Many flavors claim to contain no nicotine. For example, electronic cigarettes are purchased by minors
Is the popular herbal atomizer an electronic cigarette?
Investigation motivation
Recently, Ms. Li from Chengdu, Sichuan reported to our reporter that her son, who was in high school, was smoking a product similar to an electronic cigarette recently: a small orange cuboid shape, a little thinner than a disposable lighter, but longer, small and portable.
Ms. Li searched the Internet and found that this product is very similar to the appearance of electronic cigarettes. But the child told her that "this is a herbal medicine atomizer, not an electronic cigarette". It does not contain nicotine (nicotine), and smoking it can promote sleep.
"I later checked the introduction of the product and said that it does not contain nicotine. But I am still worried that this atomizer will cause adverse effects on the child's body. But I can not persuade the child not to smoke." Ms. Li said with great concern.
Does this atomizer belong to electronic cigarette? Will smoking harm the physical and mental health, especially the physical and mental health of minors? How to regulate the operation and sales of such products? With these questions in mind, the reporter conducted an investigation and interview.
● At present, a kind of herbal medicine and traditional Chinese medicine atomizers, which look like electronic cigarettes and have various flavors, claim to be nicotine free, help promote sleep and even help quit smoking after smoking, and are popular online and offline to treat throat pain and chronic pharyngitis. Parents are worried about minors who buy cigarettes
● The atomizer is an important component of electronic cigarette, but it is not dedicated to electronic cigarette. To judge whether an electronic atomizer product is an electronic cigarette, we need to make a comprehensive judgment based on the product name, efficacy claims, the degree of induction and misleading to consumers, the possible harm to human body, the impact and destruction of tobacco monopoly system and other factors
● If relevant atomizer products are identified as electronic cigarettes, they should be included in China's electronic cigarette regulatory system. E-cigarettes are still emerging in general, and there will be many new situations, new problems and new challenges in practice. Relevant departments need to constantly study and improve according to the development of practice, and enhance the governance capacity and level of e-cigarettes
□ Our reporter Han Dandong
"Whether it is an electronic cigarette or not, its appearance is similar to that of an electronic cigarette, and it feels like smoking an electronic cigarette. As parents, we firmly oppose children's smoking, but children say that it is a healthy product, and many students around it are using it, so it must be no problem." Ms. Li from Chengdu, Sichuan, said to the reporter of the Rule of Law Daily in a worried manner recently.
Ms. Li said that this product is called "×× herbal medicine atomizer". His son bought this product on a small program. A shared link from a classmate introduced the product like this: it's hard to fall asleep, and it's even harder to sleep well; Easily startled, easily awakened, and often absent; Deep suction, deep suction, every night with good dreams. The instructions for use say: put the nozzle into the mouth to inhale; The best way to inhale is to inhale continuously for 2 to 3 seconds and stay for about 5 seconds
"I don't know if the child has a good dream after smoking, but I can't sleep well anyway," Ms. Li said.
Online and offline hot sales
Purchased by minors
Click to enter the small program forwarded by Ms. Li. The reporter saw that on the product display page, the merchants divided the atomizers sold into five categories, namely: exhaustion swept away (ginseng, spearmint), throat like fresh wind (liquorice, siraitia grosvenorifolia), nose feeling comfortable and transparent (lemongrass, sweet orange), drinking freely under my care (dandelion, grape), and sleeping well (jujube kernel, rose).
In each category, there are different flavors to choose from, such as old popsicle, watermelon, green beans, mint, and specialty drinks. The price ranges from 66 yuan to 96 yuan.
From the picture display, we can see that each type of product has slightly different shapes, and different colors according to different tastes, but the overall appearance is similar to many electronic cigarettes sold in the market.
The reporter then spent 66 yuan to place an order for an orange flavored atomizer. After filling in the address, the order was successfully placed. There was no age limit and other tips. When I opened the package after arrival, I found that the product was longer than the disposable lighter. After trying to smoke, it was found that the amount of smoke was relatively large, with a strong orange flavor, and the taste was not much different from the fruit flavored electronic cigarettes bought by the reporter before. However, the merchant promises that the product does not contain nicotine and tar.
