Wuhu, Anhui Releases Typical Cases for 2023 Special Campaign to Prevent Minors’ Illegal Crimes (Toba
The Wuhu Market Supervision Administration has released the first batch of typical cases for the 2023 special campaign to prevent illegal crimes by minors (tobacco).
Since the launch of the special campaign to prevent juvenile crimes, the market supervision system at all levels in Wuhu City, Anhui Province, has actively taken action, focusing on key and hot issues of public concern, strengthening responsibility, and investigating a number of cases closely related to minors. This has reinforced the regulatory defenses of the tobacco market (including e-cigarettes) and fully protected the physical and mental health of minors. The first batch of typical cases is as follows:
1. The Market Supervision Bureau of Fanchang District investigates a case of unlicensed operation of e-cigarettes by a storage service department.
1. Case Summary
On February 8, 2023, law enforcement officers from the Fanchang District Market Supervision Bureau, in conjunction with the District Tobacco Monopoly Bureau, District Public Security Bureau, and District Education Bureau, inspected a "certain storage service department in Fanchang District" and found e-cigarettes on the shelves, including 23 disposable vape devices (15mL) and 1 disposable vape device (mini cup), totaling 24 e-cigarette products. The store did not hang the corresponding tobacco monopoly license. The actions of the parties involved are suspected of constituting illegal operation of e-cigarettes without a tobacco monopoly retail license. According to Article 32 of the Tobacco Monopoly Law of the People's Republic of China and Article 57 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, the parties were ordered to cease retail operations of tobacco products and were penalized as follows: 1. Confiscation of illegal gains of 360 yuan; 2. A fine of 1260 yuan.
2. Case Analysis
This case is the first case of "unlicensed operation of e-cigarettes" since the launch of the special action on e-cigarettes. The "E-cigarette Management Measures" officially came into effect on May 1, 2022, bringing e-cigarettes under the same regulatory framework as ordinary cigarettes, addressing the legal applicability issues related to e-cigarette violations.
2. The Market Supervision Bureau of Nanling County investigates a case of unlicensed retail of tobacco products and sale of counterfeit registered trademarks by a gift recycling store.
1. Case Summary
On February 3, 2023, the Nanling County Market Supervision Bureau received a case transfer letter and related materials from the Nanling County Tobacco Monopoly Bureau. On the same day, the bureau took compulsory measures to seize the counterfeit registered trademark tobacco products sold by the parties and initiated an investigation. It was found that the parties were engaged in cigarette recycling business, buying low and selling high to make a profit, without obtaining a tobacco monopoly retail license. The value of the involved cigarettes was 19,935 yuan. After appraisal, some of the involved cigarettes were found to be counterfeit registered trademarks and substandard cigarettes, with a value of 13,885 yuan. The parties' actions of operating tobacco products without a tobacco monopoly retail license and selling counterfeit registered trademark tobacco products violated Article 16 of the Tobacco Monopoly Law of the People's Republic of China, Article 6, Paragraph 1 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, and Article 57, Item 3 of the Trademark Law of the People's Republic of China. According to Article 57 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China and Article 60, Paragraph 2 of the Trademark Law of the People's Republic of China, the Nanling County Market Supervision Bureau ordered the parties to cease operations of tobacco products without a tobacco monopoly retail license and selling counterfeit registered trademark tobacco products, and imposed the following penalties: 1. Confiscation of the seized counterfeit registered trademark tobacco products; 2. A fine of 18,000 yuan.
2. Case Analysis
In the special rectification of e-cigarettes, focus was placed on the areas surrounding schools, emphasizing market supervision responsibilities, and closely monitoring the sale of tobacco, alcohol, food, children's toys, and other products around schools, severely cracking down on illegal activities that may harm the growth of minors. In this case, the parties not only operated tobacco products without a tobacco monopoly retail license but also sold cigarettes that included counterfeit registered trademark tobacco products, seriously disrupting the order of tobacco monopoly management and infringing on the legitimate rights and interests of consumers and registered trademark holders, causing serious negative social impact. The market supervision department investigated and handled the case according to law and made administrative penalty decisions to firmly maintain market order and the legitimate rights and interests of all parties, severely crack down on illegal activities, and warn operators to be aware of the law and operate legally and honestly.
