A guideline to legislate sales of vape products laws and regulations for People’s Republic of China (focused on public health and economy)

Sion Park

Abstract：The vape industry is currently almost unregulated in the Peoples Republic of China， with only restrictions from online sales and advertising on mass media prohibited. There is undoubtedly a growing need to properly regulate the industry because of its economic and public health significance， this work will explore the background and significance of such legislation， as well as analyze the legislative efforts of other countries and propose guidelines for future legislation and subsequent regulation of the vape industry. To legislate new laws considering increased manufacturing and consumption of vape products domestically， it must also consider the effects any legislature may have on the export of these products. These laws must ensure that these products are safe for consumption and not within reach of the countrys underage population. Emission standards must be set and enforced， with all ingredients certified for consumption through atomization and subsequent inhalation. Efforts must be made to promote the use of vape products to reduce the number of traditional cigarette smokers in the country， and thereby reducing the economic burden of smoking related illnesses， this policy must be evident in the taxation policy adopted by the Chinese government which must incentivize vaping. Despite recent fluctuations in public opinion， e-cigarettes or vapes are much safer than conventional tobacco-based cigarettes and China plays an immense role in its global market. All legislation made must be intended to reduce the risk to public health while not damaging Chinas economic interests.

I. A brief history of Vape

1.1 Origin

In recent times the use of Vape has become increasingly more common， in this thesis the term ‘vape is taken to mean any form of device， which vaporizes liquid chemical compounds as an alternative to smoking. The records of the United States patents document the first mention of vaporizing volatile liquids as far back as the 1930s， for instance in a couple of patents appearing in 1934 and 1936 described a therapeutic apparatus that functioned by “transforming volatile liquid medicaments into vapors or into mists of exceedingly fine particles”.

The first patent application for a device resembling a modern vaporizer was submitted by Herbert A. Gilbert in 1963 and subsequently granted in August 1965.

This was the first instance describing a device that used a battery powered vaporizer， which aimed to “provide a safe and harmless means for and method of smoking by replacing burning tobacco and paper with heated， moist， flavored air.” However， this patent was never put into production and was left unrealized. In 2003， a Chinese pharmacist by the name of Hon Lik， who had previously served as the deputy director of the Chinese medicine institute in Liaoning， submitted a patent for an electronic atomizer. In 2004 the schematics from the patent were used to develop a prototype E-cigarette product and distributed throughout China by the Ruyan limited. Ruyan limited went on to patent their device in the US by 2013， describing their product as “an electronic atomization cigarette that functions as substitutes （sic） for smoking cessation and cigarette substitutes.” （U.S. Patent No. 8，490，628 B2， 2013）.

The E-cigarette developed by Ruyan limited was the first of its kind to be produced with the purpose of large-scale commercial consumption， however， Herbert A. Gilbert was the first to envision such a device， the fact that the eventual device put into production by Ruyan limited was designed by Hon Lik means that invention of the vaporizer， AKA Vape or E-cigarette is attributed to China.

1.2 Development

1.2.1 Device structure

Vape devices cater to ever changing consumer demands resulting in an evolution from cigarette like devices to larger， bulkier and almost futuristic atomizers. There has been a conscious effort in terms of design to make an impression that vaping is not the same as smoking and this has resulted in vapes being produces in an incredible number of shapes and sizes. However， in this study we categorize vapes into 4 generations based on how vapes changed according to time and in response to consumer demands.

A typical vape operates by vaporizing an e-liquid， usually stored in a tank of variable size. The vaporization is made possible by the use of an atomizer， which is powered by a battery. Usually the e-liquid would soak a material， such as cotton， which would be placed above the coil. The e-liquid itself would be stored in a tank or placed onto the cotton manually by the use of a dropper.

1.2.1.1 First Generation

The first generation of vapes were very similar to filtered cigarettes in appearance （fig.4）， this gave rise to the term e-cigarettes. These e-cigarettes utilized an electronic nicotine delivery systems （ENDS）， and they appeared to be the same regardless of the manufacturer. Even though the term e-cigarette implies that they contained tobacco， this was not always the case， even though their appearances were near identical， the liquids contained within varied. The vapor generated by these devices is comparable to the smoke generated by cigarettes.