Not only small programs, the reporter learned that many bloggers have released promotional videos or evaluation videos of such products on social platforms at present. The bloggers call these herbal nebulizers and traditional Chinese medicine nebulizers "Chinese medicine fun" or "breathing health care products". The slogan is generally "0 tar, 0 nicotine, 0 harm", etc. Some also claim that they can help quit smoking, treat throat pain, cold and cough, chronic pharyngitis, expectoration, etc.
"Easy to carry, not electronic cigarettes, legal compliance, fruit flavor!" said a blogger. Judging from the sales record displayed by the link, this type of product is currently selling well. Below many videos, netizens have posted messages like "Buy Link".
In the product promotion video, the reporter saw that offline stores are also opening in full swing. "Some offline stores open in busy business circles, with a large flow of people and a high sales volume, which is higher than the sales of some brands of electronic cigarettes. Many of the buyers are our regular customers of electronic cigarettes." An insider engaged in electronic cigarette sales told reporters that he also noticed the hot sales of such atomizers, and even began to worry about his business.
It is worth noting that in the process of investment promotion and promotion, a certain herb atomizer manufacturer claimed that it had the qualification of medical equipment for producing atomizers. According to the product, the reporter searched its manufacturer and found that it did have a medical device qualification, but not for the production of atomizers.
Whether it belongs to electronic cigarette
Qualitative judgment is required
Recently, relevant departments have continued to increase the regulation of illegal electronic cigarettes such as "milk tea cups" and "coke cans". And whether the herbal medicine, traditional Chinese medicine and other atomizers, which are quietly popular and which businesses claim do not contain nicotine (nicotine), belong to electronic cigarettes or even illegal electronic cigarettes?
According to Jiang Xiaoxian, director of the Tobacco Law and Economic Policy Research Center of Xiamen University, the "atomizer" is an important component of electronic cigarettes, but it is not dedicated to electronic cigarettes. In reality, air humidifier and medical atomizer are all the application types of atomizer.
"In China, to judge whether an electronic atomizer product is an electronic cigarette, we need to make a comprehensive judgment based on such factors as' product name ',' efficacy claim ',' degree of induction and misleading to consumers', 'possible harm to human body', and 'impact and destruction of tobacco monopoly system', which cannot be generalized," said Jiang Xiaoxian.
That is to say, if the atomizer product meets one or more of the following conditions, it may be characterized as an electronic cigarette: the product is very similar to the electronic cigarette in shape, or claims that it will not become addicted or even has "auxiliary smoking cessation effect", misleading and inducing consumers, especially minors; Although the product does not contain nicotine, its ingredients are still harmful to human health; Letting the product trade on the market will cause serious damage to the tobacco monopoly system, infringe on the national tax interests, and hinder the orderly implementation of the national contract enforcement and tobacco control work.
He further analyzed that, according to the mandatory national standards for electronic cigarettes, electronic cigarettes are defined as "electronic transmission systems used to produce aerosols for people to smoke". This definition is in line with the World Health Organization's definition of "electronic nicotine delivery system". According to this definition, nicotine free electronic cigarettes are also electronic cigarettes.
"In fact, many countries in the world have incorporated nicotine free electronic atomizers into the regulation of electronic cigarettes, such as Italy, Austria, the Czech Republic, etc." Jiang Xiaoxian said.
Tang Wen, a lawyer from Guangdong Zhuojian Law Firm, said that according to the Measures for the Administration of Electronic Cigarettes, electronic cigarette sets refer to devices that provide liquid smoke for people to smoke, suck, chew or sniff by means of atomization. In combination with the mandatory national standards for electronic cigarettes, it can be recognized that the atomizer devices that do not contain nicotine but can atomize aerosols for smoking belong to electronic cigarettes.
Jiang Xiaoxian believed that, in practice, tobacco monopoly management departments could entrust scientific research institutions to conduct scientific analysis on the harmfulness of aerosols; Entrust a third party to carry out social investigation and objectively evaluate the misleading and inducing nature of the product; Hold hearings, listen to the reasonable appeals of relevant groups (especially minors and their parents), and do a good job in determining the nature of specific electronic atomizer products.
