China tightens control over e-cigarette market

In China, the new regulations on electronic cigarettes, in force since 1^er October 2022, restricts their marketing and requires manufacturers to obtain a production and sales license, particularly online. However, this policy appears to be more about protectionism than public health.

Announced in December 2021, then in March 2022, the new Chinese regulations relating to electronic cigarettes have been applied since the 1^er last October[1]The period covering the first months of 2022 was considered a transition period allowing manufacturers to comply; they can still appeal the opinions issued from October 8 to 31.

A license required for the production and sale of electronic cigarettes

The new regulations require manufacturers and sellers to obtain a production and sales license from the State Tobacco Monopoly Administration (SMTA). The marketing of e-cigarettes on the Chinese market will be subject to compliance with national standards and monitored by government agencies. Production for export, whose compliance criteria remain those of the countries for which it is intended, may also be limited and regulated by government agencies. Online sales will only be permitted through a centralized public platform.

Marketing conditions have also been tightened. Opening a store selling e-cigarettes is now prohibited near schools, kindergartens, and any other primary or secondary education facility. Advertising for e-cigarettes is prohibited in the media, public spaces, and on public transport. Any form of advertising for e-cigarettes aimed at minors is prohibited. The sale of these products in vending machines will no longer be possible, and health warnings must be posted at points of sale. It is also prohibited to organize forums, exhibitions, trade shows, and other events related to e-cigarettes.

A takeover of the market by the authorities

These new provisions confirm the line adopted by China towards e-cigarettes since 2018, notably by indexing their regulation to that of tobacco products. They indicate the Chinese government's desire to regain control of this particularly prolific market, while retaining the possibility of excluding foreign producers. They can also be interpreted as a desire to preserve the domestic cigarette market, which accounts for 11 billion TP3T of public revenue, in a country which still has around 300 million smokers.

The new regulations were also to cover heated tobacco products as well as new tobacco and nicotine products.[2], but these themes do not appear explicitly in the published texts. Several gray areas also persist, particularly on the issue of flavors and on the subject of online promotion and advertising, when it is not explicitly aimed at minors. The ban on organizing trade fairs and commercial events, such as Vapexpo or World Vape Show, is, however, a measure that could be studied in Europe and other regions. As with traditional cigarettes, the ban on vending machines seems essential to limit minors' access to all tobacco and nicotine products.

Keywords: China, electronic cigarette, regulation

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[1] State Tobacco Monopoly Administration: No Production or Operation of Electronic Cigarettes without a Tobacco Monopoly License, My vape review, published September 29, 2022, accessed October 7, 2022.

[2] Wong A, E-cigarette products will enter new regulatory framework in China, TwoBirds, published March 31, 2022, accessed October 7, 2022.