Core Viewpoint - The Beijing Internet Court ruled against the sale of "smoking cards" to minors, emphasizing the need for e-commerce platforms to take responsibility in protecting minors from tobacco-related products [1][7][9]. Group 1: Court Ruling and Analysis - The court determined that selling smoking cards as toys violates public order and morals, as it poses a risk to minors' health and promotes tobacco-related imagery [9][11]. - The ruling highlighted that the sale of smoking cards undermines the legal framework designed to protect minors from tobacco exposure, despite existing laws not explicitly banning such products [8][9]. - The court's decision reflects a broader societal goal of safeguarding minors' physical and mental well-being, aligning with the principles established in the Minor Protection Law [8][9]. Group 2: E-commerce Platform Responsibilities - The defendant e-commerce platform argued that it merely serves as a marketplace and does not control the products sold by third-party vendors, claiming no legal basis for banning smoking cards [5][12]. - Despite the platform's implementation of a "Green Network Plan" to filter out smoking card listings, the effectiveness of these measures has been questioned, as many listings remain accessible [11][12]. - The court indicated that the platform must enhance its oversight and regulatory measures to better protect minors, suggesting that current efforts are insufficient [12][15]. Group 3: Public and Regulatory Response - The case has drawn attention to the rising popularity of smoking cards among schoolchildren, prompting concerns from health experts about their potential to normalize smoking behavior [2][14]. - Regulatory bodies, including the State Tobacco Monopoly Administration, have initiated actions to address the sale of smoking cards, urging e-commerce platforms to self-regulate and remove such products [14][15]. - Despite these efforts, the ongoing availability of smoking cards on various platforms indicates that previous regulatory actions have not achieved lasting results [15].
法院判决首次认定销售烟卡“违反公序良俗”,电商平台何为?
Nan Fang Du Shi Bao·2025-12-29 12:31