Legal Daily: Beware the Sweet Temptation of Illegal E-Cigarettes

Reporter: Zhou Xiaopeng

Intern reporter: Li Wen

"Milk tea cup," "cola can," "teddy bear"... With colorful bottles, threaded caps, and colorful curved straws, marked with the words "MINI CUP," what are these? Toys, drinks, or something else?

In fact, they are all e-cigarettes dressed in "disguises." These stylish and interesting-looking e-cigarette products with sweet and diverse flavors have quickly attracted a group of fans, including many minors in schools. Little do they know that these flavored e-cigarettes are mostly produced by illegal workshops and are "three no" products, posing numerous health and safety risks.

Smoking these illegal e-cigarettes is by no means a "new trend" or "cool experience." Recently, relevant departments have intensified their crackdown on illegal e-cigarettes, requiring businesses to operate in accordance with the law, and consumers, especially minors, should be vigilant, avoid curiosity, follow trends, and refrain from being swept up in the "pseudo-trend" of e-cigarettes that could harm their physical and mental health.

High concealment and great harm

"I didn't expect that fruit-flavored e-cigarettes could be so harmful. I will definitely resist them in the future and also persuade my classmates not to come into contact with such things." Recently, staff from the Baoding Tobacco Monopoly Bureau entered the Baoding Sports School to explain the dangers of illegal e-cigarettes like "milk tea cups" and "cola cans," guiding students to raise their awareness.

It is understood that e-cigarettes contain not only nicotine but also propylene glycol, glycerin, and even some heavy metals, which have a significant impact on human health, and smoking them can affect brain function and growth and development in adolescents.

Flavored e-cigarettes like "milk tea cups" and "cola cans" are not only visually appealing but also offer a variety of flavors, making them very attractive to students. However, these sweet-flavored e-cigarettes contain a large amount of e-liquid, and smoking them can also lead to addiction. Moreover, various additives are randomly added during production to change the flavor and color of the e-cigarettes, posing even greater harm to the human body.

Additionally, after the implementation of the "E-cigarette Management Measures" and the national standard for "E-cigarettes" in 2022, non-tobacco flavored e-cigarettes from major brands have exited the market, and disposable e-cigarette products have been banned from production and sale. Products like "milk tea cups" and "cola cans" that focus on fruit flavors and disposable use usually do not indicate the manufacturer's name, address, or production date, making them "three no" products and illegal e-cigarettes.

Reports today indicate that various illegal e-cigarettes have been found to release different levels of lead, nickel, and other heavy metals and harmful substances, far exceeding the standards for impurities and pollutants in aerosol products. These substances can severely harm the nervous system, blood and hematopoietic system, digestive system, reproductive system, and urinary system.

In February 2022, the Ministry of Public Security, the State Tobacco Monopoly Administration, the State Administration for Market Regulation, and the Ministry of Education jointly issued the "Special Work Plan for Cracking Down on Illegal Sales of E-cigarettes to Minors," which proposed to "solve a number of cases involving 'head e-cigarettes' and other drug-related illegal activities."

As a type of illegal e-cigarette, the so-called "head e-cigarettes" contain tetrahydrocannabinol or synthetic cannabinoids, which are more addictive and deceptive than traditional drugs like marijuana. Therefore, they are essentially a new type of drug, and smoking "head e-cigarettes" constitutes drug use, while selling e-cigarettes containing cannabinoids constitutes drug trafficking crimes.

Avoiding regulation and penetrating sales

"E-cigarettes are also tobacco and require a license to operate; they cannot be sold through illegal channels." Recently, the People's Procuratorate of Chang'an District in Shijiazhuang, in conjunction with the Chang'an District Tobacco Monopoly Bureau, entered the business district to conduct legal publicity on "cracking down on illegal e-cigarettes" for consumers and businesses.

As an "online sales ban" for e-cigarettes, as early as 2019, the State Tobacco Monopoly Administration and the State Administration for Market Regulation issued a notice on "Further Protecting Minors from E-cigarette Harm," urging e-commerce platforms to promptly close e-cigarette stores and remove e-cigarette products from shelves. In 2021, e-cigarettes were officially included in the tobacco regulatory system.

The "E-cigarette Management Measures" clearly prohibit the sale of flavored e-cigarettes other than tobacco flavors and e-cigarettes that allow the addition of aerosol; no e-cigarette sales outlets may be set up around ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools, and kindergartens. The Minor Protection Law also has relevant provisions.

However, reports today indicate that although e-cigarette-related information can no longer be searched on e-commerce shopping platforms, some social and short video platforms still have sales information for "milk tea cups" and "cola cans." Merchants usually do not respond directly but guide users to add WeChat for communication to bypass platform regulation. Some illegal flavored e-cigarettes have already penetrated into small supermarkets, small stalls, and even circulated in stationery stores near schools.

Staff from the Baoding Tobacco Monopoly Bureau introduced that in the "Guarding Growth" special action carried out by the bureau, they focus on inspecting e-cigarette retail stores in the jurisdiction, informing sales personnel that they must not sell e-cigarettes to minors and must not sell flavored illegal e-cigarette products like fruit and floral flavors, and prominently display or post signs prohibiting the sale of e-cigarettes to minors in the store.

Severe crackdown and joint governance

"Everyone is the first responsible person for their own health."

Recently, the People's Procuratorate of Chang'an District in Shijiazhuang, in conjunction with the Chang'an District Tobacco Monopoly Bureau, entered Shijiazhuang Railway University to conduct legal education classes on e-cigarettes for college students, explaining the consequences of selling flavored e-cigarettes and "head e-cigarettes" without a license, warning students not to be curious, not to come into contact with, or try e-cigarettes with unusual flavors, and not to follow trends, promote, or sell unqualified e-cigarettes.

Although many brands of e-cigarettes promote themselves as "healthy and harmless" or "helping to quit smoking," e-cigarettes not only do not help with quitting but may also create an "entry effect," leading non-smokers to develop nicotine dependence and become smokers, with adolescents being the primary victims, as illegal e-cigarettes pose even greater harm to them.

"With the rapid rise of the e-cigarette industry, the scale of consumption among young people is expanding, exposing significant social risks and safety hazards." Wang Pu, a member of the Party Leadership Group and Deputy Chief Prosecutor of the Chang'an District Procuratorate, stated that the procuratorial organs will actively perform their duties, work with relevant functional departments for joint governance, strengthen the smoke-free barrier, and jointly protect a smoke-free youth.

Experts point out that to crack down on illegal e-cigarettes, various departments should strengthen market supervision, play a role in joint regulation, severely punish illegal activities, carry out campus safety education, enhance anti-smoking science popularization, establish and improve long-term regulatory mechanisms, and build a three-in-one protective model involving society, family, and schools, enhancing the governance capacity of e-cigarettes, and will not tolerate illegal cases such as selling e-cigarettes to minors, effectively creating a good social environment for the healthy growth of adolescents.

The "Special Work Plan for Cracking Down on Illegal Sales of E-cigarettes to Minors" states that public security, tobacco monopoly, market regulation, and education departments in various regions should strengthen organizational leadership, closely cooperate between departments, enhance clue reporting and major case investigation cooperation, establish and improve mechanisms for joint inspections and joint law enforcement, and ensure the implementation of various measures such as publicity, rectification, and investigation.