1.2.1.2 Second Generation

Unlike the first generation of vapes which looked like cigarettes， the second generation took the shape of pens （Fig.5）. These vapes were comparatively larger in size in relation to the first generation， this was due to the fact that companies started to incorporate buttons in to the vapes and were outfitting these vapes with larger batteries so that the devices could be used for one or two days on a single charge. The larger batteries installed in these devices meant that they were capable of creating a larger amount of vapor than the e-cigarettes， however， the design was still relatively simple and did not differ from the first generation vapes significantly. It is worth noting that for the first time the term vape pen appeared and was commonly used thereafter to refer to vapes.

1.2.1.3 Third Generation

Most vape devices in use currently could be categorized as third generation vape devices and are characterized by the huge quantities of vapor they can produce. These advanced vaping devices were manufactured with the possibility of regulation and mechanical modification. The vapes produced in this generation can be broadly classified as regulated （fig.6）， mechanical （fig.7） and closed system vaporizers （CSV） （fig.8）. CSVs are the simplest form without any buttons or room for customization aimed at the most basic user and the nature of the closed system only allows for smaller quantities of vapor. Mechanical and regulated mods are vapes that allow the user the ability to build their own custom devices by selecting the atomizers， batteries etc.， allowing for the production of ever-increasing amounts of vapor. However， regulated mods have inbuilt safeguards that keep the device from overheating or even exploding. Mechanical mods are free of regulation and could be termed as unlocked allowing the user to push his device to the limit but at his or her own risk.

1.2.1.4 Fourth Generation

Fourth generation vapes are ultrahigh-end devices which utilize low ohm coils and have introduced dual airflow， however it may be similar in appearance to third generation vapes but with vastly superior hardware under the hood. These vapes are for enthusiasts and not for the average consumer due to the difficulty of operation and the costs associated with such devices.

1.2.1.5 Unusual variants

Vape devices are easy to build and modify， with DIY kits becoming more and more common. This has given rise to a large variety of unique types of devices， detailing all of which is outside the scope this work. An example of such a uniquely designed vape is the heated tobacco unit. It uses electricity to heat directly heat the tobacco， much like how one smokes a pipe. Since it utilizes tobacco leaves themselves and not tobacco extracts， it cannot be termed as a Nicotine Replacement Therapy （NRT）.

1.2.2 E-liquids

E-liquids are consumable chemical compounds designed to be used in vapes as an alternative to traditional tobacco based combustible cigarettes. E-liquids are readily vaporized when used in conjunction with an atomizer， giving the consumer an experience similar to smoking. A typical e-liquid is made up of three major components （Table 1）： a solvent， flavoring and nicotine， however some e-liquids are nicotine free. The main solvent used is Vegetable Glycerin （VG）， but is commonly used with an additive known as propylene glycol （PG）. The main purpose of the solvent is to provide a medium to deliver the nicotine and flavorings to the consumer， it achieves this by rapidly changing from a thick liquid to fine vapor when encountering high temperatures in the atomizer. The role of the flavoring is to make the experience a pleasurable one while nicotine content is necessary in order to provide chemical stimulation. In 2014 Zhu et al measured the number of e-cigarette brands at 466， with 10 new brands and 242 new flavors appearing each month.

The typical components of an e-liquid are described in detail below：

1.2.2.1 Vegetable glycerin

Vegetable glycerin （VG） constitutes the largest part of an e-liquid， making up about 70% of the volume and is an organic compound extracted from plant oils， which has many common uses outside of the vaping domain， such as in the cosmetic， food and pharmaceutical industry. Even though it is possible to produce an e-liquid with VG alone， it is normally found in conjunction with Propylene glycol （PG）. The role of VG is to produce large quantities of vapor， which delivers the rest of the components to the consumer. VG is widely used in skin products due to its moisturizing nature and has therefore been studied extensively and is yet to proven harmful for human inhalation.

The vegetable glycerin （VG） and PGs mixing ratio is essential producing a good vapor， if the mixture is high in VG content， then vaporizers can make more vapor through atomizers and its viscosity also rises， furthermore， it gives soft feelings to the users. The role of PG in the mixture is important as well， since it gives a punching-throat effect， making the flavors more vivid and watery. The VG/PG ratio in e-liquid varies from product to product， it would be interesting to investigate the role of different ratios in pulmonary diseases to assess the risk of these products.

