigarettes. Some researchers placed human bronchial cells in culture medium exposed to e-cigarette aerosols, and their gene expression was surprisingly similar to that grown in culture medium exposed to cigarette smoke. Many of its mutation sites are the same as those of cancer smokers. Although the current level of research has not yet confirmed whether e-cigarettes can induce cancer, from in vitro cell research, e-cigarette aerosol exposure and traditional cigarette smoke exposure The consequences are extremely similar.
4.3 The nicotine (nicotine) in e-cigarette liquid originates from tobacco extraction
There are three main sources of nicotine in e-cigarette tobacco leaves, namely: tobacco extraction (Mainly extracted from tobacco waste or directly from tobacco leaves using extraction methods), chemical synthesis, and other plant nicotine extraction (by extracting from nicotine-containing plants such as tomatoes, potatoes, eggplants, tea and other substances); Among the three sources, tobacco extraction is the cheapest and simple to obtain. The nicotine content is large. Compared with lifting the same amount of nicotine from plants, plants require 1000 times more raw materials than tobacco leaves. 5
According to the Zhengzhou Tobacco Research Institute, the National Tobacco Quality Inspection Center and other units 'component analysis of domestic and foreign e-cigarette liquids sold on the market, it is known that as long as e-cigarette liquids on the market contain nicotine, myosmine and cotinine, which are the secondary alkaloids of tobacco. It can be seen that the nicotine in e-cigarette liquids sold on the market comes from tobacco extraction.
5 Specific regulatory measures envisaged
5.1 defining identity
5.1.1 Defining through legislation
By amending the law, cigarette products such as e-cigarettes will be used as affirmative lists, or other tobacco monopoly products will be used as general definitions, and added to the definition of tobacco monopoly products and tobacco products in Article 2 of the Tobacco Monopoly Law., the identity of e-cigarettes will be directly defined from the legislative level and incorporated into the supervision of tobacco monopoly from the legislative channel.
5.1.2 Definition through judicial interpretation
Through judicial interpretation, e-cigarettes are interpreted as“ tobacco products” or” tobacco monopoly products”; because the current Tobacco Monopoly Law defines tobacco monopoly products and tobacco products only uses legislative techniques of affirmative enumeration (Affirmative enumeration refers to the definition of tobacco products listed by category by law.) It is worth noting that such a positive enumeration definition does not negatively exclude e-cigarettes (negative exclusion refers to items that do not belong to the definition of tobacco products are listed and excluded, and everything listed is excluded from the definition). In order to maintain the stability of existing laws, the author believes that it is more feasible to interpret e-cigarettes as tobacco products or tobacco monopoly products.
5.2 Incorporate into the tobacco monopoly management system
Ensure that e-cigarettes, like traditional tobacco products, are subject to all-round supervision from production, supply and sales.
5.2.1 From the perspective of license management
The "Regulations on the Application, Use and Supervision of Tobacco Monopoly Licenses" can provide a general statement on the scope of wholesale license applications, and no longer break down the types of tobacco monopoly products, and use tobacco products and other tobacco monopoly products. For retail licenses, if physical stores operating e-cigarettes are involved, they can be implemented in accordance with the current retail license management methods.# p#pagination title #e#
5.2.2 In terms of production, a product production approval registration system is implemented. When producing e-cigarettes, manufacturers must register with the monopoly management department, submit a product list, and declare relevant ingredients and potentially harmful ingredients. Only when approved products can be put into production, the tobacco monopoly department must strictly control relevant ingredients and potentially harmful ingredients.
3 In terms of market access,
In terms of market access, a product listing review system is implemented, requiring new products to go through review by the monopoly management department before being launched, and only after approval can they obtain authorization to market.
5.2.4 From the perspective of market supervision
From the perspective of market supervision, a relevant e-cigarette safety and quality standard system has been established. The tobacco monopoly management department is responsible for supervising relevant operators and investigating and punishing relevant quality problems and counterfeiting phenomena in accordance with laws and regulations.
