Teenagers can easily buy e-cigarettes online and offline. Journalists investigate the chaos of e-cigarette sales: "three no" e-cigarette flavors | products | electronics
Recently, there have been a large number of electronic cigarette products on the market, represented by "milk tea cups" and "cola cans", with cute and diverse shapes and a variety of flavors, which some minors are flocking to. Many parents roast that many e-cigarette products are "three no" products without detailed Chinese description, manufacturer and other information and production license.
How did these "three no" e-cigarettes penetrate into the underage population? How should we regulate it? The reporter launched an investigation into this.
"A can costs around 100 yuan and can be smoked for two weeks. It tastes good and doesn't choke people. It is usually purchased online and comes in various flavors." Xiao Yang, a high school student from Beichen District, Tianjin, has recently become obsessed with the "milk tea cup" e-cigarette.
Xiao Yang introduced that many of his classmates around him are smoking this type of e-cigarette, and their purchasing channels are not only online, but also sales points near the school.
A recent investigation by a reporter from the Legal Daily found that there are now a large number of electronic cigarette products on the market, represented by "milk tea cups" and "cola cans". There are few detailed Chinese descriptions and manufacturer information on the outer packaging, and there is no production license, making it a "three no" product. However, due to its unique design and rich taste, it has attracted a large number of minors to smoke. Parents strongly condemn this.
According to the "Management Measures for Electronic Cigarettes" issued by the National Tobacco Monopoly Administration, the sale of flavored electronic cigarettes and electronic cigarettes that can add aerosols on their own are prohibited, and electronic cigarette products that do not contain nicotine are included in the regulatory scope.
Industry insiders point out that disposable electronic cigarettes represented by "milk tea cups" have problems such as excessive heavy metals and the use of illegal additives, which can cause serious damage to the physical and mental health of smokers, especially underage smokers. It is urgent for relevant departments to increase supervision and punishment efforts and carry out rectification.
Online sales are booming
Most of them are three no products
The reporter searched for "e-cigarette" as the keyword on a certain search engine, and the first link was the advertisement for "milk tea cup, mini cup, disposable atomizer". The webpage is called "Electronic Cigarette Official Website", which not only allows users to purchase electronic cigarettes, but also offers franchise and cooperation channels. The webpage displays promotional images of various electronic cigarettes, all of which are non tobacco flavored "milk tea cups" with flavors such as ice mineral water, Mingqian Longjing, and chilled watermelon.
On some social media platforms, there are also a large number of people posting and selling information about "milk tea cups": "Absolute '0' degree! Novel taste! Ice and frost enjoyment!" "Complete taste! One bite is amazing!" "Extra large oil content, one bite is satisfying!"... Please provide contact information.
The reporter randomly contacted one of the e-cigarette sellers, and after adding them as social friends, they saw that their social circle was filled with various types of e-cigarette products with names, such as "Coca Cola Cup", "Milk Tea Cup", "Starry Sky Cup", "Fruit Cup", "Little Yellow Man Cup", etc. Flavors include frosted watermelon, green tea soda, strawberry milkshake, Bobo lactic acid bacteria, etc. Some of these e-cigarettes look like a bottle of beverage, some look like a little rabbit, and some look like a slice of watermelon.
"Private shipment, order issued within 48 hours. For safety reasons, please do not rush! Do not return or exchange, place orders with caution!" The merchant replied when asked about the shipment status of e-cigarettes. From the transaction chat records posted by the merchant on their Moments, it can be seen that they never asked the buyer's age before selling.
The reporter purchased three e-cigarettes from the merchant, namely lemon flavor, cola flavor, and milk tea flavor. The appearance of the lemon flavored e-cigarette is a cute figurine, with a straw at the top of the cartoon image for suction, no outer packaging, and no written instructions around the body; The appearance of the cola flavor is a scaled down version of the cola cup, with the outer packaging and entire body filled with English letters, without any product description information; The taste of milk tea is packaged in a sealed bag, with a shrunken version of the milk tea in appearance and no product information on the packaging.
In addition to "milk tea cups", many businesses also sell "fruit flavored cigarette bombs", which are standard cigarette bombs placed in electronic cigarette sticks. The investigation by reporters found that most of these cigarette bombs are imitations or "three no" products.