1.2.2.2 Propylene glycol

Propylene glycol （PG） is usually the second largest component in terms of proportion， making up approximately 30% of the total volume of a typical e-liquid. Unlike Vegetable glycerin， an e-liquid cannot be based on PG alone. PG is used as an additive that enhances the vapor by adding moisture， texture and delivers as punching-throat effect， while also adding to the overall volume of the vapor. The use of PG is not limited to the vaping industry and it has been used in a similar capacity to VG in the pharmaceutical， cosmetic and food industries. PG is a volatile substance that readily vaporizes when heated， the health risks presented by the inhalation of the vaporized products of VG are unclear， but so far， no adverse effects of the molecule have been observed in living things toxicologically.

1.2.2.3 Nicotine

Nicotine is a major component of cigarettes and a natural alkaloid， recently used therapeutically to help with smoking cessation. Nicotine is a naturally occurring substance that can be extracted from plants of the Nicotiana genus of the Solanaceae family. Traditionally tobacco leaves have been used in cigarettes， cigars， pipes and hookahs etc. The chemical component responsible for the addictiveness of cigarettes is nicotine， however most of the negative side effects of smoking have been attributed to tar， benzene and dioxin etc. Nicotine extracted from tobacco has been shown to have carcinogenic properties， however synthetic nicotine has been demonstrated to be safe. Overconsumption of most things can cause harm， this remains true for nicotine as well. An overdose of the substance be fatal， however the quantities required for such an overdose are nowhere near what is normally consumed. It must be noted that nicotine is a highly addictive substance， with no real benefits. Studies show that nicotine does not increase an individuals mental capabilities or consumption of nicotine does not result in higher performance. Nicotine addiction can result in a state of low performance that is only returned to normal upon the consumption of nicotine， which fuels the myth that nicotine has a performance enhancing effect.

The kinds of nicotine in use today may be classified into four major types， namely： TFN， Stem Nicotine， Natural nicotine， Salt nicotine. TFN is chemically synthesized in the lab， while stem and natural nicotine are extracted from stem and leaves of the tobacco plant， which have tobacco-specific features unlike TFN. Salt nicotine is a chemically processed derivative of nicotine that can be produced from any type of nicotine， however it permeates quicker than other types due to a slight difference in molecular structure.

There are no concrete studies looking into the distribution of the market share of the different types of nicotine， however， tobacco plant extracted nicotine is used in the past， but the emergence of TFN has created competition for tobacco nicotine， this is due to the fact that TFN is synthetic as well as much safer than tobacco extracted nicotine plants. Newer consumers often opt for TFN instead of tobacco extracts and the popularity of TFN is steadily rising.

Tobacco is heavily taxed in most countries， where tobacco is usually defined as ‘tobacco leaves and does not account for tobacco extracts. Since the legislations do not account for tobacco extracts， manufacturers have been successful in avoiding taxation all together with products such as stem nicotine.

Traditionally the greatest risk associated with smoking is cancer， tobacco extracted nicotine still retains some of the chemical compounds that have been previously associated with the condition. Specifically， tobacco extracted nicotines emit Tobacco-specific N-nitrosamine （TSNA）， N-nitrosonornicotine （NNN） and 4-（methylnitrosamino）-1-（3-pyridyl）-1-butanone （NNK）. TSNAs， are considered as Category One carcinogens and their consumption greatly increases the risk of cancer. Tobacco companies have made efforts towards reducing the amounts of TSNA and NNN in cigarettes， however， since these are naturally occurring substances in plants it is unreasonable to expect them to be removed completely. Additionally， these products are not only carcinogenic but have also been reported to form adducts with molecules within the body， causing tissue and possibly organ damage， however the link between NNK， NNN and adduct formation as well as the added the risk of causing cancer is yet to be proven. These substances can stay in the body for a certain period of time before they are removed， further study is required to determine the effects these compounds have on the body.

Tobacco Free Nicotine （TFN） is a synthetically manufactured nicotine that is most commonly used in the production of NRT. Even though tobacco extracted nicotine is also used by many manufacturers， TFN is a suitable substitute for naturally occurring nicotine. To date studies have not found a link between TFN and cancer， therefore it is safe to assume that the synthetic alternative is safer. Assuming an e-liquid contains TSNA， its concentration is much lower than that of cigarettes and is not accompanied by other damaging substances such as tar.