5.2.6 Control and effective utilization of tobacco leaves from the source
At present, the nicotine in e-cigarettes comes from the extraction of tobacco leaves. Currently, the structure of tobacco leaves is optimized, and the proportion of high-quality cigarettes purchased has been increased. The fresh tobacco leaves knocked off by tobacco farmers after optimizing the structure of the tobacco leaves have not been effectively utilized. E-cigarette liquid manufacturers can carry out planned recycling of freshly knocked tobacco leaves and extract nicotine (nicotine). On the one hand, they can standardize the entry channels of tobacco leaves from the source and incorporate them into the acquisition plan. Purchase according to plans and procedures; on the other hand, effective utilization of tobacco leaves can be achieved and the income of tobacco farmers can be increased.
5.3 Regulate e-cigarette advertising
Incorporate e-cigarette advertising into the tobacco advertising management measures, or formulate e-cigarette advertising management policies based on the tobacco advertising management measures. Strictly restrict the use of e-cigarettes for advertising with words such as good for health and a tool for smoking cessation. At the same time, the form and place of publication of its advertisements are limited.
5.4 Increase publicity and education on e-cigarettes
Add publicity and education on e-cigarettes to the anti-smoking education to allow the public to strengthen their awareness of e-cigarettes and keep young people away from e-cigarettes; at the same time, it also plays a role in public supervision, supervising and reporting counterfeit e-cigarettes or illegal sales found around them, and effectively strengthening the effective supervision of e-cigarettes.
6 Issues needing attention when incorporated into monopoly management
6.1 How to integrate with e-cigarette production and processing companies
The vast majority of e-cigarette manufacturers in China are currently private enterprises in Shenzhen and Guangzhou. They exist independently of local tobacco companies and the national tobacco monopoly system. If e-cigarettes are defined as tobacco products through laws or legal interpretations,
What method should the tobacco monopoly authorities choose and how to effectively integrate it have become a major problem. A reasonable decision must be made by weighing the interests of both parties and considering various factors. And before implementing new approvals and regulations, try to allow manufacturers reasonable time to continue selling existing products and adapt to changes.
6.2 Relevant resources need to be prepared and planned in advance
The current regulatory experience of tobacco authorities is mainly the supervision of traditional cigarettes. Whether tobacco monopoly authorities have sufficient resources to perform the functions entrusted by law is also one of the important issues that must be paid attention to at present. Only by planning and preparing the required equipment before supervision can e-cigarettes be better and more effectively supervised.
6.3 Innovation in investigative thinking and technology under the Internet
At present, the main sales channel of e-cigarettes is sales through online platforms. How to supervise the sales environment of online platforms is also the core issue currently facing. The author believes that solving this dilemma requires current tobacco monopoly personnel to update their thinking and adopt Use new ideas such as big data, cross-border collaboration, and structural analysis to improve the supervision level of e-cigarettes under the Internet by the monopoly management team.
1 Introduction
“Attach importance to and promote the supervision of new tobacco products such as e-cigarettes, and continue to crack down on illegal trade in tobacco products. Miao Wei, Minister of Industry and Information Technology, specifically mentioned at the 2016 National Tobacco Work Conference that e-cigarettes, as a new type of tobacco product, have its Supervision has attracted the attention of the tobacco industry, but how to effectively supervise them has become a problem.
At present, China, as the world's factory, has a large demand and a wide variety of e-cigarettes compared with other new tobacco products (mouth-filled cigarettes, non-burning cigarettes, etc.). However, my country's supervision of e-cigarettes is basically in a vacuum state. Domestic e-cigarette production basically belongs to three states, that is, there are no product standards, no quality supervision, and no safety assessment. Therefore, the research on the supervision of e-cigarettes is also more valuable. Therefore, this paper mainly starts from the current situation, combines the similarities between traditional cigarettes and e-cigarettes and the advantages of tobacco monopoly supervision, and puts forward ideas and measures to incorporate e-cigarettes into monopoly management from the aspects of concept definition and production, supply, sales, and rational utilization of tobacco leaves, in order to play a role in attracting attention.
