With the crackdown by relevant departments on some illegal electronic cigarettes such as "milk tea cups" and "cola cans", herbal atomizers and traditional Chinese medicine atomizers have emerged on the market, which look almost the same as electronic cigarettes and claim to be zero nicotine. Are they drugs or e-cigarettes?
Herbal nebulizer with a wide range of flavorsThe reporter noticed that on social platforms, some netizens were promoting herbal atomizers, traditional Chinese medicine atomizers, and Chinese medicine tide play. According to netizens, these products not only have 0 tar, 0 nicotine, 0 harm, but even can assist in the treatment of sore throat, chronic pharyngitis, etc., which are "healthy products".
Introduction to the taste of a brand of Chinese medicine atomizer. Screenshot of web pages
These herbal nebulizers come in a wide variety of flavors. For example, some atomizer brands claim to have launched more than ten flavors, including West Lake Longjing, Jasmine, Watermelon and other diversified flavors, which are "soft into the throat and have a long aftertaste" after inhalation.
Some people believe that this can be used as an alternative to smoking addiction while clearing the throat and moisturizing the lungs; But many netizens believe that this is an electronic cigarette, not only without the above effects, but also more deeply affected, because seasoning is a typical feature of illegal electronic cigarettes.
According to the "Electronic Cigarette Management Law" that came into effect on May 1, 2022, the sale of flavored electronic cigarettes other than tobacco flavors and electronic cigarettes that can be atomized by themselves is prohibited.
Why does the "drug-free" nebulizer have a "fruity flavor"?The reporter noticed that some herbal atomizers also claimed that these were "legal and compliant", as well as "fruit flavor", and even directly pointed out the specific filing number.
Screenshots of social platforms
According to the filing number of a picture, the reporter inquired on the website of the State Medical Products Administration and found that the product is an oral applicator, which is aimed at people who need to rely on the applicator for medication, and clearly states that it "does not contain drugs".
Since it does not contain drugs and is simply an instrument, how does the "fruity flavor" come out?
Screenshot of the website of the State Medical Products Administration
In addition, the reporter noticed that there are also some herbal atomizer brands, which sell both atomizers and atomization liquids. These nebulizer names contain some herbal names to distinguish flavors, such as pineapple fat sea, kudzu mint, ginseng goji berry, orange loquat and other flavors. According to relevant introductions, this is the R&D team "using the concept of medicine and food homologous research and development".
Is an herbal nebulizer considered an e-cigarette?In this regard,
The reporter called the Beijing Tobacco Monopoly Bureau at 12313, and the wiring staff said that the sale of electronic cigarettes was not allowed online. However, as to whether such traditional Chinese medicine atomizers and herbal atomizers are electronic cigarettes, the staff said that they would ask the tobacco monopoly department in the relevant jurisdiction to reply.On the 6th, a staff member of the above jurisdiction called back and said,
In principle, all equipment that can be atomized belongs to electronic cigarettes, in line with the situation of electronic cigarettes, but it is also necessary to pay attention to the distinction according to its actual use, because hospitals and other atomization equipment are also used for medical treatment, so it is best to see specific products to judge whether the above herbal atomizers belong to electronic cigarettes.Recently, the person in charge of the Legal Research Department of the Shanghai Municipal Consumer Protection Commission said that the mainland tobacco monopoly law, electronic cigarette management measures and other relevant laws and regulations clearly state that electronic cigarettes are "electronic delivery systems used to generate aerosols for human smoking", and electronic cigarettes that do not contain nicotine (nicotine) are included in the definition of electronic cigarettes.
Screenshot of the national standard of "Electronic Cigarette".
According to a number of media reports, at present, there is a certain "regulatory gap" for herbal atomizers. Some reports suggest that for some special commodities that do not contain nicotine, but have a similar appearance to electronic cigarettes, corresponding standards and norms should be formulated to better protect consumers' right to know and consumer safety.
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