3. The Market Supervision Bureau of Nanling County investigates a case of unlicensed operation of tobacco by a daily miscellaneous store.
1. Case Summary
On February 6, 2023, the Nanling County Bureau, in conjunction with the County Tobacco Monopoly Bureau, inspected a certain daily miscellaneous store. It was found that the parties had purchased 11 varieties of cigarettes, totaling 20 cartons for sale from surrounding stores in January 2023, without obtaining a tobacco monopoly retail license, and had sold 1.4 cartons of cigarettes. The parties' actions are suspected of constituting illegal operation of tobacco products without a license. According to Article 57 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, the parties were ordered to cease retail operations of tobacco products and were given the following administrative penalty: a fine of 965 yuan.
2. Case Analysis
The successful handling of this case further clarified the boundaries of responsibilities between departments, streamlined cooperation channels between departments, and expanded the breadth and depth of law enforcement cooperation, forming a collaborative management work pattern, laying a solid foundation for maintaining the order of the e-cigarette and tobacco retail market in this region.
4. The Market Supervision Bureau of Wuwei City investigates a case of selling e-cigarettes to minors by a certain electronic store.
1. Case Summary
In April 2022, the Wuwei City Market Supervision Bureau received a tip-off that a certain electronic store in Wuwei City was suspected of selling e-cigarettes to minors. Upon investigation, the registered entity of the "Y00Z" electronic store was found to be a certain electronic store in Wuwei City. The parties sold e-cigarettes to students of a certain middle school in Wuwei City on June 15, 2021, and September 29, 2021. The purchasers were under 18 years old at the time of purchase, and the parties did not verify the identity information of the purchasers. The parties' actions violated Article 59 of the Law on the Protection of Minors of the People's Republic of China. The Wuwei City Market Supervision Bureau transferred the case to the tobacco monopoly department for handling according to law.
2. Case Analysis
In this case, the Wuwei City Bureau took proactive measures, quickly investigated, clarified the basic facts of the case, and focused on coordinating the functions of administrative law enforcement, establishing a collaborative mechanism for administrative law enforcement departments, and initially forming a work pattern of resource sharing, information exchange, and smooth cooperation.
5. The Sanshan Economic Development Zone investigates a case of unlicensed operation of tobacco by a convenience store.
1. Case Summary
On December 20, 2022, the Wuhu City Tobacco Monopoly Bureau inspected a convenience store in the Sanshan Economic Development Zone and found that the parties had not obtained a tobacco monopoly retail license while operating tobacco products. A total of 39 cartons of cigarettes were seized on-site, including 19 cartons of Huangshan (National Guest Welcoming Pine) hard, 15 cartons of Huangshan (Impression Yipin) hard, 3 cartons of Yunyan (Zhenpin) soft, and 2 cartons of Furongwang (Yellow) hard. The price of the involved cigarettes was determined to be 6,570 yuan according to the "Price List of Involved Tobacco Monopoly Products" issued by the bureau. On December 22, 2022, the Sanshan Economic Development Zone Market Supervision Bureau received a case transfer letter and attached materials from the Wuhu City Tobacco Monopoly Bureau. The parties' actions are suspected of constituting illegal operation of tobacco products without a tobacco monopoly retail license. According to Article 13 of the Measures for the Investigation and Punishment of Unlicensed Operations, Article 32 of the Tobacco Monopoly Law of the People's Republic of China, and Article 57 of the Implementation Regulations of the Tobacco Monopoly Law of the People's Republic of China, the parties were ordered to cease illegal activities and were penalized as follows: a fine of 1,314 yuan.
2. Case Analysis
This case occurred in a relatively remote rural area, where the parties had a weak legal awareness. During the case handling process, law enforcement personnel used a warm approach to legal education, enhancing the parties' understanding and awareness of tobacco-related laws and regulations, making them realize the serious consequences of illegal behavior, achieving a balance between punishment and education.
Wuhu Market Supervision Bureau
March 29, 2023
