Is the herbal atomizer in hot sale an electronic cigarette？
Investigation motive
Recently, Ms. Li from Chengdu, Sichuan told this reporter that her son from her senior high school was smoking a product similar to an electronic cigarette recently: an orange cuboid, which is a little narrower and thinner than a disposable lighter, but longer, smaller and more portable.
Ms. Li searched online, and the product looks very similar to e-cigarettes. However, the child told her that "this is a herbal medicine atomizer, not an electronic cigarette", which contains no nicotine (nicotine) and has the effect of promoting sleep.
"I also looked at the introduction of the product later, saying that it does not contain nicotine. But I still can’t rest assured that this atomizer will have a bad effect on children’s health. But I can’t convince the children not to smoke. " Ms. Li said with considerable concern.
Does this atomizer belong to e-cigarette? Will smoking endanger physical and mental health, especially the physical and mental health of minors? How to standardize the business and sales behavior of such products? With these questions, the reporter conducted an investigation and interview.
● At present, a kind of electronic cigarette, with various tastes, claims to be nicotine-free, which helps to promote sleep and even help to quit smoking after smoking. Materia Medica and traditional Chinese medicine atomizers for treating sore throat and chronic pharyngitis are selling well online and offline, and some minors buy them, which worries parents.
● Atomizer is an important component of e-cigarette, but it is not dedicated to e-cigarette. To judge whether an electronic atomizer product is an e-cigarette, we need to make a comprehensive judgment based on the product name, efficacy claim, degree of inducement and misleading to consumers, possible harm to human body, impact and destruction to tobacco monopoly system and other factors.
● If the related atomizer products are characterized as e-cigarettes, they should be included in China’s e-cigarette supervision system. E-cigarettes are still a new thing 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 to enhance the governance ability and level of e-cigarettes.
□ Our reporter Han Dandong
"Whether it is an e-cigarette or not, its shape is similar to that of an e-cigarette. It feels like smoking an e-cigarette. As parents, we resolutely oppose children smoking, but the children say that this is a healthy product, and many students around it are using it. It is definitely no problem." Ms. Li from Chengdu, Sichuan recently told the reporter of the Rule of Law Daily with great anxiety.
This product mentioned by Ms. Li is called "×× Herbal Chinese Medicine Atomizer". His son bought this product on a small program, which came from a classmate’s sharing link. The link introduced the product like this: It is difficult to fall asleep, but it is more difficult to sleep well; Easy to wake up easily and often absent-minded; Take a deep breath, take a deep breath again, and have a good dream every night. Instructions for use: put the suction nozzle in the mouth to inhale; The best inhalation method is continuous inhalation for 2 to 3 seconds and staying for about 5 seconds … …
"I don’t know if the child has a good dream after smoking. Anyway, I can’t sleep well." Ms. Li said.
Online and offline sales are hot.
There are minors to buy.
Click to enter the small program forwarded by Ms. Li. The reporter saw that on the product display page, the merchants divided the atomizers they sold into five categories, namely: exhausted (ginseng, spearmint), throat like a fresh wind (licorice, Siraitia grosvenorii), comfortable and transparent nose (citronella, sweet orange), drinking by me (dandelion, grapes) and sleeping well is not a problem (Zizyphus jujuba seed, Fructus Momordicae)
In each category, there are different flavors to choose from, such as old popsicle, watermelon, mung bean, mint and special drink. Prices range from 66 yuan to 96 yuan.
As can be seen from the picture display, the shapes of each type of products are slightly different, and the colors of products are also different according to tastes, but the overall appearance is similar to many e-cigarettes sold in the market.
The reporter immediately spent 66 yuan to place an order for an orange-flavored atomizer. After filling in the address and paying, the order was successful, and there was no age limit and other tips. After arrival, I opened the package and saw that the product was more slender than the disposable lighter. After trying to smoke, I found that the amount of smoke is relatively large, the orange flavor is very strong, and the taste is not much different from the fruity e-cigarette that the reporter bought before. However, the merchant promises that the product does not contain nicotine or tar.
It’s not just a small program. The reporter learned that at present, many bloggers have released promotional videos or evaluation videos of such products on social platforms. Bloggers refer to these herbal atomizers and traditional Chinese medicine atomizers as "Chinese herbal medicine fads" or "respiratory health products". The slogans generally use "0 tar, 0 nicotine and 0 harm", and some even claim that they can help to quit smoking and treat sore throat, cold and cough, chronic pharyngitis and expectoration.
"Easy to carry, not an e-cigarette, legal and legal, fruity!" Some bloggers said. Judging from the sales records displayed in the link, the sales of this kind of products are hot at present. Below many videos, there are netizens posting messages similar to "seeking to buy links".
In the product promotion video, the reporter saw that offline stores are also in full swing. "Some offline stores are opened in the bustling business district, with a large flow of people and high sales volume, which is higher than that of some brands of e-cigarettes. Many buyers are old customers of our e-cigarettes." An industry insider engaged in e-cigarette sales told reporters that he also noticed the hot sale of such atomizers and even began to worry about his business.
It is worth noting that a herbal atomizer merchant claims that it has the qualification of producing medical devices in investment promotion and publicity sales. According to the product, the reporter searched its production enterprise and saw that it did have a certain medical device qualification, but it was not aimed at the production of atomizer.
Is it an electronic cigarette?
Need comprehensive judgment and qualitative analysis
Recently, the relevant departments have continued to intensify the rectification of some illegal electronic cigarettes such as "milk tea cups" and "coke cans". Are the atomizers such as herbal medicines and traditional Chinese medicines, which are quietly popular and claimed by merchants to be free of nicotine, electronic cigarettes or even illegal electronic cigarettes?