2 Definition and structure of e-cigarettes
2.1 Definition of e-cigarettes
Electronic cigarette (e-cigarette), also known as electronic nicotine delivery systems (ENDS), in November 2012, the report submitted by the Secretariat of the World Health Organization's Framework Convention on Tobacco Control to the fifth session of the Conference of the Parties clarified the definition of electronic cigarettes: electronic nicotine delivery systems are used to deliver nicotine to the respiratory system. This definition is generally understood to refer to products or devices that are similar in appearance to traditional cigarettes. Users use traditional smoking methods and inhale electronically heated and atomized chemical mixtures into the lungs. The vast majority of electronic cigarettes on the market contain tobacco or nicotine components.
2.2 Structure of e-cigarettes
Electronic cigarettes are mainly made of tobacco rods (Including light emitting diodes, batteries, control circuits, pneumatic switches, atomizers and other electronic components) and cigarette bombs (Including storage cavity and suction nozzle)(see Figure 1-1). There is an air flow channel at the center line of the cigarette rod. When the electronic cigarette is smoked, the pneumatic induction switch is triggered under the action of suction negative pressure, and the integrated control circuit is turned on through electromagnetic induction. The indicator light lights up. While the electric heating wire heats the tobacco oil in the cigarette cartridge, the atomizer emits ultrasonic waves to atomize the tobacco oil stored in the liquid cavity. The atomized tobacco oil enters the human oral cavity with the air flow. Thereby achieving the effect of simulating smoking. The tobacco oil in the cigarette bomb is mainly propylene glycol, glycerin or polyethylene glycol containing nicotine. In order to improve the taste, it is supplemented with various flavors to prepare various flavors to meet the needs of different smokers. There are strawberry, cherry, coffee, orange, vanilla, cream, rose, anise, lemon, pineapple, grape, mint, almond, banana, chocolate, kiwi, apple and other flavors. 1
Exploring the path to incorporating e-cigarettes into monopoly management
3 Current situation of e-cigarettes3.1 production status
According to Alibaba data, the vast majority of manufacturers of e-cigarettes sold on e-commerce platforms, especially Taobao, are private enterprises in Shenzhen. Although some tobacco industry companies such as Sichuan and Chongqing China Tobacco and Hongyun Honghe Group are also researching and developing e-cigarette products, since the product concept and safety standards have not yet been clearly defined, in a responsible attitude, related products have not been put on the market. Therefore, judging from the current market share, Private enterprises are still the main producers and sources of supply of e-cigarettes.
3.2 sales status
3.2.1 E-cigarettes have seized the consumer market of cigarettes and caused the loss of national profits and taxes
The price of e-cigarettes ranges from a dozen yuan to hundreds of yuan. The cheapest e-cigarette only sells for 12 yuan. From June 1 to July 1, within a period of 30 days, judging from the browsing and transaction volume of e-cigarettes provided by the Alibaba Index, consumers are also more inclined to browse and purchase products in the range of 35.4-84 yuan. It can be seen that due to the low purchase price and the repeated recycling of cigarette oil, Therefore, the price can be said to be lower than traditional cigarettes. Give an example of explanation: #p#pagination title #e#
Suppose a smoker smokes an average of 1 pack of traditional cigarettes a day and ordinary soft cloud (23 yuan per pack). The average smoking amount is 30 packs a month, and the amount spent is 690 yuan; If you buy an ordinary 80-yuan (mid-level) e-cigarette, the average selling price of a 15ML bottle of tobacco oil containing 6mg of nicotine is 35 yuan. The amount of one pack of cigarettes a day is equivalent to 4- 5ML of tobacco oil. The same amount of smoking The amount of oil required for a month is 120-150ML, and the cost is 280-350 yuan. Add the price of the e-cigarette, The cost of smoking e-cigarettes is 360-430 yuan a month, which can save smokers 260-410 yuan on average per month. It can be seen that e-cigarettes have a great price advantage and will seize the market share of cigarettes. However, at present, e-cigarette products are not taxed in accordance with relevant tax items, which will lead to the loss of national profits and taxes.