On social media platforms, the reporter contacted a merchant selling a certain brand of cigarette bombs, which has 24 types of sales and is advertised with the slogan "Ice power is full of satisfaction". From the packaging and name, the cigarette bombs sold by the merchant are very similar to a certain brand and have a similar taste. However, some industry insiders told reporters that these cigarette bombs mainly come from underground cigarette bomb factories. Under the ban, these manufacturers secretly produce them, with prices far lower than regular manufacturers. Coupled with the variety of flavors, their sales are very good.
The "Milk Tea Cup" e-cigarette not only sells well online, but also in physical stores offline. During the visit, the reporter found that a considerable portion of the buyers were minors.
In a video introducing the dangers of "milk tea cups" on a certain social media platform, a large number of netizens left comments stating that there are many minors around them smoking this type of e-cigarette, and some offline sales points are located near schools.
At a store near a school in Tianjin, the reporter spent 69 yuan to purchase a product called an atomizer, which looks like an electronic cigarette. The merchant said it is an atomizer and does not contain nicotine. The reporter observed for several consecutive days and found that many students asked if there were any atomizers available in the store after school. The boss then offered various flavors of products for students to choose from, with prices ranging from 69 yuan to over 100 yuan.
"A legitimate medical nebulizer requires obtaining a medical device registration certificate issued by relevant departments and obtaining permission before production. Without relevant documents or other qualification certificates, it is not an electronic nebulizer and can be recognized as an electronic cigarette. In addition, electronic cigarettes generally use phrases such as' smoke is strong 'and' throat irritation is strong '. Even if it is advertised as' zero nicotine hazard', it is recommended to inhale no more than 100 puffs per day." said Tang Jianbin, senior partner of Kyoto Law Firm in Beijing.
But when the reporter purchased the "atomizer", the merchant did not provide the above prompt.
"The general consumers of this type of electronic cigarette are small workshops and companies, who do not indicate the manufacturer, production license, and other information. The consumer group is generally positioned as young people," said Wang Li, a shop owner who has sold such products in Zibo City, Shandong Province.
"The batteries used in these types of e-cigarettes are generally of poor quality, and are prone to malfunctions, even leakage, and problems such as oil leakage during the smoking process." Wang Li said, but their prices are not cheap. Products with 15ml of oil and a 3.5% nicotine content specification are priced between 70 to 90 yuan, with the highest exceeding 100 yuan.
Wang Li noticed that this kind of electronic cigarette is easy to make people "go up". After smoking for a period of time, some people have dizziness, nausea and other symptoms.
Some media have purchased samples of "milk tea cups" for testing, covering popular flavors such as cola, lemon, orange soda, and strawberry. The results showed that different levels of heavy metals such as lead and nickel were detected in the released substances of the seven "milk tea cup" samples; Part of the samples detected 2.3-butanedione and cinnamaldehyde, which far exceeded the requirements of national or group standards for aerosol impurities and pollutants.
False advertising by merchants
Misleading students to make purchases
Xiao Zhao, a high school freshman in Cangzhou City, Hebei Province, is a fan of "milk tea cups" and "cola cups". He usually makes purchases online because merchants do not inquire about age or whether they are minors.
Xiao Zhao has a smoking addiction. When he heard from merchants that e-cigarettes like "milk tea cups" and "cola cups" do not contain harmful substances from traditional cigarettes and can add various flavors to help him quit smoking, he placed an order to purchase one.
As a result, not only did he not quit smoking, but he also became increasingly addicted. Due to the variety of flavors in "milk tea cups" and "cola cups", Xiao Zhao always wants to try different flavors of cigarettes, so he often places orders to purchase them.
Xiao Zhao showed the reporter his "milk tea cup", which looks like a reduced version of a coffee cup. The upper nozzle is shaped like a straw, and there is no product information on the packaging box. Opening the inside of the "milk tea cup", the reporter saw that this type of electronic cigarette is composed of two parts: a cigarette cartridge and a battery, connected by two thin wires in the middle. There is an atomization core near the nozzle, and the structure is very simple.
The reporter found in the interview that many minors were confused by the merchants. When they saw the merchants promoting "electronic coffee, atomizing energy bars, smoking cessation sticks", etc., they believed that smoking electronic cigarettes could help quit smoking without becoming addicted. However, after smoking, the addiction to smoking became increasingly strong.
Xiao Chen, a sophomore student in Xuzhou City, Jiangsu Province, went astray like this.
When browsing Tieba, Xiaochen discovered the "Milk Tea Cup" e-cigarette advertisement. The merchant claimed that it not only has high concealment, a pleasant smell, but also is not addictive.
