Electronic cigarette into the regulatory consensus "reference cigarette" hot discussion

The e-cigarette is about to usher in "the strictest supervision in history".

Recently, the Ministry of industry and information technology and the State Tobacco Monopoly Bureau issued the decision on Amending the regulations on the implementation of the tobacco monopoly law of the people's Republic of China (Draft for comments) (hereinafter referred to as the draft for comments), proposing that new tobacco products such as e-cigarettes should be implemented according to the relevant provisions of cigarettes, and soliciting opinions from the whole society until April 22.

One stone has aroused thousands of waves, which is the first time new tobacco products such as electronic tobacco are to be regulated according to special laws. Although it has become a consensus to strengthen the supervision of e-cigarette industry and avoid the low age of e-cigarettes, there is no conclusion on "who to manage and how to manage". After referring to cigarette management, can the negative impact of electronic cigarette on teenagers be reduced? How can the relevant departments seek a balance between regulatory and industrial innovation vitality? This series of problems has aroused heated discussion in the industry and academia.

It is a consensus to turn the trend of tobacco users' low age into Supervision

Cool shape with the magic lights, and a variety of flavors can be selected, electronic smoke has gradually become a "new favorite" of many young people. In the voice of strengthening the supervision of electronic cigarette, it has been a concern to protect minors from infringement and prevent the low age of smokers.

The reporter noted that this draft of solicitation for advice proposed that "clarify the legal basis for supervision of new tobacco products such as electronic cigarette, and do a good job in linking with the law and regulations such as the law of the people's Republic of China on the protection of minors, and play an important role in the rule of law, the fundamental, stable expectation and long-term benefits." In fact, protecting minors is also the starting point of many European and American countries' supervision policies on e-cigarettes.

"If we don't put e-cigarettes into the regulation, it will cause a delusion to the public, especially teenagers, and think that e-cigarettes are only an electronic consumer product, which is very harmful," said Zhu Wei, a researcher at the communication law center of the University of political and Legal Sciences of China

Liu Junhai, director and professor of the Institute of commercial law of Renmin University of China, also said: "the draft for advice proposes that the inclusion of e-cigarettes in the scope of supervision is to make up for the legal supervision gap of the government on e-cigarettes. The regulation of e-cigarettes helps smokers correct some of the paradoxical misconceptions of e-cigarettes in the past, especially for teenagers. "

Even some e-cigarette practitioners agree with strengthening regulation. "The consideration of the draft is scientific and will benefit the interests of the state, industry and consumers in the long run," said oujunbiao, chairman of the electronic cigarette industry committee

"In order to protect minors, some enterprises, such as yueengrave, have developed a" Xiangyang flower system "to protect minors. Only consumers who have passed the triple verification of" name + ID card + face "can complete the purchase. But most of the e-cigarettes brands can only prevent minors from buying cigarettes by the self-consciousness of the store. What's more, selling 'three none' or fake brand e-cigarettes on the Internet has been a serious harm to enterprises. Strengthening supervision can fully integrate the industry into the development track of rule of law, transparency, rationality and integrity, which is a good thing for leading enterprises. "

Three issues to be solved in the management of "reference cigarette"

"This is not the first time that the regulatory authorities have regulated e-cigarettes, but it is the first time that electronic cigarettes are clearly regulated as cigarettes.". "It is common understanding that electronic cigarettes are included in supervision and reversing the trend of low age tobacco users," Ma Liang, a researcher at the National Institute of development and Strategy Research of Renmin University of China and professor of the school of public management, said in an interview with the economic reference newspaper, "but the issue of who should supervise and how to supervise should not fall into the inertia thinking. E-cigarettes are a new business form, and it can not be adapted to the old regulatory framework. "

First of all, who will take care of it? According to Zheng Rong, Professor of the University of foreign economic and trade and director of the tobacco control and economic policy cooperation center of the World Health Organization, if the relevant provisions of the reference cigarette proposed in the draft for advice are followed, it is indicated that the electronic cigarette will be managed by the national tobacco department. From the perspective of public health, she thinks it is open to discussion.

Wu Yiqun, a researcher at the center for Disease Control and prevention in China, believes that many measures for tobacco control, such as building a smoke-free environment and limiting tobacco advertising promotion and sponsorship, have not fully played its due role. "Not even selling cigarettes to minors has not been done well."

