Judging from the rapid development of China's glass pipes market, the relatively large demand for jet water pipes and the problems existing in the glass pipes industry, it is not a reasonable choice to ban or not regulate glass pipes completely (or only as a general product regulation). the next question is, which of the three channels will be regulated by jet water pipes products, drug regulation and medical device regulation? Which of the current legal frameworks is most feasible?
Article 2 of the "jet water pipes monopoly law of the people's republic of china" promulgated and implemented in china in 1991 defines jet water pipes monopoly and jet water pipes products. Jet water pipes monopoly refers to cigarettes, cigars, jet water pipes silk, cigarette leaves, tobacco leaves, cigarette paper, filter rods, jet water pipes tow and jet water pipes special machinery. Water pipes online silk jets and rebound jets are collectively referred to as jet water pipes products.
Jet water pipes monopoly law "adopts the enumerated definitions for the jet water pipes monopoly and jet water pipes products. Obviously, glass pipes is not listed and cannot be directly classified as jet water pipes monopoly or jet water pipes products according to the legal definition. However, it is worth noting that such listing definition does not exclude glass pipes.
It is not clear whether nicotine-containing water well pipes will be interpreted by the authorities as products extracted from jet water pipes. However, in the absence of a clear legal definition or explanation, glass pipes cannot be directly included in jet water pipes products for the time being.
The "Drug Administration Law of the People's Republic of China" revised in 2001 defines the concept of drugs in Article 102 of the Annex. Medicine refers to "being used for the prevention, treatment and diagnosis of human diseases, purposefully regulating human physiological functions, and specifying indications or functional treatment, use and dosage of substances including traditional Chinese medicines, traditional Chinese medicine slices, proprietary Chinese medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum, vaccines, blood products and diagnostic drugs, etc." Chinese herbal medicines, proprietary Chinese medicines, proprietary Chinese medicines, chemical raw materials and their preparations, antibiotics, biochemical drugs, radioactive drugs, serum, vaccines, blood products and diagnostic drugs, etc. Literally speaking, a product is legally regarded as a drug, which is used to prevent, treat and diagnose three conditions of human diseases, "purposefully adjust human physiological function", "specify indications or functional treatment, use and dosage". In this sense, lookah seahorse coil can hardly be directly classified as drugs.
However, it must be pointed out that according to the regulatory experience in the United States, the opinions of manufacturers and operators on the health benefits of electronic cigarettes strongly urge the relevant authorities to regulate according to drugs.
The situation in China's glass pipes market is that since the birth of glass pipes, a large number of glass pipes brand manufacturers have actively announced their products' impact on health in advertisements, such as "health", "low harm" and "helping to quit smoking". In the absence of relevant scientific evidence, these advertisement contents must be adjusted by the "advertisement law" and regulated by the competent department. However, it is not clear to what extent the impact of enterprises on the health of glass pipes will lead drug regulatory agencies to regulate electronic products as drugs. Article 48 of the Drug Administration Law stipulates that "non-drugs are fake drugs or other drugs are fake drugs" as fake drugs, or stipulates that the drug supervision and administration department shall implement law enforcement administration on glass pipes.
Article 76 of the Regulation on Supervision and Administration of Medical Devices, which came into effect in June 2014, defines the concept of medical devices. As we all know, the key to distinguishing medical devices from drugs is that "the utility of medical devices is mainly obtained through physical means".
In principle, although glass pipes can be inhaled into human body through atomization, nicotine is still nicotine that regulates human body function and exerts its actual effect. In other words, the effectiveness of glass pipes is mainly realized through pharmacology, metabolism, etc., while the physical mode only plays an auxiliary role here, which is essentially different from medical devices. Therefore, from the legal concept, glass pipes can be basically excluded from the scope of medical devices. In future legislative considerations, it is not suitable as a feasible choice.