Legal prohibition of e-cigarettes

1. Individuals, legal persons or other organizations that have not obtained a tobacco monopoly license shall not carry out e-cigarette related production and business activities, and the licensed subject shall not carry out production and business activities beyond the permitted scope.

2. No individual, legal person or other organization may sell e-cigarette products, aerosol for e-cigarettes and nicotine through information networks other than the e-cigarette trading management platform specified in the Measures for the Administration of E-cigarettes.

3. Products that do not meet the mandatory national standards for electronic cigarettes, that is, products that have not passed the technical review, shall not be sold in the domestic market. E-cigarette products sold in the market must be consistent with the product information that has passed the technical review.

4. It is forbidden to publish electronic cigarette advertisements in mass media or public places, public transport and outdoors. It is forbidden to send any form of electronic cigarette advertisement to minors. It is forbidden to publicize the name, trademark, packaging, decoration and similar contents of electronic cigarettes by using advertisements and public service advertisements of other commodities or services. The notice of relocation, renaming and recruitment issued by the producer or seller of electronic cigarettes shall not contain the name, trademark, packaging, decoration and similar contents of electronic cigarettes. It is forbidden to hold exhibitions, forums and expositions in various forms to promote electronic cigarette products.

5. E-cigarette sales outlets shall not be located around ordinary primary and secondary schools, special education schools, secondary vocational schools, specialized schools and kindergartens. E-cigarette retailers must purchase e-cigarette products from local e-cigarette wholesale enterprises, and may not exclusively engage in e-cigarette products listed and sold, and may not sell e-cigarette products to minors; The business premises shall set up warning signs, and shall not sell e-cigarette products by self-service sales or disguised sales.

6. E-cigarette products, aerosols, nicotine for e-cigarettes and the entry of e-cigarette products shall be subject to quota management, which shall not exceed the quota stipulated by the relevant competent authorities in the State Council.

The main body of e-cigarette market shall carry out production and business activities according to law:

1, 10, in 2022, starting from 1, e-cigarette market participants should obtain tobacco monopoly licenses in strict accordance with the Tobacco Monopoly Law of People's Republic of China (PRC), the Regulations for the Implementation of the Tobacco Monopoly Law of People's Republic of China (PRC), the Measures for the Administration of E-cigarettes, the Compulsory National Standard for E-cigarettes and relevant state regulations. Electronic cigarette manufacturers, aerosol manufacturers, nicotine producers, electronic cigarette wholesale enterprises and electronic cigarette retailers who have obtained tobacco monopoly licenses according to law shall conduct transactions through the electronic cigarette trading management platform. The transportation of e-cigarette products, aerosol for e-cigarettes and nicotine shall be subject to the supervision of the Tobacco Monopoly Bureau, and shall be made in accordance with relevant regulations and accompanied by logistics documents.

2. E-cigarette products sold in China shall comply with the mandatory national standards for e-cigarettes and the Provisions on the Identification of Warning Words for E-cigarettes (No.64 [2022] of State Tobacco Office). E-cigarette products that are not sold in China and are only used for export shall comply with the laws, regulations and standards of the destination country or region; Where the destination country or region does not have relevant laws, regulations and standards, it shall comply with the relevant requirements of China laws, regulations and standards to ensure the quality and safety of export products. E-cigarette-related production enterprises that have obtained the license of tobacco monopoly production enterprises, who are engaged in export business, shall conduct export filing on the e-cigarette trading management platform.

3. Tobacco monopoly bureaus at all levels should earnestly perform their supervisory duties, strengthen market supervision according to law, continuously improve government services, and continuously promote the legalization and standardization of e-cigarette governance. Accept the license applications of e-cigarette related manufacturers, wholesale enterprises and retail entities according to law, and handle them in accordance with the relevant regulations and instructions that came into effect on June 10, 2022.

Legal basis:

Measures for the administration of electronic cigarettes

Article 11 _

E-cigarette production enterprises, aerosol production enterprises and nicotine production enterprises for e-cigarettes must be approved by the tobacco monopoly administration department of the State Council to carry out capital construction or technological transformation to expand production capacity.

Article 17 _

An enterprise that has obtained a license for a tobacco monopoly wholesale enterprise shall be approved by the department of tobacco monopoly administration.

You can only engage in the wholesale business of e-cigarette products after obtaining more licenses.

Article 19 _

The tobacco monopoly administrative department of the State Council has established a national unified e-cigarette trading management platform.

Electronic cigarette manufacturers, aerosol manufacturers, nicotine producers, electronic cigarette wholesale enterprises and electronic cigarette retail business entities that have obtained tobacco monopoly licenses according to law shall conduct transactions through the electronic cigarette trading management platform.

E-cigarette products that have not passed the technical review shall not be put on the market for sale. E-cigarette products sold in the market should be consistent with the product information that has passed the technical review.