Is "atomizer" an electronic cigarette? Regulatory authorities should clearly identify

In recent years, the electronic cigarette industry has developed rapidly, and legally regulating the healthy development of the electronic cigarette industry has become an important task for regulatory authorities. The mandatory national standard for "e-cigarettes" implemented on October 1st last year prohibits the sale of flavored e-cigarettes other than tobacco flavors and e-cigarettes that can be self added with aerosols. This is beneficial for preventing production companies from adding various flavors such as fruit, floral, sweet, and beverage flavors to e-cigarettes, or by adding aerosols on their own, making e-cigarettes particularly attractive to young people.

According to reports, a category of products called "traditional Chinese medicine atomizers" and "herbal atomizers" have recently appeared in the market, and some parents are concerned that these "atomizers" may induce and mislead children. Firstly, this type of "atomizer" is very similar in appearance to traditional e-cigarettes and includes various flavors such as watermelon, tea, mint, and loquat, claiming to be nicotine free. A media reporter purchased two "atomizers" and found that their atomization mode was basically the same as that of electronic cigarettes after smoking. If consumers do not pay attention, it is easy to regard this type of "atomizer" as an electronic cigarette product.

According to mandatory national standards, the sale of flavored e-cigarettes other than tobacco flavors is prohibited. Is there any suspicion of using these "traditional Chinese medicine atomizers" as a sideline? Have you bypassed relevant regulations by promoting "traditional Chinese medicine" and "herbs"? At the same time, will the similarity in appearance, atomization mode, and other aspects of these "atomizers" make consumers mistake them for e-cigarettes and make purchases?

Secondly, some manufacturers of "traditional Chinese medicine atomizers" refer to them as "food grade" products. However, traditional Chinese medicine is a traditional therapeutic drug, and its ingredients and efficacy have undergone rigorous scientific research and verification. Food grade products refer to products that meet food safety standards, and there are significant differences in their properties and uses. Linking "traditional Chinese medicine" products with "food grade" may mislead consumers about their understanding and use of the products.

The "unknown identity" of the "traditional Chinese medicine atomizer" not only confuses consumers, but also puts relevant departments in a management blind spot. According to the Market Supervision Bureau of Minhang District, Shanghai, the bureau received reports of a "traditional Chinese medicine atomizer" sold locally. However, the drug supervision bureau in the production area of the product confirmed in a letter that the product is a type of medical device, not a tobacco product or e-cigarette. This recognition makes them lack the means to investigate and enforce the law. The Minhang District Tobacco Monopoly Bureau stated that the product is labeled with the words "traditional Chinese medicine atomizer", making it difficult for them to directly classify it as an electronic cigarette. They have reported the issue and hope that the higher authorities can confirm it.

According to the person in charge of the Legal Research Department of the Shanghai Municipal Consumer Protection Commission, relevant laws and regulations such as the Tobacco Monopoly Law and the Measures for the Administration of Electronic Cigarettes in China clearly state that electronic cigarettes are "electronic transmission systems used to generate aerosols for human suction, etc." Electronic cigarettes without nicotine (nicotine) are included in the definition of electronic cigarettes. Therefore, for some special products that do not contain nicotine but have a similar appearance to electronic cigarettes, corresponding standards and specifications should be formulated, Better protect consumers' right to know and consumption safety.

In short, some "traditional Chinese medicine atomizers" and "herbal atomizers" are currently in a certain "regulatory gap" state, and enterprises and merchants have great discretion in production, sales, promotion, and other aspects; Consumers face information asymmetry, and once there are disputes over product quality and service, there may be significant difficulties in safeguarding their rights.

Whether the "traditional Chinese medicine atomizer" or "herbal atomizer" is a drug promoted by enterprises, a "food grade" product, or an electronic cigarette product, it ultimately needs to enter the human body, which is related to the health and safety of consumers. Enterprises cannot be left to talk to themselves and cannot wander outside of supervision. Departments such as tobacco management and market supervision should make clear determinations of "traditional Chinese medicine atomizers" and "herbal atomizers" in accordance with the law. If it is confirmed through investigation that they are electronic cigarette products, they should be included in the mandatory national standard normalization supervision scope of "electronic cigarettes" to better protect the legitimate rights and interests of consumers.