"All products should be regulated by a third party," Zheng Rong told the economic reference. If it is both a producer seller and a supervisor, there will be conflicts of interest and will not be conducive to strengthening smoking control. " Zheng said that for e-cigarettes, although the United States is regulated by tobacco products, the United States does not have a Tobacco Monopoly Office, but is regulated by the food and drug administration, which is responsible for public health. The UK is also regulated by the UK Department of public health, which is responsible for public health.

In this regard, Zhang Jianshu, President of Beijing Smoking Control Association, also approved. He believes that only the heating non combustion type belongs to tobacco, and the other main types of e-cigarettes are not tobacco products. It is more beneficial to the quality supervision of the product to integrate electronic smoke into the supervision system of the health department or the drug supervision and administration department.

"Although tobacco products have a very core criterion of judgment, whether tobacco is contained in the product, we have no clear definition of e-cigarettes." Zheng Rong believes that the core information in the draft is missing, that is, there is no definition of e-cigarette. In Zheng Rong's view, electronic smoke can be divided into cigarette fittings and tobacco oil, and the tobacco oil can be subdivided according to whether it contains nicotine, and each of them should be regulated separately.

"It is not clear that there are" one missed one thousand "and" one size fits all "in supervision," Zhu said

"That is why the draft of solicitation for advice uses" reference "rather than" according to ", Liu said." e-cigarettes are not traditional tobacco, and there is no e-cigarettes when the tobacco monopoly law is formulated. Now I think it is in line with practical reform thinking to use "reference"

According to Jiang Yuan, deputy director of the tobacco control office of the center for Disease Control and prevention in China, the "hard to produce" of national standards for electronic smoke is also a big obstacle to regulation“ At present, there are many brands and types of e-cigarettes on sale in the domestic market, but we have no standards for these products. Some people have mentioned the danger of "exceeding the standard" of certain harmful substances. In fact, we do not even have a "standard" to exceed. It is urgent to formulate scientific and standardized industrial standards. "

Xuxiaoxin, associate professor of the school of social development and public policy of Beijing Normal University, believes that national standards for electronic cigarette and cigarette oil should be established. In xuxiaoxin's view, this is an important basis for scientific supervision and protection of consumers' rights and interests.

Call for scientific and fine regulatory experts to propose special supervision measures

According to the public data, from a global perspective, the electronic cigarette industry has formed a pattern of "made in China and consumed globally". The whole industrial chain layout of Chinese e-cigarette enterprises, relying on the professional cluster of e-cigarette manufacturing industry and mastering the core technology make China in a strong position in the industry. So, how to realize the supervision of e-cigarette and keep the innovation and development prospect of this industry? Experts interviewed said that it is necessary to establish a standardized management framework for e-cigarettes and formulate scientific and fine regulatory plans based on the clear positioning of the attributes of e-cigarettes, starting from the national conditions of China.

"What is the health impact of e-cigarettes? First of all, we should strengthen the research on e-cigarettes and promote the introduction of relevant standards. " Jiang Yuan said, "domestic research on long-term controversial issues such as whether e-cigarettes can control tobacco and reduce harm is very scarce. Moreover, domestic regulation has strict standards for the use of additives in the field of food and drug, but it is still a blank in the electronic smoke with more than 10 million consumers. "

In MALIANG's view, the focus of e-cigarettes supervision should be on the "safety level", accelerate the promulgation of relevant standards for e-cigarettes and keep the bottom line“ For the emerging business form of e-cigarettes, it is too early to discuss monopoly and license plates. It is also very early to give industry some space and then issue special supervision measures. "

Zhu Wei believes that the most important thing to supervise e-cigarettes is from the perspective of safety rather than access“ It can be classified and classified, the supervision method of electronic consumer goods for cigarette appliances, the tobacco monopoly management method for cigarette ammunition, and the standards, access and tax management of all links of the industrial chain shall be well done according to the classification. "

Zheng Rong believes that the health and health departments should participate in the supervision, and in formulating the corresponding regulatory rules, relevant experts from industrial and commercial departments shall participate in the discussion, fully demonstrate and form a more scientific and reasonable decision（ Reporter huangkexin)