“上头电子烟”迎国务院发文打击 “不含烟碱”界限认定受关注

Core Viewpoint - The recent issuance of the "Opinions on Comprehensive Crackdown on Tobacco-related Illegal Activities" by the State Council aims to strengthen regulatory enforcement against tobacco counterfeiting, smuggling, and illegal sales, particularly focusing on the electronic cigarette sector [1][2][3]. Group 1: Regulatory Measures - The "Opinions" emphasize a comprehensive crackdown on the smuggling of tobacco products, including electronic cigarettes, by enhancing international law enforcement cooperation and targeting the sources of counterfeit tobacco abroad [1][2]. - There will be strict implementation of tobacco-related laws in special areas such as customs supervision zones and bonded areas, prohibiting the sale of tobacco products without proper licenses [2]. - The document outlines a full-chain regulatory system for tobacco production and sales, including the management of raw materials and machinery used in tobacco production [2][5]. Group 2: Focus on Electronic Cigarettes - The regulation of electronic cigarettes is highlighted, with a focus on combating illegal production, wholesale, transportation, and sales, as well as addressing issues related to non-nicotine electronic cigarettes [2][3]. - The market for electronic cigarettes is currently facing significant challenges from counterfeit products, many of which are imported from overseas, leading to a call for stricter regulatory measures [3][4]. Group 3: Legal Framework - The "Opinions" align with existing criminal laws, specifically targeting smuggling and the production and sale of counterfeit products, which are core offenses under the Criminal Law [5][6]. - The document stresses the need to sever the supply chain for counterfeit tobacco materials and machinery, reinforcing the legal framework for tackling tobacco-related crimes [5][6]. - Illegal operations, including unlicensed sales and the use of the internet for illegal tobacco sales, are identified as serious offenses that disrupt market order and violate the tobacco monopoly system [6].