China regulators draft ban on e-cigarettes sold as medical devices

China's State Tobacco Monopoly Administration, State Administration for Market Regulation, and National Medical Products Administration have released a draft notice seeking public opinion on prohibiting the sale of e-cigarettes under the guise of other products.

The draft specifies that nicotine-free e-cigarettes are classified as counterfeit. It clarifies that atomizers used to create aerosols for inhalation are considered e-cigarettes and must be managed under existing e-cigarette regulations rather than as medical devices.

Key prohibitions in the draft include:

- Selling e-cigarettes labeled as medical devices or food products.

- Using existing medical device or food production licenses to manufacture or sell e-cigarettes by altering product structures or scopes.

- Illegal e-cigarette sales and advertising via the internet. Internet platforms are tasked with implementing self-cleaning mechanisms to remove illegal information and advertisements.

Regulatory departments will strengthen oversight to ensure medical device and food production licenses are not used for e-cigarette manufacturing, with criminal prosecution for serious violations.