With the crackdown on some illegal e-cigarettes such as “milk tea cups” and “Coke cans” by relevant departments, herbal nebulizers and traditional Chinese medicine nebulizers appear on the market, which look almost the same as e-cigarettes and are known as zero nicotine. Are they medicine or e-cigarettes?
A variety of herbal nebulizers
The reporter noted that on the social platform, some netizens are promoting herbal atomizer, traditional Chinese medicine atomizer, traditional Chinese medicine tide play, etc. According to netizens, these products are not only 0 tar, 0 nicotine, 0 harm, but also can assist in the treatment of sore throat, chronic pharyngitis, etc., which belongs to “health products”.
These herbal nebulizers come in a variety of flavors. For example, some atomizer brands say that they have launched more than a dozen flavors, including West Lake Longjing, jasmine, watermelon and other diverse flavors, which are “soft into the throat and have a long aftertaste” after inhalation.
Some people think that it can be used as an alternative to smoking, and at the same time clear the throat and moisten the lungs; However, many netizens believe that this is the e-cigarette, not only does not have the above effect, but also will suffer more, because the seasoning is a typical characteristic of illegal e-cigarettes.
According to the e-Cigarette Management Law, which took effect on May 1, 2022, it is prohibited to sell flavored e-cigarettes other than tobacco flavors and e-cigarettes that can add atomizing substances on their own.
Why does the “drug-free” atomizer have a “fruit taste”?
The reporter noted that some herbal atomizers also claimed that these are “legal and compliant”, as well as “fruit flavor”, and even directly pointed out the specific record number.
According to a pictorial record number on the website of the State Drug Administration, the reporter found that the product is an oral drug feeder, for people who need to rely on the drug feeder for medication, and clearly said that “no drugs”.
Since it does not contain drugs, it is simply equipment, how is the “fruit flavor” made?
In addition, the reporter noted that there are some herbal nebulizer brands that sell both nebulizer and atomizing liquid. These nebulized liquid names contain some herbal names, and to distinguish the taste, such as bromeliad fat sea, pueraria mint, ginseng goji berry, orange loquat and other flavors. According to the relevant introduction, this is the research and development team “using the concept of the same origin of medicine and food research and development”.
Do herbal nebulizers count as e-cigarettes?
In this regard, the reporter called 12313 to call the Beijing Municipal Tobacco Monopoly Bureau, and the wiring staff said that the online sale of e-cigarettes was not allowed. However, whether such traditional Chinese medicine atomizers and herbal atomizers belong to electronic cigarettes, the staff said that they would let the tobacco monopoly departments in relevant jurisdictions reply.
On the 6th, the staff of the above jurisdiction called back to say that in principle all the equipment that can be atomized belongs to electronic cigarettes, in line with the situation of electronic cigarettes, but it should also be differentiated according to its actual use, because hospitals also have some atomizing equipment for medical treatment, so it is best to see the specific products to determine whether the above-mentioned herbal atomizer belongs to electronic cigarettes.
Recently, the Beijing Youth Daily quoted the person in charge of the Legal Research Department of the Shanghai Municipal Consumer Protection Commission as saying that China’s tobacco monopoly Law, e-cigarette management measures and other relevant laws and regulations are clear, e-cigarettes are “used to produce aerosols for people to smoke and other electronic delivery systems”, and e-cigarettes that do not contain nicotine (nicotine) are included in the definition of e-cigarettes.
According to several 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 look similar to e-cigarettes, corresponding standards and regulations should be formulated to better protect consumers’ right to know and consumption safety.