Professional Lawyer: If Overseas Authorities Report Quality Issues Before the 'Export Guidelines' We

According to Ge Wu, after consulting with the Zheng Mingwei lawyer team from Beijing Zhongyin (Shenzhen) Law Firm, it has been confirmed that if electronic cigarette products are reported for quality and safety issues by international organizations or foreign government agencies before July 20, 2023, electronic cigarette companies must immediately report to the relevant local authorities.<\/p>

Regarding the "Export Guidelines" itself, Ge Wu Consumer previously shared in "Key Points! Electronic cigarettes reported for quality issues overseas must proactively report and accept inspections." The latest update means that the timing of the release of the "Export Guidelines" is not the standard for determining whether to proactively report previous quality safety issues reported overseas. Below is the corresponding response from Zheng Mingwei's lawyer team.<\/p>

The "Guidelines for Promoting the Construction of Quality Assurance System for Export Electronic Cigarette Products" (hereinafter referred to as the "Export Guidelines") issued and effective on July 20, 2023, stipulates in Article 14 that if electronic cigarette products are reported for quality and safety issues by international organizations or foreign government agencies, companies must immediately report to the relevant local authorities, and the relevant companies must accept inspections organized by the authorities in accordance with the law.<\/p>

The Zheng Mingwei lawyer team interpreted this clause in an article published on July 21 titled "At the Time of License Renewal, What Key Points Must Be Noticed in the 'Electronic Cigarette Export Guidelines'?" They believe that electronic cigarette companies that have been reported before the effectiveness of the "Export Guidelines" (before July 20, 2023) also need to report to the relevant authorities. For the sake of rigor, the Zheng Mingwei lawyer team has sought a response from the relevant authorities on this issue.<\/p>

Content of the inquiry:<\/p>

"The 'Guidelines for Promoting the Construction of Quality Assurance System for Export Electronic Cigarette Products' effective on July 20, 2023, stipulates that if electronic cigarette products are reported for quality and safety issues by international organizations or foreign government agencies, companies must immediately report to the relevant local authorities. Does this mean that reports of quality safety issues that occurred before July 20, 2023, also need to be reported to the relevant authorities?"<\/p>

Response from the relevant authorities:<\/p>

"It is recommended to report to the relevant local authorities as soon as possible."<\/p>

According to the response from the relevant authorities, regardless of whether the report occurred before or after July 20, 2023, it must be reported to the relevant local authorities as soon as possible. Especially for electronic cigarette companies that have received warning letters or been placed on the import alert red list by the U.S. FDA (U.S. Food and Drug Administration) due to issues such as adulteration or labeling errors, it is recommended to report the reported situation to the relevant local authorities immediately to avoid negative impacts on the renewal of the electronic cigarette company's license.<\/p>

The response received by the Zheng Mingwei lawyer team is undoubtedly extremely important news for related companies and the entire industry. The fact that previous overseas reports are not "past offenses" but may very well be included in the assessment of related companies. This also means that related companies can no longer ignore previous reports; it is best to organize and prepare relevant materials for proactive explanation to avoid affecting relevant qualifications.<\/p>

Other electronic cigarette-related articles recommended by Zhongyin Law Firm:<\/p>

At the time of license renewal, what key points must be noticed in the 'Electronic Cigarette Export Guidelines'?<\/p>

How should Chinese electronic cigarette companies respond to lawsuits for illegal sales by U.S. distributors?<\/p>

Three questions for the FDA regarding "Electronic Cigarette Warning Letters": Why are they issued? To whom are they issued? How to respond?<\/p>

Guidelines for U.S. FDA import alerts and removal applications for electronic cigarette companies (Part 1)<\/p>

Guidelines for U.S. FDA import alerts and removal applications for electronic cigarette companies (Part 2)<\/p>