Shanghai issues another ruling in illegal e-cigarette business case: 160,000 yuan involved, suspende
May 1, 2022
《e-cigarettesThe Management Measures will be implemented
this means thate-cigarette industry
Officially entered the "strong supervision" stage
However, there are still people
Knowing various national policies and regulations
crimes against the wind
Selling flavored e-cigarettes without a license
Does WeChat sell e-cigarettes?
basic case
October 2022 to January 2023
Defendants Wu Moumou and Gao Moumou
#p#Pagination Title #e#Without a tobacco monopoly license
External sales through WeChat
“yueshi"Tank" and other typesBrand electronic cigarettes
Among them, the defendant Wu Moumou
responsible forContact Shangxia home and send express delivery
Defendant Gao Moumou is responsible
According to Wu Moumou's instructionsSorting and packaging e-cigarettes
In January 2023, the police found Wu Moumou's residence
Seizure more than 1700 boxes of various e-cigarettes for sale
Valued by Shanghai City Tobacco Monopoly Bureau
The value of the above e-cigarettes is more than RMB 160,000
Identified and inspected by Shanghai City Tobacco Quality Supervision and Inspection Station
The above e-cigarettesAll non-State Tobacco Monopoly Administration
E-cigarette sales cataloge-cigarette products
Does not meet the requirements of the mandatory national standard for e-cigarettes GB41700 #p#pagination title #e#
Some product packaging logos are in all foreign languages and no product bar codes
court judgment
Small cases and big people's livelihood
the court held, the defendants Wu Moumou and Gao Moumou operated franchised and monopolized items stipulated in laws and administrative regulations without permission, disrupting the order of the market economy. The circumstances were serious, and their actions constituted the crime of illegal business operations. The defendants Wu Moumou and Gao Moumou were sentenced to two years in prison and nine months in prison, suspended sentences were applied and fined.
the judge suggested
Small cases and big people's livelihood
E-cigarettes are electronic delivery systems used to generate aerosols for people to smoke, etc., an electronic product that imitates cigarettes, includingthe cartridge, smoking equipment and products sold in combination with cigarette bombs and smoking equipment.Seasoned e-cigarettes such as "milk tea cups" and "coke cans" have their novel appearance and sweet taste, which will especially attract the attention of young people with poor judgment and pursuit of freshness #p#pagination title #e#, but these e-cigarettes contain a large amountsmoke oil, and various additives are added at will during production to change the taste and color of e-cigarettes, which is more harmful to the human body. What's more, flavored e-cigarettes have become carriers of new drugs.
Without obtaining licenses such as tobacco monopoly retail, the production and sale of e-cigarettes may constituteThe crime of illegal business operation, for the production and sale of counterfeit or counterfeit electronic cigarettes, may also constitute the crime of producing and selling counterfeit products or the crime of selling goods with counterfeit registered trademarks.。
Although e-cigarettes are different from ordinary cigarettes, they also belong to franchises, monopolies or other items that are restricted from trading as stipulated by laws and administrative regulations.Especially with the successive promulgation and implementation of the "Electronic Cigarette Management Measures" and "Electronic Cigarette National Standards", the era of e-cigarette supervision with evidence to manage and standards to follow has arrived。Producers and sellers of e-cigarettes should strictly abide by laws and regulations and operate in compliance with laws and regulations. Consumers should also have a clear and clear understanding of e-cigarettes. E-cigarettes are also harmful to health, let alone purchase them through unofficial platforms that do not meet national standards.
Related today's news: Shanghai's illegal e-cigarette business case verdict: The case value of 1.42 million yuan was sentenced to three detentions and a fine of 90,000 yuan
Legal links
Criminal Law of the People's Republic of China
Article 225 Anyone who violates state regulations and commits one of the following illegal business activities and disrupts market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also or shall only be fined not less than one time but not more than five times the illegal income; If the circumstances are particularly serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined not less than one time but not more than five times the illegal income or confiscated property:
(1) Operating monopolized, monopolized goods or other goods whose trading is restricted as prescribed by laws and administrative regulations without permission;
……。
