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The State Tobacco Monopoly Administration released typical cases of e-cigarette administrative law enforcement

The State Tobacco Monopoly Administration released typical cases of e-cigarette administrative law enforcement

国家烟草专卖局发布电子烟行政执法典型案例

Since the beginning of this year, the tobacco monopoly administrative department has comprehensively strengthened the supervision of electronic cigarettes, severely cracked down on illegal acts involving electronic cigarettes, and released three typical illegal cases of Zhejiang Mirui, Shenzhen Bode, and Shenzhen Mii.

Since the beginning of this year, the tobacco monopoly administrative departments at all levels have resolutely implemented the decision-making and deployment of the Party Central Committee and The State Council, comprehensively strengthened the supervision of the whole chain of e-cigarettes, severely cracked down on illegal acts involving e-cigarettes, investigated and dealt with e-cigarette administrative cases according to law, and continued to purify the order environment of the e-cigarette market. In order to give full play to the warning role, the State Tobacco Monopoly Administration issued three typical cases of e-cigarette administrative law enforcement.

First, Zhejiang Miorui sales of illegal production of electronic cigarette products

From January 2024 to the crime, Zhejiang Miorui Electronic Technology Co., LTD. (e-cigarette brand holding enterprise, tobacco monopoly production enterprise license number: 7133020055, hereinafter referred to as Zhejiang Miorui) repeatedly instructed Shenzhen Langyou Biotechnology Co., LTD. (atomization production enterprise, tobacco monopoly production enterprise license number: 4144030089, hereinafter referred to as Shenzhen Langyou) in the "MR Rui - Meteor disposable electronic cigarette (Wudi)" and other domestic electronic cigarette products to add other ingredients other than the technical review of the approved formula, resulting in the relevant electronic cigarette products and through the technical review of the product information inconsistent, its behavior constitutes the sale of illegal production of electronic cigarette products. According to relevant laws and regulations, Zhejiang Miorui was ordered to stop selling related e-cigarette products, confiscated illegal income, and fined 100.1,200 yuan. Shenzhen Langyou has been dealt with separately.

Second, Shenzhen Platinum sales illegal production of electronic cigarette products, beyond the scope of the license to engage in atomization production and business

From January 2024 to the crime, Bode (Shenzhen) Technology Co., LTD. (e-cigarette brand holding enterprise, tobacco monopoly production enterprise license number: 7144030063, hereinafter referred to as Shenzhen Bode) in the "Bode Boulder- Shengshi classic bomb - Yulong Snow Mountain" and other domestic sales of electronic cigarette products to add other ingredients other than the technical review of the formula, resulting in the relevant electronic cigarette products and through the technical review of the product information inconsistent, its behavior constitutes the sale of illegal production of electronic cigarette products. Shenzhen Bode does not have the production and operation qualification of atomizers, and produced and exported atomizers from October 2022 to May 2024, which constitutes engaging in the production and operation of atomizers beyond the scope of the license. According to relevant laws and regulations, Shenzhen Platinum was ordered to stop selling related e-cigarette products, fined 3.151,400 yuan, and publicly destroyed illegally sold e-cigarette products, suspended production and business operations, rectification, and suspended for 2 months.

Third, Shenzhen Mi I sales of illegal production of electronic cigarette products

From November 2023 to February 2024, Shenzhen Mii Chuangxin Technology Co., LTD. (e-cigarette brand holding enterprise, tobacco monopoly production enterprise license number: 7144030126, hereinafter referred to as Shenzhen Mi I) knowing that its "Mi I Mevol-Go· Sangyu Twilight" and other electronic cigarette products are inconsistent with the product information that has passed the technical review, it is still listed for sale, and its behavior constitutes the sale of illegally produced electronic cigarette products. In accordance with relevant laws and regulations, Shenzhen Mi I was ordered to stop selling related e-cigarette products, fined 805,200 yuan, and publicly destroyed illegally sold e-cigarette products.


Case alert

In order to prevent minors from smoking electronic cigarettes and protect the health and safety of the people, the "Measures for the Administration of electronic cigarettes" clearly stipulates that electronic cigarette products that have not passed the technical review shall not be sold on the market. The electronic cigarette products on the market for sale shall be consistent with the product information that has passed the technical review. The relevant manufacturers of e-cigarettes involved in the case are driven by interests, violate national laws, regulations and regulatory provisions, add other ingredients other than the formula that has been reviewed by technical review to domestic e-cigarette products, produce and sell e-cigarette products whose information is inconsistent with that of the products that have passed the technical review, and endanger the physical and mental health of the people, especially minors, and disrupt the production and operation order of the e-cigarette market. It shall be investigated and punished according to law. The typical cases released this time reflect the firm determination of the tobacco monopoly administrative departments to comprehensively strengthen the supervision of electronic cigarettes in accordance with the law.

In the next step, the tobacco monopoly administrative departments at all levels will faithfully perform their e-cigarette regulatory duties and missions, increase supervision and law enforcement and investigation and handling of such cases, and further build a legal defense line to protect minors from e-cigarettes and protect the health and safety of the people. Accelerate the construction of e-cigarette product quality assurance system, compacting the main responsibility of product quality of e-cigarette related production enterprises, and supervising the establishment and improvement of quality and safety internal control management mechanism. Strengthen the rule of law education and policy publicity, guide e-cigarette business entities to abide by the law and comply with the production and operation, and continue to consolidate the legal and standardized governance of e-cigarettes.

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