LANGUAGE
Last updated: May 2nd 2022

Main Policies

Sale of e-cigarettes

Sale of e-cigarettes

Allowed
Analysis

The law allows for the sale of e-cigarettes subject to several restrictions including a minimum sales age; a ban on the sale of flavored e-cigarettes, other than tobacco flavor; a ban on sales near certain education facilities; and a ban on sales through vending machines and the internet.

Law Source, Section

Main policies

Sales of e-cigarettes via vending machines

Banned
Analysis

The law prohibits e-cigarette sales via vending machines.

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 (excluding point of sale product display)

Some Restrictions
Analysis

The relevant tobacco advertising laws are applied to e-cigarettes, which prohibit tobacco advertising in mass media, public places, means of public transport, and outdoors. Exhibitions, forums and expos promoting e-cigarettes are also specifically prohibited. In addition, 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

The law does not address 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

The law does not specifically address health claims in e-cigarette advertising; therefore, health claims in e-cigarette advertising are interpreted as allowed.


Sale of e-cigarettes via the internet

Banned
Analysis

The law prohibits the sale of e-cigarettes on information networks other than through a national e-cigarette transaction management platform used by manufacturers, importers, wholesalers, and licensed retailers, which is managed by the State Council’s tobacco monopoly authority.

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

Flavors

Banned
Analysis

The law bans the sale of flavored e-cigarettes, other than tobacco flavor.

Specified ingredients/additives

Allowed
Analysis

There is no law addressing specified ingredients or additives (aside from flavors) in e-cigarettes in force; therefore, there are no restrictions on the use of ingredients or additives in e-cigarettes.

Health warnings on product packaging

Required
Analysis

The law requires e-cigarettes to display markings and health warnings on packaging. It is uncertain whether health warnings are required on e-liquids. However, no specific requirements have been issued by the State Council’s tobacco monopoly authority to date.

Other product packaging and labeling requirements

Required
Analysis

The law requires e-cigarettes to display markings, but no specific requirements have been issued by the State Council’s tobacco monopoly authority to date. Imported e-cigarettes and e-cigarettes manufactured exclusively for export also require markings on the packaging. These packaging and labeling requirements have not been issued by the State Council’s tobacco monopoly authority to date.

Law Source, Section

Maximum nicotine concentration

Not Required
Analysis

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

Device requirements

Required
Analysis

The law allows the sale of ‘closed’ e-cigarettes only. Specifically, the law prohibits the sale of e-cigarette products that allow users to add their own e-liquid to a device.

Manufacturer/importer disclosures and/or notification requirements

Required
Analysis

The State Council’s tobacco monopoly authority has the authority for the national supervision and management of e-cigarettes, which includes the technical review of products as well as licensing of manufacturers, wholesalers, importers and sellers. Further, the establishment of any e-cigarette manufacturers, nicotine producers or e-liquid producers are subject to the State Council’s tobacco monopoly authority examination and approval prior to entering the market.

Law Source, Section

Sales near schools

Banned
Analysis

The law prohibits e-cigarette sales near certain education facilities, including elementary and secondary schools, special educational schools, secondary vocational schools, specialized schools and kindergartens.