Driven by curiosity, Xiao Chen found a store selling electronic cigarettes and carefully selected a fruit flavored "milk tea cup". The first time he smoked an e-cigarette, Xiao Chen was attracted by its taste. Not only did he not have the pungent smell of traditional cigarettes, but he also had a sweet and fruity taste. Although Xiao Chen's parents smelled a strange smell, they did not associate it with e-cigarettes. Afterwards, Xiaochen purchased a large number of "milk tea cups" for smoking.
Once, when Xiao Chen was holding a "milk tea cup" at home and swallowing clouds and mist, he was discovered by his parents, and they finally realized. "This type of e-cigarette is too confusing. If it weren't discovered in time, his addiction to smoking would only get bigger and bigger," Xiao Chen's father said anxiously.
Some interviewed minors said that "milk tea cups" are designed very well, have a cool look when swallowing clouds and mist, and have a variety of flavors. Some minors also use e-cigarettes as social tools, and classmates compete with each other to see whose "milk tea cup" looks better and whose cigarette bomb taste is better.
The reporter found that most minors who smoke electronic cigarettes are unaware that "milk tea cups" contain nicotine, and some minors who know that "milk tea cups" are electronic cigarettes believe that their harm is far greater than traditional cigarettes.
Xiao Li, a junior high school student from Changde City, Hunan Province, complained to reporters that several girls in her class were smoking "milk tea cups" and advised Xiao Li to take them. "They said they don't contain nicotine, won't become addicted, and can still refresh her mind, but I smell it very pungent.".
After a while, Xiao Li saw that those classmates who were smoking "milk tea cups" often coughed and retched.
Industry insiders have told reporters that disposable electronic cigarettes represented by "milk tea cups" have problems such as excessive heavy metals and the use of illegal additives. If left unchecked, it will cause serious harm to the physical health of smokers, especially underage smokers. The more severe reality is that the proportion of "three no" products on the current electronic cigarette market is very high, but many minors who smoke "milk tea cups" are not aware of the harm.
The phenomenon of shopkeepers selling dog meat while hanging sheep's heads cannot be ignored.
An e-cigarette shop owner from Guizhou Province told to increase regulatory efforts
Increase the cost of illegal activities
Electronic cigarette sales are booming, and merchants do not actively verify their identities. Minors can easily purchase them. How to rectify this chaos?
Chen Zhong, an expert in the electronic cigarette industry, analyzed that according to the "Regulations on the Administration of Electronic Cigarettes", only tobacco flavored national standard electronic cigarettes sold with certificates in electronic cigarette retail stores that are normally and legally circulated in China are illegally operated. Any non national standard products from any other channel are considered illegal. After banning fruit flavored e-cigarettes, minors are unable to purchase them from legal channels, but criminals often promote them through WeChat and e-commerce channels. Currently, there are too few cases of punishment for illegal activities, which makes illegal practitioners believe that the cost of illegal activities is not high, which is why illegal products are rampant in the market.
Chen Zhong believes that in order to reduce illegal products in the market and prevent young people from being exposed to such products less, the core is to crack down on the source of illegal factories, and at the same time, increase the punishment for illegal vendors. It cannot be a short-term exercise style crackdown, but should be fought together, severely punished, and form a high-pressure situation.
"Except for the 'National Unified Electronic Cigarette Trading Management Platform', selling electronic cigarettes on any online platform is illegal." Tang Jianbin said that in August 2018, the State Administration of Market Supervision and the State Tobacco Monopoly Bureau jointly issued the Notice on Prohibiting the Sale of Electronic Cigarettes to Minors, requiring that the sale of electronic cigarettes to minors be prohibited. However, many electronic cigarette enterprises still focus on young people in order to make profits, and most of the minors understand and buy electronic cigarettes through Internet marketing.
In order to prevent minors from buying electronic cigarettes, Tang Jianbin suggested that, first of all, relevant departments should require all Internet platforms to remove electronic cigarette advertisements, stop playing such advertisements, and do not sell electronic cigarettes in live broadcast rooms; Secondly, the tobacco administration, market supervision and administration and other departments should further strengthen the supervision of electronic cigarettes, investigate and deal with the acts of promoting and selling electronic cigarettes through the Internet in accordance with the law and carry out follow-up dynamic supervision, and no organization or individual is allowed to sell electronic cigarettes to minors.