Exploring the path to incorporating e-cigarettes into monopoly management
Figure 3-2 Price band distribution of consumer searches and purchases (derived from Alibaba Index)
3.2.2 E-cigarettes evade relevant regulations under the Advertising Law
At present, the awareness of e-cigarettes in China is not high, and the coverage of offline channels is extremely low. Online shopping is the main channel. According to relevant reports, almost all e-commerce websites sell e-cigarettes, but these products are not electrical appliances. Instead, they are attributed to gifts. These websites sell dozens of e-cigarette brands, which are no different from traditional cigarettes, and some are designed to be other novel and exquisite shapes of pipes. It is worth mentioning that, Most of the advertising slogans for these e-cigarettes use“ non-secondhand cigarettes”,
“Eliminating words such as tar and smoking cessation products to attract consumers 'attention can easily cause misunderstandings among consumers. However, the relevant provisions of the Advertising Law do not regulate them, which makes e-cigarette related advertisements fail to comply with the Advertising Law. Regulate and manage.
3.3 regulatory status
Under the existing monopoly system, Article 2 of the current Tobacco Monopoly Law of the People's Republic of China defines the concept of tobacco monopoly products and tobacco products. The term "tobacco monopoly products" as mentioned in this Law refer to cigarettes, cigars, shredded tobacco, recured tobacco leaves, tobacco paper, filter rods, cigarette tow, and tobacco special machinery. Cigarettes, cigars, shredded tobacco, and recured tobacco are collectively referred to as tobacco products.& rdquo; Here, the legislative techniques used in the Tobacco Monopoly Law are affirmative enumerations. Obviously, e-cigarettes are not included in the list, which means that current e-cigarettes cannot be directly classified as tobacco monopoly goods or tobacco products by definition. Therefore, current tobacco does not have the authority to supervise e-cigarettes.
Regarding the claimed smoking cessation efficacy of e-cigarettes, the "Drug Administration Law of the People's Republic of China" revised in 2001 defines the concept of drugs in Article 102 of the Supplementary Provisions. Drugs refer to substances used to prevent, treat, and diagnose human diseases, purposefully regulate human physiological functions, and can specify indications or functional indications, usage and dosage. They include Chinese medicinal materials, traditional Chinese medicine pieces, proprietary Chinese medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radiopharmaceuticals, serums, vaccines, blood products and diagnostic drugs.& rdquo; From this perspective, e-cigarettes do not have the main characteristics of drugs, and it is difficult to classify them into the category of drugs, and it is even more difficult to determine their relevant efficacy.
Therefore, my country's current supervision of e-cigarettes is, on the one hand, that e-cigarette production belongs to three states; on the other hand, it is facing the dilemma of making it difficult to classify e-cigarettes into the category of drugs and tobacco products.
4 Rationality of including e-cigarettes in the supervision of tobacco products
4.1 Including the management of tobacco products is in line with the legislative intent of the Tobacco Monopoly Law and can achieve effective supervision
The original legislative intention of the Tobacco Monopoly Law is to safeguard the interests of consumers and safeguard national interests. By organizing the production and operation of tobacco monopoly products in a planned manner, improving the quality of tobacco products, safeguarding consumer rights and interests and ensuring national fiscal revenue, and improving the quality of tobacco products. At the same time, it combines safeguarding consumer rights and interests with promoting the development of the tobacco industry and ensuring tax revenue. If e-cigarettes can be included in the regulation of the Monopoly Law, the problem of lack of quality supervision and safety assessment can be solved. This will allow consumers to have the basis and channels to safeguard their legitimate rights and interests. At the same time, they can also tax tobacco products and increase the country's fiscal and tax revenue.
