Dozens of Vendors on a Wuhan Street Cluster to Sell Flavored Vapes; Lawyer Says It May Be Illegal

"There are people selling fruit-flavored e-cigarettes on the roadside, which is prohibited by national regulations." Recently, a reporter received feedback from netizens stating that there are businesses selling fruit-flavored e-cigarettes around Jianghan Road Pedestrian Street in Wuhan.

As early as last October, with the implementation of the national standard for e-cigarettes, only tobacco-flavored e-cigarettes that meet national standards can be sold, while fruit-flavored e-cigarettes are explicitly banned.

A lawyer pointed out that businesses selling fruit-flavored e-cigarettes are violating legal regulations and the national standard for e-cigarettes, constituting illegal activities.

Street vendors selling e-cigarettes

E-cigarette counter hiding fruit-flavored e-cigarettes

Recently, a reporter from Jimu News observed at an e-cigarette counter on Zhongshan Avenue in Wuhan, where various models of e-cigarettes were displayed. When the reporter, posing as a consumer, inquired about fruit-flavored e-cigarettes, the staff opened a black box hidden in the counter, revealing various fruit-flavored pods such as strawberry, green grape, and melon.

The reporter noted that these fruit-flavored pods were priced between 99 to 109 yuan per box, with no information about the manufacturer on the packaging. The staff presented a handwritten price list, indicating that these fruit-flavored pods were compatible with a well-known e-cigarette brand. The counter also displayed a WeChat QR code for citywide delivery.

Additionally, the reporter found another e-cigarette counter on Jianghan Road Pedestrian Street selling various e-cigarettes that meet national standards. The staff claimed that there were no fruit-flavored e-cigarettes available, only compliant products.

Dozens of Vendors Clustered on a Street Selling Fruit-Flavored E-Cigarettes

The bustling Jianghan Road Pedestrian Street is a popular shopping destination. As night fell, the reporter observed multiple vendors setting up stalls directly on the street, with large advertisements for "e-cigarettes" to attract passersby.

When the reporter inquired at one stall, the vendor stated that various fruit-flavored e-cigarettes, including strawberry, orange, and watermelon, were available. The reporter also noticed that the stall sold illegal e-cigarettes disguised as "milk tea cups".

The vendor claimed that bulk purchases could receive discounts. The reporter closely examined the e-cigarettes at the stall and found no production dates. The vendor claimed that these e-cigarettes were all recently produced and could also be delivered.

At a nearby night market, the reporter saw many people shopping for clothes and accessories. Several stalls selling e-cigarettes were also operating, with fruit-flavored e-cigarettes being sold, and people frequently inquired about purchases.

Exploring Jianghan Road Pedestrian Street, the reporter discovered over 10 vendors selling fruit-flavored e-cigarettes, with some even setting up stalls in the middle of the street to attract business, while others frequently changed locations to sell.

Vendors selling e-cigarettes on Jianghan Road

Lawyer: Street Sales of E-Cigarettes May Be Illegal

Regarding the street sales of fruit-flavored e-cigarettes, Meng Qing'en, a lawyer from Beijing Zhongwen (Shanghai) Law Firm, stated in an interview that according to Article 26 of the "E-Cigarette Management Measures", it is prohibited to sell flavored e-cigarettes other than tobacco flavor in China. The continued sale of fruit-flavored e-cigarettes by businesses violates legal regulations and the national standard for e-cigarettes, constituting illegal activities. According to the "Implementation Regulations of the Tobacco Monopoly Law", the tobacco monopoly administrative department has the authority to order businesses to cease selling e-cigarettes, confiscate illegal gains, and impose fines ranging from 20% to 50% of the total illegal sales amount, as well as publicly destroy the illegally sold tobacco monopoly products.

Lawyer Meng Qing'en pointed out that according to the national standard for e-cigarettes, e-cigarette products and components must comply with mandatory national standards. For "three-no" e-cigarettes, consumers find it difficult to identify and understand the ingredients, contraindications, and safety issues, which can easily mislead consumers and even endanger their personal safety and health.

Regarding mobile vendors selling e-cigarettes on the street, Lawyer Meng Qing'en stated that any business or individual engaged in the retail of tobacco products must obtain a tobacco monopoly license. Operating without a license constitutes illegal operation, and relevant authorities have the right to order the cessation of tobacco retail operations, confiscate illegal gains, and impose fines ranging from 20% to 50% of the total illegal operation amount. Additionally, according to relevant provisions of the Criminal Law, if a business earns a significant amount from unlicensed e-cigarette operations, they may also be suspected of illegal business crimes.