1.2.2.4 Flavorings

The exact number of flavors available in the market today would be practically impossible to quantify. Vape liquids do however use the same substances as groceries to add flavors to the aerosols. A few examples of such substances are TFA， TPA and Capella， even though these substances are approved as food additives， the effect of atomization on their chemical structure and the health risks they pose have not yet been studied in sufficient detail.

Even though the effects of these flavorings on human health have not been well studied， it is known that they contribute to increased aldehyde emissions when compared to smoking. A study comparing emissions from cigarettes， flavored and non-flavored vape liquid by Konstantinos et al in 2008 show that vaping resulted 5 to 31， 191 to 528 and 25 to 193 fold reduction in formaldehyde， acetaldehyde and acrolein， respectively. This represents a 79.0–96.8% reduction in formaldehyde， 99.5–99.8% reduction in acetaldehyde and 96.0–99.5% reduction in acrolein exposure from Electronic Cigarette （EC） use （5g/dL concentration） compared to smoking 20 tobacco cigarettes. Flavored ECs， however displayed up to 24-fold higher levels of formaldehyde emitted compared to tobacco cigarettes， even though acetaldehyde ～ 27% lower and acrolein ～ 28% lower compared to tobacco cigarettes （20 Cigarettes/day）. Consumption of vape liquid can reduce the exposure of formaldehyde， acetaldehyde and acrolein when compared to regular cigarettes. However， the use of flavored vape liquid can actually increase exposure to formaldehyde. It must be noted that the emissions meet the safety specification criteria imposed by the World Health Organization， European Union and the National Institute of Occupational Safety and Health for indoor conditions. Aldehyde emissions are carcinogenic but are fairly common， as they exist in most products in use today and they only slightly increase the risk of cancer. Regardless of how small a risk they pose， it would be wise to formulate standard testing regulations for inhalation of aldehydes and issue certificates for flavoring products for safety for vape use， this would act as a quality control， preventing future outbreaks of pulmonary diseases.

II. Public health and economys significance as to legislation

2.1 Legislation and public health

There is precedence of legislation made in the interest of public health， legislation made in order to control or discourage the use of cigarettes is a prime example of such legislation. Cigarettes affect both smokers and non-smokers through second hand smoking. Laws were made banning public smoking and indoor usage to minimize the effects of smoking on non-smokers. Advertising of cigarettes have also been prohibited to discourage young individuals from taking up the habit. Since e-cigarettes are a comparatively new invention and similar but sufficiently different from traditional cigarettes， new statutes must be drafted to regulate them.

Governments are responsible for the health of their citizens， the World Health Organization is a global watch dog for public health， which China became a member of on April 7th， 1948. Article 50 of the Chinese constitution mentions public health services. There is precedence of legislation made in the interest of public health in Chinese law， such as the Medical Health Law and Food Safety Law etc. Provisions for controlling smoking of tobacco made products have been made in chapter 4 of the Healthy China Movement. The Chinese government has also been investing heavily into diagnosis， treatment and management of public health problems.

Regulation of Electronic Nicotine Delivery Systems （ENDS） has been under debate since 2005， with the public health community calling for regulations. However， the varied nature of ENDS makes it extremely difficult to make unified guidelines that can be implemented globally， the matter is currently under consideration at the WHO as well.

Law plays a huge role within the public health sector， with new legislation introduced regularly when needed. These laws are a prominent intervention tool to maintain overall public health， it is therefore imperative that legislations be made in regard to ENDS regulations， as it impacts both public and economic health of a country.

2.2 Legislation and economy

The state is responsible for developing a countrys economy， it does this by creating policies that protect the countrys interests. China is no different in this regard， as it has created many market regulations that benefit its economy， which are sometimes in stark contrast with policies of western countries. For instance， the Chinese government has exercised a degree of control over its market， selectively allowing foreign companies to enter its market. The policies vary from sector to sector， for instance there is a limitation of foreign car companies operating in China， which helps china to develop its own car industry and protect its market. Companies allowed to operate within china are encouraged to ‘cooperate with Chinese entrepreneurs and share certain amounts of stocks inside of the nation.

