Are Herbal Vaporizers Considered E-Cigarettes? Are They Legal?

With the crackdown on illegal e-cigarettes like "milk tea cups" and "cola cans," herbal vaporizers and traditional Chinese medicine vaporizers have emerged on the market, looking almost identical to e-cigarettes and claiming to be nicotine-free. Are they medicine or e-cigarettes?

Diverse flavors of herbal vaporizers

Journalists have noticed that on social media, some users are promoting herbal vaporizers, traditional Chinese medicine vaporizers, and trendy herbal products. According to these users, these products are not only tar-free, nicotine-free, and harm-free, but can also assist in treating sore throats, chronic pharyngitis, etc., and are considered "health products."

Flavor introduction of a certain brand's traditional Chinese medicine vaporizer. Screenshot

These herbal vaporizers come in a variety of flavors. For example, some vaporizer brands claim to have launched over ten flavors, including West Lake Longjing, jasmine, watermelon, and more, stating that they "smoothly enter the throat and leave a long-lasting aftertaste."

Some people believe that these can serve as substitutes for nicotine cravings while soothing the throat and lungs; however, many users argue that these are just e-cigarettes, which not only lack the aforementioned benefits but may also cause deeper harm, as flavoring is a typical characteristic of illegal e-cigarettes.

According to the Electronic Cigarette Management Law that took effect on May 1, 2022, the sale of flavored e-cigarettes other than tobacco flavor and e-cigarettes that allow the addition of vaporizing substances is prohibited.

“How did the ‘non-drug’ vaporizers get ‘fruit flavors’?”

Journalists have noticed that some herbal vaporizers also claim to be “legal and compliant,” with “fruit flavors,” even directly stating specific registration numbers.

Social media screenshot

Upon checking a registration number from a graphic on the National Medical Products Administration website, it was found that the product is an oral drug delivery device aimed at individuals who rely on such devices for medication, and it clearly states that it “does not contain drugs.”

Since it does not contain drugs and is purely a device, how is the “fruit flavor” produced?

Additionally, journalists have noticed that some herbal vaporizer brands sell both vaporizers and vaporizing liquids. The names of these vaporizing liquids include some herbal names to distinguish flavors, such as pineapple fat sea, kudzu mint, ginseng goji berry, and orange loquat. According to relevant introductions, this is developed by the research team using the concept of “food and medicine homology.”

Are herbal vaporizers considered e-cigarettes?

In this regard, journalists called 12313 to contact the Beijing Tobacco Monopoly Bureau, and the staff stated that the sale of e-cigarettes online is not allowed. However, regarding whether these traditional Chinese medicine vaporizers and herbal vaporizers belong to e-cigarettes, the staff said they would have the relevant district tobacco monopoly department respond.

On the 6th, a staff member from the relevant district returned the call, stating that in principle, all devices that can vaporize are considered e-cigarettes, fitting the definition of e-cigarettes, but it is also necessary to distinguish based on their actual use, as there are some vaporizing devices used for medical purposes in hospitals. Therefore, it is best to see the specific product to determine whether the aforementioned herbal vaporizers belong to e-cigarettes.

Recently, the Beijing Youth Daily cited an introduction from the legal research department of the Shanghai Consumer Protection Committee, stating that China’s tobacco monopoly law, electronic cigarette management measures, and other relevant laws and regulations clearly define e-cigarettes as “electronic delivery systems used to generate aerosols for inhalation,” including e-cigarettes that do not contain nicotine within the definition.

Screenshot of the national standard for e-cigarettes.

According to multiple media reports, there currently exists a certain “regulatory gap” regarding herbal vaporizers. Some reports suggest that for special products that do not contain nicotine but resemble e-cigarettes, corresponding standards and regulations should be established to better protect consumers' right to know and ensure consumer safety.