Gu Zhun, a lawyer from Shanghai Guangming Law Firm, suggested, on the one hand, urging the production and sales enterprises or individuals of e-cigarettes to close the Internet sales website or client of e-cigarettes in a timely manner, urging e-commerce platforms to close e-cigarettes stores in a timely manner, and take e-cigarettes off the shelves in a timely manner, urging the production and sales enterprises or individuals of e-cigarettes to withdraw the e-cigarettes advertisements published through the Internet; On the other hand, it is necessary to strengthen education for minors and explain clearly the dangers of using electronic cigarettes.
In the investigation, the reporter noticed that many online e-cigarette sellers have renamed e-cigarettes as "electronic atomizers" or "tea cups" in order to evade regulation, which has increased the difficulty of regulation.
Regarding this, Gu Zhun said that according to the Measures for the Administration of Electronic Cigarettes, individuals, legal persons, or other organizations are not allowed to sell electronic cigarette products, aerosols, and nicotine used in electronic cigarettes through information networks other than the electronic cigarette trading management platform specified in these Measures. For behaviors that use vague terms such as "electronic atomizers", market supervision departments should strengthen market inspections, firmly say no to illegal and irregular sales of electronic cigarettes, and take preventive measures.
Tang Jianbin believes that it is necessary to carry out the integration and cleaning up of Internet electronic cigarette information, urge merchants who sell through various live broadcast rooms, short videos, official account, small programs and other ways to withdraw their electronic cigarette advertisements, and severely crack down on illegal sales; The regulatory authorities should further comprehensively clean up the false and illegal electronic cigarette advertisements on the Internet, urge the platform to establish an independent cleaning mechanism, strengthen supervision, and timely remove the electronic cigarette sales link.
Tang Jianbin suggested that relevant law enforcement departments carry out centralized rectification actions on the electronic cigarette market, comprehensively inspect and clean up electronic cigarette related production enterprises, electronic cigarette wholesale enterprises, and electronic cigarette retail market entities. Establish and improve the "one enterprise, one file" regulatory ledger file, and do a good job in subsequent supervision and rectification work. Timely clean up illegal products on sale, and promptly transfer those suspected of committing crimes to judicial authorities for criminal responsibility in accordance with the law.
From the perspectives of consumers and citizens, once problems are discovered, timely feedback should be provided, and active complaints and reports should be made regarding the phenomenon of replacing electronic cigarettes with vague words such as "electronic atomizers".
Chen Zhong suggests that relevant platforms should regularly update keywords, scan relevant big data regularly, identify problems in a timely manner, and increase monitoring of past illegal stores and accounts.
"China clearly prohibits the sale of flavored e-cigarettes other than tobacco flavors, and severely crack down on illegal production and sale of hidden and mutated e-cigarettes such as' milk tea cups' and 'cola cans'. The' Electronic Cigarette Management Measures' stipulate that electronic cigarette products should comply with relevant regulations on packaging labeling and warning slogans. For individuals, legal persons, and other organizations that violate this measure, the tobacco monopoly administrative department may take regulatory measures, suspend platform trading qualifications, order suspension of production and operation business, carry out rectification, and even cancel their production and operation qualifications for electronic cigarette products, aerosols, and nicotine for electronic cigarettes in accordance with the law." Gu Zhun said.
Tang Jianbin proposed that tobacco monopoly bureaus, public security, education, and market supervision departments in various regions should work together to investigate and deal with "three no's," "milk tea cups," "cola cups," or other non compliant forms of electronic cigarettes, clarify the upstream and downstream production and sales chains, identify the source manufacturers, and eliminate the production and sales of electronic cigarettes. Strengthen cooperation and cooperation in reporting clues and investigating major cases, and establish a sound long-term regulatory mechanism. For the sale of "three no" e-cigarettes on various e-commerce platforms, e-commerce platforms should bear regulatory responsibilities, register product information and merchant information when products are listed in accordance with the provisions of the E-commerce Law, and promptly remove illegal product links. Otherwise, e-commerce platforms will face administrative penalties such as being ordered to make corrections within a specified period, confiscating illegal gains, imposing fines, ordering suspension of business for rectification, and recording them in credit records, or bearing civil joint and several liability.
"Regulation should start from the source, crack down on illegal e-cigarette source factories, crack down on wholesale sales, and increase publicity efforts on the hazards of 'three no's' e-cigarettes to jointly build a barrier to prevent' three no's' e-cigarettes," said Chen Zhong.