my country's current tobacco management system of unified leadership, vertical management, and monopoly is established by the state in accordance with the Tobacco Monopoly Law and its implementation regulations. my country is one of the few countries in the world that has established full-time management departments and teams to effectively combat the illegal trade in tobacco products. In recent years, my country's tobacco industry has cultivated a monopoly inspection team of more than 60,000 people, mainly responsible for cracking down on the production and sale of counterfeit cigarettes. In the process of long-term monopoly management, China Tobacco has gradually explored an anti-counterfeiting system with government leadership, joint departments, multi-party participation, and close cooperation, and the focus of anti-counterfeiting is to end the dens, break the source, break the network, and catch the main offenders. In recent years, on the premise of adhering to and improving the tobacco monopoly system, China Tobacco has always attached great importance to the construction of self-discipline. By establishing and improving internal monopoly management and supervision agencies, internal audit agencies, discipline inspection and supervision agencies, legal and regulatory agencies, and rectification and regulation agencies, it has strictly implemented a licensing system for enterprises engaged in the production, sales, and import and export of tobacco monopoly products to achieve supervision over the entire process of people, finances, materials, production, supply, sales, domestic, foreign and trade. The current tobacco monopoly system is relatively mature in terms of market supervision, case investigation, internal supervision and other systems, which can provide a relatively mature management framework for the supervision of e-cigarettes and achieve effective supervision.# p#pagination title #e#
4.2 Similarities with traditional cigarettes
4.2.1 Similarity of suction conditions
In order to achieve similar personal experience with traditional cigarettes and reduce the resistance of smokers to electronic cigarette products, most electronic cigarettes have similar appearance to traditional cigarettes, simulating traditional cigarettes in appearance and size, especially similar to traditional cigarettes in smoking mode. The smoking time of traditional cigarettes is about 2 seconds, the smoking interval is 30-60 seconds, and the extraction capacity is 35-55ml. When consumers use electronic cigarettes, The pumping time is 2-4 seconds, the pumping interval is 10-30 seconds, and the pumping capacity is 50-70ml, which has certain similarities with the traditional smoking method.
Exploring the path to incorporating e-cigarettes into monopoly management
4.2.2 Similar consequences of nicotine exposure to e-cigarettes and traditional cigarettes
In 2014, the journal Nature published a report titled E-cigarettes affect cells, which pointed out that the changes in gene expression in cells after exposure to e-cigarettes are similar to those of cigarettes. Some researchers placed human bronchial cells in culture medium exposed to e-cigarette aerosols, and their gene expression was surprisingly similar to that grown in culture medium exposed to cigarette smoke. Many of its mutation sites are the same as those of cancer smokers. Although the current level of research has not yet confirmed whether e-cigarettes can induce cancer, from in vitro cell research, e-cigarette aerosol exposure and traditional cigarette smoke exposure The consequences are extremely similar.
4.3 The nicotine (nicotine) in e-cigarette liquid originates from tobacco extractionThere are three main sources of nicotine in e-cigarette tobacco leaves, namely: tobacco extraction (Mainly extracted from tobacco waste or directly from tobacco leaves using extraction methods), chemical synthesis, and other plant nicotine extraction (by extracting from nicotine-containing plants such as tomatoes, potatoes, eggplants, tea and other substances); Among the three sources, tobacco extraction is the cheapest and simple to obtain. The nicotine content is large. Compared with lifting the same amount of nicotine from plants, plants require 1000 times more raw materials than tobacco leaves. 5
According to the Zhengzhou Tobacco Research Institute, the National Tobacco Quality Inspection Center and other units 'component analysis of domestic and foreign e-cigarette liquids sold on the market, it is known that as long as e-cigarette liquids on the market contain nicotine, myosmine and cotinine, which are the secondary alkaloids of tobacco. It can be seen that the nicotine in e-cigarette liquids sold on the market comes from tobacco extraction.
5 Specific regulatory measures envisaged
5.1 defining identity
5.1.1 Defining through legislation
By amending the law, cigarette products such as e-cigarettes will be used as affirmative lists, or other tobacco monopoly products will be used as general definitions, and added to the definition of tobacco monopoly products and tobacco products in Article 2 of the Tobacco Monopoly Law., the identity of e-cigarettes will be directly defined from the legislative level and incorporated into the supervision of tobacco monopoly from the legislative channel.
5.1.2 Definition through judicial interpretation
Through judicial interpretation, e-cigarettes are interpreted as“ tobacco products” or” tobacco monopoly products”; because the current Tobacco Monopoly Law defines tobacco monopoly products and tobacco products only uses legislative techniques of affirmative enumeration (Affirmative enumeration refers to the definition of tobacco products listed by category by law.) It is worth noting that such a positive enumeration definition does not negatively exclude e-cigarettes (negative exclusion refers to items that do not belong to the definition of tobacco products are listed and excluded, and everything listed is excluded from the definition). In order to maintain the stability of existing laws, the author believes that it is more feasible to interpret e-cigarettes as tobacco products or tobacco monopoly products.
