Is a traditional Chinese medicine atomizer a medicine or an electronic cigarette? Tobacco department response

With the crackdown on illegal e-cigarettes such as "milk tea cups" and "cola cans" by relevant departments, herbal atomizers and traditional Chinese medicine atomizers have emerged on the market, which look almost identical to e-cigarettes and are known as zero nicotine. Are they medicine or e-cigarettes?

Herbal atomizer with diverse flavors

The reporter noticed that some netizens are promoting herbal atomizers, traditional Chinese medicine atomizers, and traditional Chinese medicine trendy toys on social media platforms. According to netizens, these products not only have zero tar, zero nicotine, and zero harm, but can also assist in the treatment of throat pain, chronic pharyngitis, etc., making them "health products".

Taste introduction of a certain brand of traditional Chinese medicine atomizer. Webpage Screenshot

These herbal atomizers come in a variety of flavors. For example, some atomizer brands claim to have launched more than ten flavors, including West Lake Longjing, jasmine, watermelon, and other diverse flavors. After inhalation, they "soften the throat and have a long-lasting aftertaste.".

Some people believe that this can serve as a substitute for smoking addiction, while also clearing the throat and moistening the lungs; But many netizens also believe that this is e-cigarettes, which not only lack the aforementioned benefits but also suffer more, because seasoning is a typical characteristic of illegal e-cigarettes.

According to the Electronic Cigarette Management Law, which will come into effect on May 1, 2022, it is prohibited to sell flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can add aerosols on their own.

Why does a "drug free" atomizer have a "fruit flavor"?

The reporter noticed that some herbal atomizers also claim that these are "legal and compliant", as well as "fruity taste", and even directly indicate the specific filing number.

Screenshots of social media platforms

According to a record number shown in a diagram, the reporter found on the website of the National Medical Products Administration that the product is an oral drug delivery device, aimed at people who need to rely on the drug delivery device for medication, and clearly stated that it does not contain drugs.

Since it does not contain medication and is simply a device, how is the "fruit flavor" produced?

Screenshot of the website of the National Medical Products Administration

In addition, the reporter noticed that there are also some herbal atomizer brands that sell both atomizers and atomizers. These atomization liquid names contain some herbal names to distinguish flavors, such as pineapple chubby sea, kudzu root mint, ginseng and goji berries, orange red loquat, and so on. According to the relevant introduction, this is developed by the R&D team using the concept of "medicine and food have the same origin".

Does herbal atomizer count as an electronic cigarette?

In response, the reporter called the Beijing Tobacco Monopoly Bureau at 12313, and the operator stated that selling e-cigarettes online is not allowed. But regarding whether such traditional Chinese medicine atomizers, herbal atomizers, etc. belong to electronic cigarettes, the staff said they will ask the tobacco monopoly department in the relevant jurisdiction to reply.

On the 6th, a staff member from the aforementioned jurisdiction called back and stated that in principle, all devices that can be atomized belong to electronic cigarettes, which are suitable for electronic cigarettes. However, attention should also be paid to distinguishing them based on their actual use, as hospitals and other areas also have some atomization devices used for medical purposes. Therefore, it is best to see the specific product to determine whether the above grass based atomizer belongs to electronic cigarettes.

Recently, the Beijing Youth Daily quoted the head of the Legal Research Department of the Shanghai Municipal Consumer Protection Commission as introducing that relevant laws and regulations in China, such as the Tobacco Monopoly Law and the Electronic Cigarette Management Measures, clearly state that electronic cigarettes are "electronic transmission systems used to generate aerosols for people to smoke, etc." and include electronic cigarettes without nicotine in the definition of electronic cigarettes.

Screenshot of the national standard for e-cigarettes.

According to multiple media reports, there is currently a certain regulatory gap for herbal atomizers and other products. There are reports suggesting that for some special products that do not contain nicotine but have a similar appearance to e-cigarettes, corresponding standards and regulations should be established to better protect consumers' right to information and consumption safety.