LANGUAGE
Last updated: September 23rd 2021

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

There is currently no specific law or regulation on e-cigarettes in China. However, at the national level, the Law on the Protection of Minors (recent amendments took effect on June 1, 2021) explicitly prohibits the sale of e-cigarettes to minors (defined as anyone under 18 years old).


Main policies

Use in indoor public places, workplaces, and public transport

Some Restrictions
Analysis

The Law on the Protection of Minors provides that smoking is prohibited in schools, kindergartens, and other public venues where minors gather. The use of the phrase "including e-cigarettes, as below" in Art. 17(4) indicates that the rest of the provisions in the Law on the Protection of Minors addressing tobacco products also include e-cigarettes. Thus, the ban on smoking in schools, kindergartens, and other public venues where minors gather in Art. 59 also includes the use of e-cigarettes in these locations.

At least one city has passed a law regulating the use of e-cigarettes in indoor public places, indoor workplaces, and on public transport.

Law Source, Section

Advertising, promotion and sponsorship

Some Restrictions
Analysis

Circular No. 1 of 2019 prohibits the online advertising of e-cigarettes. Enforcement authorities are implementing this notice.

Point of sale product display

Allowed
Analysis

There is no law addressing point of sale product display of e-cigarettes; therefore, point of sale product display is allowed.

Health claims in advertising (modified risk claims)

Allowed
Analysis

There is no national law addressing health claims in e-cigarette advertising; therefore, health claims in e-cigarette advertising are allowed.

Sale of e-cigarettes via the internet

Banned
Analysis

Circular No. 1 of 2019 prohibits the online sale of e-cigarettes. Enforcement authorities are implementing this notice.

Flavors

Allowed
Analysis

There is no national law addressing flavors in e-cigarettes; therefore, the use of flavors in e-cigarettes is allowed.

Specified ingredients/additives

Allowed
Analysis

There is no law addressing ingredients or additives in e-cigarettes; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

Health warnings on product packaging

Not Required
Analysis

There is no national law addressing health warnings on e-cigarette product packaging; therefore, health warnings on e-cigarette packaging are not required.

Other product packaging and labeling requirements

Not Required
Analysis

There is no national law addressing other product packaging and labeling requirements for e-cigarettes; therefore, there are no other product packaging and labeling requirements.

Maximum nicotine concentration

Not Required
Analysis

There is no national law addressing nicotine concentration levels in e-cigarettes; therefore, there is no prescribed maximum nicotine concentration.

Device requirements

Not Required
Analysis

There is no law addressing device requirements for e-cigarettes.

Manufacturer/importer disclosures and/or notification requirements

Not Required
Analysis

There is no law addressing manufacturer/importer disclosure and/or notification requirements; therefore, no manufacturer/importer disclosure and/or notification is required.

Sales near schools and kindergartens

Banned
Analysis

The Law on the Protection of Minors prohibits the sale of tobacco products "around schools and kindergartens." The use of the phrase "including e-cigarettes, as below" in Art. 17(4) indicates that the rest of the provisions in the Law on the Protection of Minors addressing tobacco products also include e-cigarettes. Thus, the ban on sales around schools and kindergartens in Art. 59 also includes the sale of e-cigarettes.

Law Source, Section