Recently, the website of the Ministry of Industry and Information Technology released the Decision on Amending the Regulations on the Implementation of People's Republic of China (PRC) Tobacco Monopoly Law (Draft for Comment) (hereinafter referred to as the Draft for Comment), proposing that new tobacco products such as electronic cigarettes should be implemented in accordance with the relevant regulations on cigarettes.

First, promote the legalization of e-cigarettes, clarify the legal basis for the supervision of new tobacco products such as e-cigarettes, and do a good job in the connection with the People's Republic of China (PRC) Law on the Protection of Minors and other laws and regulations.

Second, in view of the homogeneity between new tobacco products such as e-cigarettes and traditional cigarettes in terms of core components, product functions and consumption patterns, new tobacco products such as e-cigarettes should be implemented with reference to the relevant provisions on cigarettes in the implementation regulations. This is also consistent with the supervision methods of new tobacco products such as e-cigarettes in major countries and regions in the world.

Third, the implementation of new tobacco products such as e-cigarettes with reference to the relevant provisions on cigarettes in the implementation regulations will greatly improve the supervision efficiency of e-cigarettes, effectively standardize the production and business activities of e-cigarettes, solve the problems of product quality and safety risks and false advertisements in e-cigarettes, and effectively protect the legitimate rights and interests of consumers.

Test simulation

Recently, the website of the Ministry of Industry and Information Technology issued a decision to amend the Regulations on the Implementation of the Tobacco Monopoly Law, and e-cigarettes will also be implemented under the supervision of cigarettes. What do you think about this? What do you think of the specific implementation suggestions?

Focus on the point of view

@ Beijing News: Objectively speaking, in order to promote the standardized development of the e-cigarette industry and safeguard public health, necessary supervision is indeed indispensable. However, it must also be reminded that while e-cigarettes are brought into the legal supervision track, we should also try to avoid a fully competitive industry returning to the planned economy? Old road? .

@ Network: Due to the implementation of tobacco sales in China? Planned economy? That is, licensed enterprises produce cigarettes according to quotas. After e-cigarettes are regulated, private enterprises whose main business is selling e-cigarettes may face reshuffle. Experts believe that after the tobacco monopoly supervision, the planned economy? Whether the ration of e-cigarettes can meet the needs of the market and consumers, and how the market structure and development prospects of e-cigarettes as a new industry will be affected need to be carefully considered.

@ China Court Network: In recent years, there are endless calls for legislation to regulate e-cigarettes. Nowadays, the relevant departments have decisively brought e-cigarettes into the supervision of traditional cigarettes. Is it not enough to supervise e-cigarettes according to law? Pain point? Respond effectively. This is of great significance to end the proliferation of e-cigarettes.

In essence, electronic cigarettes are no different from traditional cigarettes. Studies have shown that the smoke produced by e-cigarettes contains a variety of toxic and harmful substances, and the harm to health has not decreased compared with traditional cigarettes. At the same time, electronic cigarette appliances also have potential safety hazards such as battery explosion, smoke liquid penetration, and high temperature burns. It is more likely to cause harm to smokers. In the realistic context of e-cigarettes endangering human health, it is undoubtedly necessary to strengthen supervision through legislation.

Reference analysis

First, summarize the positive views expressed by the subject.

E-cigarettes will also be implemented in accordance with the supervision of cigarettes. First of all, the legalization of e-cigarettes can be effectively regulated, and compliance procedures and guidelines can be strictly formulated from factory to sales. In addition, the quality problem of e-cigarettes can be solved, the legitimate rights and interests of consumers can be guaranteed, and it is also important to prevent e-cigarettes from flowing into underage groups reasonably. The exposure draft released this time equates e-cigarettes with traditional cigarettes for supervision. The greatest significance is that e-cigarettes have returned to the attribute orientation of tobacco products, which is helpful to curb the proliferation of e-cigarettes in the market from the source.

Second, control the proliferation of e-cigarettes.

(1) Although the harm of e-cigarettes is self-evident, it has become a profit-making tool in the hands of some merchants, who promote it from e-commerce platforms and roadside stores. Covering up the drawbacks of e-cigarettes, but vigorously boasting the unwarranted functions, seriously misleading others.

(2) The positioning of e-cigarettes is not clear. At present, the supervision of tobacco refers to the types of cigarettes, and the supervision of e-cigarettes cannot be effectively promoted, so it is difficult to effectively implement the supervision of e-cigarettes.

(3) Another point of the proliferation of e-cigarettes is that the loopholes in the law enforcement rules of relevant departments have been exploited, and there is also the problem that law enforcement personnel are negligent in supervision.

Third, rationalization proposals and measures

At present, the regulation of e-cigarettes as tobacco products through legislation is conducive to preventing the harm of e-cigarettes and avoiding the spread of e-cigarettes in the hands of minors. In the aspect of legislation and implementation of e-cigarette supervision, first, it is suggested to formulate laws and regulations to regulate manufacturers to leave the factory and cut off the output of inferior products from the source. Second, the development of the industry is bound to have its significance, so the e-cigarette industry should not be supervised and supervised at the same time. One size fits all? It is suggested that corresponding associations should be organized to reasonably explore the benign way out of the e-cigarette industry in the future. The third is to intensify the crackdown on false advertisements of e-cigarettes, strictly regulate the false information propaganda of e-cigarettes in the market, ensure the safety of consumers and prevent the occurrence of flooding.