On the improvement of legal supervision measures for new tobacco products
Abstract: with the rapid development of social economy, new types of tobacco products emerge in endlessly, and are loved by many users. At the same time, in order to ensure the normal market order, the legal supervision measures on new tobacco products have become a social problem that deserves our attention increasingly. At present, some achievements have been made in the promotion of new tobacco measures. However, in terms of legal supervision, there are some "blind areas" lagging behind the times, which leads to the phenomenon of supervision confusion, some businesses and users taking advantage of legal loopholes. Therefore, in the future, we need to constantly improve the legal measures in this respect.
Key words: new tobacco products; tobacco companies; e-cigarettes; legal regulatory measures; improvement
New tobacco products are the new products of tobacco market in recent years, including electronic cigarettes, smoke free tobacco products, heating non combustion tobacco products and so on. Compared with traditional tobacco products such as cigarettes, on the one hand, they do not need to be burned and cause relatively less harm to human body; on the other hand, they do not produce "second-hand smoke", so they bring less pollution to public places. However, new tobacco products can not be "peace of mind", the same must strengthen legal supervision. However, the legal supervision in this respect is still in the imperfect stage, and there are a series of problems to be solved. Let's talk about it.
2. What are new tobacco products?
For a long time in the past, cigarette burning and smoking has been the mainstream of tobacco products. The new type of tobacco products is a new type of non combustible tobacco products, which is based on the traditional tobacco products such as burning and smoking cigarettes. It refers to a kind of products that have tobacco or can form smoke and tobacco flavor, can bring pleasure when smoking, and can meet people's physiological needs such as refreshing, but it does not need to be burned like cigarettes.
In recent years, the development of new tobacco products has been highly valued by the party and the government. At present, the state has issued some development plans in this respect. This provides a new historical opportunity for the future development of new tobacco products.
3.What kinds of new tobacco products are there?
The types of new tobacco products are generally divided into four parts: electronic cigarettes, heated non combustion tobacco products (i.e. low temperature cigarettes), oral cigarettes and other types. Among them, the former two are the most common among the new tobacco products, while the latter two are relatively rare.
4.What are the main principles of new tobacco products?
The structure of the new type of tobacco products is more complicated than that of the traditional cigarette. Next, we take the common first two as examples to briefly introduce its main principles. Among them, the biggest difference between it and the burning and smoking cigarette is that heating is carried out by electronic device rather than by ignition. So it doesn't need to burn.
In other words, it is heated by electrons and atomized into steam to be sucked. Through the internal gas sensing element, under the effect of induction inhalation, it generates pressure to connect the power supply. In this way, light-emitting diodes begin to produce light under the action of electricity, which seems more in line with fashion aesthetics. At the same time, the liquid smoke is vaporized under the power supply of the heater, which produces fog for users to smoke. Its general structure includes smoke pole, smoke bomb, etc. Among them, the former is disposable consumables, while the latter can be reused.
Non combustible tobacco products
After the cut tobacco is heated by some special heating source, the nicotine, aroma substances and other components in the tobacco will volatilize to form gas for users to inhale through the mouth or nose.
Unlike the case of burning and smoking cigarettes, its heating temperature will not be higher than 50 ℃. Moreover, in the intermittence of suction, the tobacco cut is in non combustion state, so the harmful components produced by high temperature combustion cracking mechanism are relatively less.
It can be subdivided into electric heating, physical and chemical reaction heating and fuel heating. They all only need to heat the cut tobacco without burning it. By baking nicotine, the flavoring components are released.
5.The biggest advantage compared with traditional burning and smoking cigarette
Compared with the traditional burning and smoking cigarette, the biggest advantage of the new type of tobacco products is: first, because there is no need to burn when heating, it will not produce a series of harmful components such as tar, which is relatively less harmful to human body. At the same time, because it avoids the formation of "second-hand smoke", it will not pollute the external environment, and will not let others face the risk of inhaling "second-hand smoke". At the same time, it can effectively avoid legal disputes in this respect.
6.Common problems in legal supervision measures of new tobacco products
Although the new tobacco products have many advantages compared with the traditional burning and smoking cigarettes, they still belong to the category of tobacco products in essence. Therefore, it still has certain safety problems and has a certain degree of potential harm to human body. Therefore, in order to promote its healthy development, we must strengthen the relevant legal supervision measures. In particular, in recent years, in recent years, the development of new tobacco products represented by electronic cigarettes and heated non combustible cigarettes has been booming, which has brought huge problems to the supervision of the tobacco sector . Because many legal measures have the problem of "not keeping up with the times" in this respect, it is inevitable that some difficulties will arise. Due to the lack of legal supervision measures for new tobacco products, there will even be some illegal and criminal problems, seriously disrupting the normal order of the tobacco market.
Now we will specifically analyze the common problems in the legal supervision measures of new tobacco products:
Insufficient quality supervision
Now, new tobacco products in its growing development and a large number of production process, become a new economic growth point of the tobacco industry . However, there is a lag in the quality supervision, and there is often a lack of supervision.