5.2 Incorporate into the tobacco monopoly management system
Ensure that e-cigarettes, like traditional tobacco products, are subject to all-round supervision from production, supply and sales.
5.2.1 From the perspective of license management
The "Regulations on the Application, Use and Supervision of Tobacco Monopoly Licenses" can provide a general statement on the scope of wholesale license applications, and no longer break down the types of tobacco monopoly products, and use tobacco products and other tobacco monopoly products. For retail licenses, if physical stores operating e-cigarettes are involved, they can be implemented in accordance with the current retail license management methods.# p#pagination title #e#
5.2.2 In terms of production, a product production approval registration system is implemented. When producing e-cigarettes, manufacturers must register with the monopoly management department, submit a product list, and declare relevant ingredients and potentially harmful ingredients. Only when approved products can be put into production, the tobacco monopoly department must strictly control relevant ingredients and potentially harmful ingredients.
3 In terms of market access,
In terms of market access, a product listing review system is implemented, requiring new products to go through review by the monopoly management department before being launched, and only after approval can they obtain authorization to market.
5.2.4 From the perspective of market supervision
From the perspective of market supervision, a relevant e-cigarette safety and quality standard system has been established. The tobacco monopoly management department is responsible for supervising relevant operators and investigating and punishing relevant quality problems and counterfeiting phenomena in accordance with laws and regulations.
5.2.6 Control and effective utilization of tobacco leaves from the source
At present, the nicotine in e-cigarettes comes from the extraction of tobacco leaves. Currently, the structure of tobacco leaves is optimized, and the proportion of high-quality cigarettes purchased has been increased. The fresh tobacco leaves knocked off by tobacco farmers after optimizing the structure of the tobacco leaves have not been effectively utilized. E-cigarette liquid manufacturers can carry out planned recycling of freshly knocked tobacco leaves and extract nicotine (nicotine). On the one hand, they can standardize the entry channels of tobacco leaves from the source and incorporate them into the acquisition plan. Purchase according to plans and procedures; on the other hand, effective utilization of tobacco leaves can be achieved and the income of tobacco farmers can be increased.
5.3 Regulate e-cigarette advertising
Incorporate e-cigarette advertising into the tobacco advertising management measures, or formulate e-cigarette advertising management policies based on the tobacco advertising management measures. Strictly restrict the use of e-cigarettes for advertising with words such as good for health and a tool for smoking cessation. At the same time, the form and place of publication of its advertisements are limited.
5.4 Increase publicity and education on e-cigarettes
Add publicity and education on e-cigarettes to the anti-smoking education to allow the public to strengthen their awareness of e-cigarettes and keep young people away from e-cigarettes; at the same time, it also plays a role in public supervision, supervising and reporting counterfeit e-cigarettes or illegal sales found around them, and effectively strengthening the effective supervision of e-cigarettes.
6 Issues needing attention when incorporated into monopoly management
6.1 How to integrate with e-cigarette production and processing companies
The vast majority of e-cigarette manufacturers in China are currently private enterprises in Shenzhen and Guangzhou. They exist independently of local tobacco companies and the national tobacco monopoly system. If e-cigarettes are defined as tobacco products through laws or legal interpretations,
What method should the tobacco monopoly authorities choose and how to effectively integrate it have become a major problem. A reasonable decision must be made by weighing the interests of both parties and considering various factors. And before implementing new approvals and regulations, try to allow manufacturers reasonable time to continue selling existing products and adapt to changes.
6.2 Relevant resources need to be prepared and planned in advance
The current regulatory experience of tobacco authorities is mainly the supervision of traditional cigarettes. Whether tobacco monopoly authorities have sufficient resources to perform the functions entrusted by law is also one of the important issues that must be paid attention to at present. Only by planning and preparing the required equipment before supervision can e-cigarettes be better and more effectively supervised.
6.3 Innovation in investigative thinking and technology under the Internet
At present, the main sales channel of e-cigarettes is sales through online platforms. How to supervise the sales environment of online platforms is also the core issue currently facing. The author believes that solving this dilemma requires current tobacco monopoly personnel to update their thinking and adopt Use new ideas such as big data, cross-border collaboration, and structural analysis to improve the supervision level of e-cigarettes under the Internet by the monopoly management team.