"If a specific electronic atomizer product is obviously different from an electronic cigarette product in appearance, and the efficacy claims of the product will not mislead and induce consumers, the most important thing is that its ingredients are harmless to human body (such as water), then it should not be characterized as an electronic cigarette." Jiang Xiaoxian said.
There are certain potential safety hazards
Need to strengthen monitoring and supervision
Tang Wen believes that the above-mentioned herbal medicine and traditional Chinese medicine atomizers with multiple flavors are electronic cigarettes, which should be included in the regulatory scope of the Measures for the Administration of Electronic Cigarettes to standardize production and sales, that is, manufacturers need to obtain corresponding qualifications, distributors need to obtain tobacco monopoly licenses, and cannot be sold on information network platforms other than the specified electronic cigarette trading management platform.
"It should be noted that the mandatory national standards for electronic cigarettes clearly stipulate that electronic cigarettes are limited to tobacco flavors, and other flavors such as mint, milk tea, and traditional Chinese medicine are all prohibited flavors. Atomizers with various flavors of aerosols are illegal electronic cigarettes and should be banned from sale," Tang said.
In Jiang Xiaoxian's opinion, if the relevant atomizer products are identified as electronic cigarettes, they should be included in China's electronic cigarette regulatory system, and the relevant products must meet the mandatory national standards for electronic cigarettes. For example, it is not allowed to "sell flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can add aerosols themselves".
"Many atomizers on the market are similar in appearance to electronic cigarettes, which may attract a group of minors who are more curious about tobacco. However, the atomizers without nicotine, fruit and traditional Chinese medicine taste may make parents relax their vigilance for their safety. If they are not effectively supervised, it will have a negative impact on the physical and mental health of minors." Tang Wen said, This kind of atomizer is obviously suspected of playing a marginal role in order to avoid the national supervision of electronic cigarettes, and misuse will lead to great security risks.
Tang Wen said frankly that atomizers can produce aerosols, which enter the human body through breathing, directly related to the health of the masses. At present, there are many types of products in the atomizer market, even many products with health food gimmicks, which should have clear regulatory norms and guidance.
"The supervision shall be carried out in accordance with the Measures for the Administration of Electronic Cigarettes, the mandatory national standards for electronic cigarettes, the Regulations on Warning Signs for Electronic Cigarettes, and the Notice of the State Tobacco Monopoly Administration on Matters Related to Strengthening the Supervision of Electronic Cigarettes. Specifically, it includes strict supervision on the qualification license of atomizer manufacturers and the sales behavior of atomizers and aerosols, giving correct and clear guidance to the electronic cigarette market, safeguarding consumers' right to know, and protecting consumers' legitimate rights and interests. " Tang Wen said.
Jiang Xiaoxian said that although China has established a "1+2+N" e-cigarette regulatory system based on the Tobacco Monopoly Law and its implementation regulations, based on the Measures for the Administration of Electronic Cigarettes and the mandatory national standards for electronic cigarettes, and supported by a number of policy documents, e-cigarettes are still emerging in general, and there will be many new situations, new problems and new challenges in practice, Relevant departments need to constantly study and improve according to the development of practice.
"The Law on the Protection of Minors is an important legal basis for the supervision of electronic cigarettes in China, which stipulates that parents or other guardians of minors shall not commit the following acts: indulge or instigate minors to smoke (including electronic cigarettes, the same below), drink, gamble, wander and beg or bully others." Jiang Xiaoxian said that tobacco monopoly Market supervision and other relevant departments should fully tap the normative intent of this provision, start with better safeguarding the legitimate rights and interests of minors, and strengthen the monitoring and supervision of electronic atomizers.
Jiang Xiaoxian said, "The Tobacco Monopoly Bureau should integrate all forces, create a pattern of co governance of electronic cigarettes, constantly enhance the governance ability and level of electronic cigarettes, better protect the physical and mental health of the masses, and maintain the national tobacco monopoly system." (Law Enforcement Daily)
key word: Atomizer
Publicity video
Milk tea cup
Nicotine
Administrative Measures for Electronic Cigarette
