Hangzhou Xiaoshan investigates first case involving sales of counterfeit and substandard flavored e-

In recent years, the e-cigarette industry has developed rapidly worldwide, but with rapid development comes chaos, and the negative social effects are evident, such as unlicensed operations, minors developing nicotine addiction, and drug additives forming dependencies, necessitating regulation. The "E-cigarette Management Measures" were released on March 11, 2022, and took effect on May 1, 2022; the mandatory national standard "GB 41700-2022 E-cigarettes" was implemented on October 1, 2022, prohibiting the sale of fruit-flavored e-cigarettes, marking a new stage in the legalization and standardization of the e-cigarette industry. In early 2023, to explore methods for handling fruit-flavored e-cigarette cases across the province, the Market Management Bureau of Xiaoshan District, Hangzhou, was entrusted by the provincial bureau to first assess the illegal circumstances and legal applicability of fruit-flavored e-cigarettes and handle the first case of counterfeit and substandard fruit-flavored e-cigarettes.

On March 30, 2023, the Xiaoshan District Market Supervision Administration legally confiscated 14 boxes of counterfeit fruit-flavored e-cigarettes from a certain vapor electronic business in Hangzhou, confiscating illegal gains of 6,664 yuan and imposing an administrative penalty of 7,500 yuan.

In early March 2023, the Xiaoshan District Market Supervision Administration and the Tobacco Monopoly Bureau conducted their first joint inspection of e-cigarettes as per the directives of the higher authorities. On February 28, 2023, law enforcement officers from the Hangzhou Xiaoshan District Tobacco Monopoly Bureau seized 8 boxes of fruit-flavored e-cigarettes during an on-site inspection at the business premises. Some e-cigarette packaging was even designed to resemble milk tea cups, coffee cups, etc., leading minors to mistakenly believe that they do not contain nicotine and thus develop an addiction. According to the newly issued "E-cigarette Management Measures," the sale of flavored e-cigarettes other than tobacco flavor is prohibited. Upon investigation, it was found that the individual had purchased 150 boxes of fruit-flavored e-cigarettes, including watermelon ice, peach lychee, Bi Luo Chun, taro, and ice honey peach, from others in December 2022. By the time of the seizure, the individual had sold 136 boxes of fruit-flavored e-cigarettes, totaling sales of 13,464 yuan, with illegal gains of 6,664 yuan. Law enforcement officers immediately registered and preserved the 8 boxes of fruit-flavored e-cigarette products seized on-site, while the remaining 6 boxes were voluntarily surrendered by the individual.

The aforementioned e-cigarettes were identified as counterfeit fruit-flavored e-cigarettes by the Zhejiang Tobacco Quality Supervision and Testing Station. The watermelon ice, peach lychee, and Antarctic ice flavors among the 6 varieties of e-cigarettes were all counterfeit. The individual's behavior of selling counterfeit fruit-flavored e-cigarettes, according to Article 26 of the "E-cigarette Management Measures" and Article 32 of the "Product Quality Law of the People's Republic of China," constitutes the act of passing off unqualified products as qualified products. According to Article 50 of the "Product Quality Law of the People's Republic of China," the Xiaoshan District Market Supervision Administration imposed an administrative penalty of confiscating 14 boxes of counterfeit fruit-flavored e-cigarettes, confiscating illegal gains of 6,664 yuan, and imposing a fine of 7,500 yuan on the electronic business.

Fruit-flavored e-cigarettes are particularly misleading to young people, as their packaging resembling milk tea cups and coffee cups can mislead minors into thinking they do not contain nicotine, leading to addiction and health damage. To protect minors, the "Minor Protection Law" specifically prohibits the sale of cigarettes (including e-cigarettes) to minors. The handling of this case is an application of the newly released laws and regulations and mandatory national standards, with the Xiaoshan Bureau exploring a path for law enforcement practice across the province.

This case demonstrates the confidence and determination of the market supervision and tobacco monopoly departments in regulating the e-cigarette market. In the future, the Xiaoshan District will further strengthen joint law enforcement in the e-cigarette market, standardize the market environment, protect consumers' legitimate rights and interests, and safeguard the physical and mental health of minors. (Ren Nengwang)