Move First or Buy a Ticket First? Testing Expert Decodes Global E-Cigarette Regulation

CEO of Element Testing Zhang Qinmin: The differentiated characteristics of e-cigarette regulatory policies in various markets.

【Two Supremes Original】The e-cigarette market has been rapidly developing globally; however, different countries have varying regulatory policies for e-cigarettes, which forces e-cigarette companies to carefully weigh the entry conditions of each country before entering the market. In this context, e-cigarette companies face an important strategic question: should they seek certification and compliance first, or quickly enter the market?  

Recently, Two Supremes interviewed Zhang Qinmin, CEO of the e-cigarette product testing agency Element Testing, to understand the differentiated characteristics of e-cigarette policies in various markets.  

Element Testing CEO Zhang Qinmin｜Image source: Element Testing  

After long-term monitoring of regulatory information and field research, Two Supremes found that not only do regulatory policies differ across countries, but there are also significant differences in enforcement methods regarding e-cigarettes.

For example, the UK employs a "sting operation" method at the retail level, periodically checking whether merchants sell large quantities of e-cigarettes or target minors. In contrast, the U.S. FDA primarily uses warning letters to caution merchants who have not obtained PMTA (Premarket Tobacco Application) approval. Additionally, regulatory agencies in the UAE frequently conduct spot checks in retail stores to ensure products comply with regulations.

Regarding these enforcement differences, Zhang Qinmin believes that the enforcement differences in e-cigarettes across various markets can be broadly categorized into two types: pre-market regulation and post-market regulation.

Zhang Qinmin explained that pre-market regulation requires products to obtain certification from qualified assessment agencies and complete all compliance procedures before entering the market. Once products pass certification and compliance, they can be sold legally in the market. For example, in the Middle East market, the initial certification is relatively strict, and the compliance entry threshold is high, but once products pass certification and compliance, market risks are virtually eliminated.

Staff conducting e-cigarette testing｜Image source: Element Testing  

Post-market regulation, on the other hand, refers to a more lenient regulatory environment before products enter the market, with relatively relaxed entry conditions. However, regulatory authorities conduct strict and frequent enforcement at the retail level. These markets have less stringent pre-market regulation, leading e-cigarette manufacturers to pay less attention to compliance certification during entry. However, when products are checked for violations, they often face severe penalties. This is the case in most European countries, such as the UK, Germany, Belgium, Italy, and Poland.

Zhang Qinmin suggests that for markets with strict post-market regulation, companies should take proactive measures to ensure their products consistently meet the latest market standards to reduce potential compliance risks.

In addition to regulatory issues, Zhang Qinmin also shared the time required for product certification in various countries. He pointed out that the product certification time varies by country. Specifically, Malaysia and the EU have the longest product certification times, requiring more than six months. In contrast, the certification time in the Middle East and South Korea is relatively short, taking about a month and a half.

Zhang Qinmin stated that since regulatory policies and certification requirements may change at any time, companies are advised to continuously monitor policy dynamics in their target markets and regularly update their compliance strategies to ensure their products meet standards in terms of compliance, quality, and safety.