Low-Quality E-Cigarettes Rampant in Taiwan; Health Bureau Launches Investigation

The Kaohsiung City Government Health Bureau in Taiwan has recently received repeated reports from the public alleging that unapproved "e-cigarette" products were being illegally sold at night market stalls. Although inspections did not uncover such products at some of the night market stalls, the bureau has so far purchased four "e-cigarette" products online and submitted them to the Food and Drug Administration of the Ministry of Health and Welfare for testing. According to the test results, all were found to contain nicotine. The Kaohsiung City Government Health Bureau stated that it will refer the case to prosecutors and investigators for suspected violations of the Pharmaceutical Affairs Act.

The Kaohsiung City Government Health Bureau stated that if an e-cigarette product does not contain nicotine but claims medical efficacy such as "helping people quit smoking," "reducing nicotine dependence," or "easing withdrawal symptoms," it violates Article 69 of the Pharmaceutical Affairs Act and may be subject to a fine ranging from NT$600,000 to NT$25 million. The illegal products will also be confiscated and destroyed.

Even if an e-cigarette product does not contain nicotine and does not claim smoking cessation effects, its appearance may resemble tobacco products, which would still violate Article 14 of the Tobacco Hazards Prevention Act: "No person shall manufacture, import, or sell candy, snacks, toys, or any other items in the shape of tobacco products." Manufacturers or importers may be fined between NT$10,000 and NT$50,000 and ordered to recall the products within a specified period. Failure to complete the recall on time may result in consecutive penalties. Retailers may be fined between NT$1,000 and NT$3,000.

The Kaohsiung City Government Health Bureau reiterated that the Food and Drug Administration has not approved any medicinal product license for nicotine-containing products under names such as "e-cigarettes" or "electronic atomizers." The public is urged not to use such products to quit smoking, so as to avoid failing to quit while also harming their health. The bureau also calls on the public not to break the law by selling such products.

Regarding "e-cigarette" products, since March 2009 the Ministry of Health and Welfare has classified nicotine-containing e-cigarette products as pharmaceuticals. However, no e-cigarette products have been approved to date. Anyone who manufactures or imports such products without approval violates Article 20 or 22 of the Pharmaceutical Affairs Act and may face up to 10 years in prison and a fine of up to NT$10 million. Anyone who sells, supplies, or displays such products for sale without approval may face up to 7 years in prison and a fine of up to NT$5 million.