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.
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.
Sub-national jurisdictions have the authority to implement local smoke free policies. Numerous cities have passed laws regulating the use of e-cigarettes in indoor public places, indoor workplaces, and on public transport.
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.
The law does not address point of sale product display of e-cigarettes; therefore, point of sale product display is allowed.
The law does not specifically address health claims in e-cigarette advertising; therefore, health claims in e-cigarette advertising are interpreted as allowed.
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.
The law bans the sale of flavored e-cigarettes, other than tobacco flavor. The ban on flavored e-cigarettes does not apply to e-cigarettes manufactured for export.
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.
Beginning in October 2022, the law will prohibit substances that are 1) carcinogenic, mutagenic, reproductively toxic, or toxic to the respiratory system; 2) additives and stimulants related to energy and vitality; 3) substances that may give consumers a misconception of health benefits or harm reduction; and 4) substances that are used for dyeing purposes only. Further, additives used must not increase the health risks under normal or reasonably foreseeable conditions of use, be technically essential, be minimized after the expected result is achieved, should not be used to flavor the product to be attractive to minors, or be used to cover up the product’s spoilage or other quality defects. Additives permitted for use in e-cigarettes are set out in Annex A of the National Standard for E-cigarettes. Non-nicotine e-cigarettes and synthetic nicotine e-cigarettes are also prohibited beginning in October 2022.
These rules will not apply to e-cigarettes manufactured for export.
The law requires text-only health warnings to occupy no less than 35% of the lower part of the front and back of e-cigarette packaging, which should be rotated. In total, three messages are approved - one for the front, and two for the back. The two messages for the back can be displayed alternatively. The three groups of health warnings include, "Notes of the company" in conjunction with the following messages:
Group 1: Smoking e-cigarettes is harmful to health. Please do not smoke e-cigarettes in places where smoking is prohibited.
Group 2: Quitting e-cigarettes as soon as possible is good for health. Quitting e-cigarettes can reduce the health hazards.
Group 3: Dissuade the minors from smoking e-cigarettes and prohibit primary and secondary school students from smoking e-cigarettes.
The warnings should be rotated annually. These rules do not apply to e-cigarettes manufactured for export.
Misleading terms such as "health and fitness," "efficacy," "safety," "environmental protection," "low harm," "harm reduction," "smoking cessation," "replacement," "high quality," "performance enhancement," "satisfaction and joy," "no harm to the body” and "light, super light, soft, low tar, no tar, low nicotine" as well as flavor-related terms are prohibited. Further, the law requires markings on e-cigarette packaging in compliance with the National Standards for E-cigarettes, which comes into force in October 2022 and will require nicotine content and other ingredients to be displayed on packaging, among other labeling requirements. These rules will not apply to e-cigarettes manufactured for export.
There is no national law addressing nicotine concentration levels in e-cigarettes in force; therefore, there is no prescribed maximum nicotine concentration.
Beginning in October 2022, the law will require the nicotine concentration in e-liquids to be less than 20 mg/ml and the total amount of nicotine to be no more than 200 mg.
The law prohibits the sale of e-cigarette products that allow users to add their own e-liquid to a device. The National Standard for E-cigarettes, in effect in October 2022, also sets out certain device requirements.
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.
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.
The law prohibits e-cigarette sales via vending machines.