For example, new tobacco products also have some harm to human health. Although this kind of harm is smaller than the traditional tobacco products, if these harmful ingredients are not controlled, then it is easy to seriously damage human health. Take chewing cigarette products as an example, which contains TSNAs (nitrosamines). Once the saliva in the same mouth produces chemical reaction for a long time, it is easy to form carcinogens, causing oral cancer, esophageal cancer and other malignant tumors. But at present, the quality supervision of new tobacco products has some deficiencies, some violations of laws and regulations still can not be dealt with in time. For example, many products generally have TSNAs components exceeding the standard in different degrees, which is undoubtedly a great hidden danger for the health of users.
Regulatory standards are not clear enough
At present, as new tobacco products are still new in China's tobacco market, there is a lack of relevant experience in the formulation of regulatory standards, so there is still a problem that regulatory standards are not clear enough. For example, the definition of domestic regulatory standards is mainly around the content of nicotine, tar and organic molecules. However, for some of the auxiliary equipment, such as micro electronic program and the temperature source of low-temperature cigarette, there is a problem that the regulatory standards are vague and lack of clear regulatory standards. This brings certain difficulties to the supervision work and affects the effective improvement of the supervision effect. This also provides opportunities for some legal loopholes and legal "edge ball" practices, leading to the occurrence of illegal business.
The consistency of regulatory protection needs to be improved
According to some data released by relevant departments, at present, the proportion of management in packaging, transportation and third-party transaction of new tobacco products in China is less than one third. In this way, it leads to the lack of coherence, centralization and regionalization. As a result, the practical effect of supervision is still unsatisfactory.
Sale of new tobacco products to minors
According to the relevant provisions of China's laws and regulations, it is forbidden to sell any tobacco products to minors. In the early days of the new tobacco products, due to the problem of "edge ball" in the legal aspect, some businesses, driven by commercial interests, are easy to exploit the legal loopholes and sell new tobacco products, such as electronic cigarettes, to minors. However, although the harm of new tobacco products to human body is smaller than that of traditional tobacco products, it is not without harm. However, due to the imperfect physical development of minors, the harm to their bodies is particularly obvious. Therefore, in August 2019, the relevant departments issued the circular on prohibiting the sale of electronic cigarettes to minors, which explicitly prohibited the sale of electronic cigarettes to minors.
However, in practice, the phenomenon of selling e-cigarettes to minors is still repeated. On the one hand, under the promotion of economic interests, businesses are willing to take the risk of illegal activities in order to generate income. On the other hand, due to the lack of supervision and even bribery and other malpractices in some regions, the practice of selling new tobacco products to minors has been "green light". This situation is also worthy of our high attention.
7.On the improvement of regulatory measures
Strengthen quality supervision
We need to further clarify the meaning of new tobacco products by means of law amendment. At present, "tobacco monopoly law" on the definition of new tobacco products, is still based on the definition of ingredients. It is suggested that we should improve the legislative level of the definition of new tobacco products, redefine the tobacco monopoly products, get rid of the category theory, and replace it with the component theory. The products containing tobacco, tobacco oil, nicotine and nicotine should be included in the category of tobacco monopoly products.
Strengthen the revision of relevant local laws and regulations
In the case that the definition of tobacco laws and regulations is not clear, the new tobacco products are included in the scope of tobacco prohibition in the form of local regulations from the perspective of tobacco control. It is forbidden to smoke new tobacco products in public places and to sell new tobacco products to minors. The sales volume of new tobacco products is forced to drop by reducing the ways of smoking and consumers.
Targeted to solve some common problems
(1) Strengthen the inspection on the standards of the industry, product quality and safety of the product. Once a product does not conform to the standard, it should be forced to withdraw.
(2) Strengthen the research on patents in this area, especially for private enterprises, mainly focus on utility model patents, and focus on invention patents. The private enterprises should pay attention to the development of new tobacco products.
(3) If the private enterprises in this field have good market recognition, they can also carry out multi-dimensional cooperation on the basis of complying with the standards of the tobacco industry, and ensure that the discourse power in this field is in the hands of tobacco enterprises.
At the same time, we should strictly control the related advertisements in this respect. At present, the advertisement of new tobacco products is dressed as "smoking cessation", "health care" and "harm reduction". However, it not only exaggerates the publicity, but also may damage the physical and mental health of consumers. Therefore, it is necessary to bring this aspect into the monopoly management and treat it the same as the traditional tobacco products. According to the advertising law, monopoly law and other relevant provisions, any form of advertising and publicity of new tobacco products is strictly prohibited, so as to effectively protect the personal health of consumers. If the industrial and commercial departments find the phenomenon of illegal publicity in the process of supervision, they should be investigated and dealt with according to the laws and regulations.
(4) We will focus on the sale of new tobacco products to minors. Focus on the special supervision and inspection of such phenomena, and resolutely clean up the occurrence of such phenomena.
Today, the state tobacco administration has successively issued the legal norms on monopoly management and license management, forming a complete set of mature regulatory system. The new tobacco products classified into the category of tobacco products can be directly applied to the existing laws and regulations. Therefore, there is no need to set up a new organization, which not only saves the cost of manpower and other costs, but also has ideal operation efficiency. At the same time, such regulatory measures are more satisfactory in terms of effect, which can largely control mass production and ensure the quality of products.
The new tobacco products are the new products of the "big family" of tobacco products. At present, its sales in China's tobacco market showed a normal trend. At the same time, its legal supervision has become a prominent social hot spot. Therefore, we need to constantly improve its laws and regulations, improve the supervision strength and effect, so as to effectively strengthen the supervision quality and protect the public rights and interests.