According to Jiang Xiaoxian, director of the Research Center for Tobacco Law and Economic Policy of Xiamen University, "atomizer" is an important component of e-cigarettes, but it is not dedicated to e-cigarettes. In reality, air humidifiers and medical atomizers are all application types of atomizers.
"In China, judging whether an electronic atomizer product is an electronic cigarette needs to be combined with ‘ Product name ’ ‘ Efficacy claim ’ ‘ The degree of inducement and misleading to consumers ’ ‘ Possible harm to human body ’ ‘ Impact and destruction on tobacco monopoly system ’ Factors such as comprehensive judgment cannot be generalized. " Jiang Xiaoxian said.
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 be addictive or even have the effect of "assisting smoking cessation", which will mislead and induce consumers, especially minors; Although the product does not contain nicotine, the ingredients are still harmful to human health; Allowing the product to be traded in 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 tobacco control work.
He further analyzed that according to the mandatory national standard for e-cigarettes, e-cigarettes are defined as "electronic transmission systems used to generate aerosols for people to smoke". This definition conforms to the definition of "electronic nicotine delivery system" by the World Health Organization. According to this definition, an electronic cigarette without nicotine is also an electronic cigarette.
"In fact, many countries in the world have included electronic atomizers that do not contain nicotine in the supervision of e-cigarettes, such as Italy, Austria and the Czech Republic." Jiang Xiaoxian said.
Tang Wen, a lawyer of Guangdong Zhuojian Law Firm, said that according to the Measures for the Administration of Electronic Cigarettes, electronic cigarette smoking set refers to a device for people to suck, suck, chew or sniff cigarette liquid through atomization, etc., and combined with the mandatory national standards for electronic cigarettes, it can be concluded that the atomizer device that does not contain nicotine but can atomize aerosol for smoking belongs to electronic cigarettes.
Jiang Xiaoxian believes that in practice, the tobacco monopoly administration can entrust scientific research institutions to conduct scientific analysis on the harmfulness of aerosols; Entrust a third party to conduct a social survey and objectively evaluate the misleading and inducing nature of the products; Hold a hearing to listen to the reasonable demands of relevant groups (especially minors and their parents), and make a good qualitative analysis of specific electronic atomizer products.
"If a specific electronic atomizer product is obviously different from an electronic cigarette product in appearance, the efficacy claim of the product will not mislead and induce consumers. Most importantly, its ingredients are harmless to the human body (for example, it is completely moisture), so it should not be characterized as an electronic cigarette." Jiang Xiaoxian said.
Save some security risks.
Need to strengthen monitoring and supervision
Tang Wen believes that the above-mentioned multi-flavored herbal medicines and traditional Chinese medicine atomizers are e-cigarettes, which should be included in the supervision scope of the Measures for the Administration of E-cigarettes, and standardize production and sales, that is, manufacturers need to obtain corresponding qualifications, and sellers must obtain tobacco monopoly licenses, and they are not allowed to sell on information network platforms other than the prescribed e-cigarette trading management platform.
"It should be noted that the mandatory national standard for e-cigarettes clearly stipulates that e-cigarettes are limited to tobacco flavors, and other flavors such as mint, milk tea and Chinese medicine are prohibited. Atomizers with various atomized flavors are illegal e-cigarettes and should be banned from selling." Tang Wen said.
In Jiang Xiaoxian’s view, if the related atomizer products are characterized as e-cigarettes, they should be included in China’s e-cigarette supervision system, and the related products must meet the mandatory national standards for e-cigarettes. For example, it is not allowed to "sell flavored e-cigarettes other than tobacco flavors and e-cigarettes that can add atomized substances by themselves".
"Many atomizers on the market are similar in shape to e-cigarettes, which may attract minors who have great curiosity about tobacco, while atomizers without nicotine, fruit and Chinese medicine may make parents relax their security. If effective supervision is not carried out, it will adversely affect the physical and mental health of minors. " Tang Wen said that this kind of atomizer is obviously suspected of scratching the ball, in order to escape the state’s supervision of e-cigarettes, and abuse will lead to great security risks.
Tang Wen bluntly said that atomizers can atomize aerosol and enter the human body through breathing, which is directly related to the health of the people. At present, there are many kinds of products in the atomizer market, and even many products with health food gimmicks appear. There should be clear regulatory constraints and guidance.
"Supervision should be carried out in accordance with the Measures for the Administration of E-cigarettes, the mandatory national standards for e-cigarettes, the Provisions on the Warning Signs of E-cigarettes and the Notice of the State Tobacco Monopoly Bureau on Strengthening the Supervision of E-cigarettes. Specifically, it includes strict supervision of the qualification license of atomizer manufacturers and the sales behavior of atomizers and atomized substances, giving correct and clear guidance to the e-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 implementing regulations, based on the Administrative Measures for E-cigarettes and the mandatory national standards for e-cigarettes, and supported by a number of policy documents, e-cigarettes are still a new thing in general, and there will be many new situations, problems and challenges in practice, and relevant departments need to constantly study and improve them according to the development of practice.
"The Law on the Protection of Minors is an important legal basis for the supervision of e-cigarettes in China. It stipulates that parents or other guardians of minors shall not commit the following acts: laissez-faire, instigating minors to smoke (including e-cigarettes, the same below), drinking, gambling, vagrancy and begging or bullying others." Jiang Xiaoxian said that tobacco monopoly, market supervision and other relevant departments should fully tap the normative intent of this regulation, 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 e-cigarettes, continuously enhance the governance capacity and level of e-cigarettes, better protect people’s physical and mental health, and safeguard the national tobacco monopoly system."