The development and protection of the economy is a priority for nations all over the globe and China is no different in this regard. The Chinese focus on economy is reflected in the fact that the preface of the constitution uses the word ‘economy 60 times， this shows how important the economy is for the Peoples Republic of China. Article one， provision three of the constitution states that ‘The constitutional laws principle should be followed in legislative law， have economic development be centered， ….， while the word economy has been mentioned 16 times in legislative law. As long as the Chinese government directly mentions economic aims in its legislative objective guidelines， policies and legislation would be motivated by economic factors.

In an attempt to discourage smoking， governments have banned advertising and increasingly taxed the tobacco industry. Tobacco manufacturing and distributing enterprises often have connections with the government which can be either direct or indirect. In China all tobacco related manufacturing and distribution come under the umbrella of China Tobacco. Smokers make up about 28% of Chinas 1 billion adult population，  which makes the tobacco business extremely profitable. The government generates a significant amount of revenue through the tobacco industry， for the year 2018 China Tobacco paid the government approximately $140.5 billion （1 trillion RMB） as tax. The income generated from tobacco made up approximately 7.2% of the total tax revenue generated by the Chinese government in 2018 （appx. 13.8 trillion RMB）， which signifies the importance of the tobacco industry to the state.

As stated above， the revenue generated by the tobacco industry for the state comprises of a critical portion of total revenue. However， smoking incurs indirect costs that may be much higher than the revenue generated， the most prominent of these indirect costs is health care. Nicotine addiction is widespread and is a problem that will take many years to solve， however if there were to be a way to reduce health care costs while keeping the revenue from taxation of tobacco products， this would be a win-win situation. Vapes provide a useful alternative to traditional smoking without the widespread health issues caused by first-hand and second-hand smoking.

The health issues caused by smoking are well documented， currently the death toll as a result of smoking is more than 1 million persons per year， which only takes account first-hand and second-hand smoking. Researchers are looking into the effects of third-hand and fourth-hand smoking as well， with ever-increasing reports of their hazards. It is now clear that smoking of traditional cigarettes makes the environment around the smoker extremely hazardous to health.

Total health care expenditure for China for the years 2003 and 2008 were $17.1 billion and $28.9 billion respectively. Cost attributed directly to smoking related health issues were $4.2 billion （2003） and $6.2 billion （2008）， respectively. However， the total economic loss was estimated to be much higher， $12.9 billion （2003） and $22.7 billion （2008）. These figures show that the revenue generated through taxation of tobacco products is relatively small compared to the overall economic cost of smoking via hospital bills， disability and even death.

The economy of china is not reliant on taxation of tobacco alone and the costs of tobacco addiction in the currently population is considerable. It is possible to reduce the direct and indirect economic costs of smoking while retaining the revenue generated by taxation of tobacco products if Vape or ENDS products were promoted. This would make nicotine consumption safer and benefit the population as a whole.

III. Health issues and scientific facts

3.1 Direct factors to individual health

3.1.1 Nicotine Overdose

Nicotine is a chemical substance; an overdose of nicotine could theoretically lead to death if nicotine blood concentration reaches a concentration of 4mg/ml in plasma. The average vape liquid bottle contains between 0 and 36 mg per milliliter. These liquid bottles or pods can last for days， as nicotine delivery depends on inhalation speed. Furthermore， not a hundred percent of nicotine contained in the liquid is absorbed. There is a research shows the percentage of nicotine in plasma after vaping 18mg/ml e-liquid 10 times within 5 minutes， after puffing plasma nicotine levels rose up from 2.1 ± 0.3 ng/mL to 7.9 ± 0.9 ng/mL then it went up to between 10.1 ng/mL and 48.1 ng/mL within 65 minutes， it means more than 80-fold less than the lowest tolerance individuals， so it takes at least 800 puffs within 2 hours in order to induce seizures due to nicotine overdose. It is highly unlikely to reach these levels in general cases， unless a vape liquid containing much larger concentrations of nicotine were to be produced and the consumer deliberately attempted to overdose. However small the risk， nicotine concentrations in vape liquid should be regulated to ensure that nicotine overdose never occurs.

3.1.2 Mechanical Failure

Vape devices have been known to explode， but the rate of incidence is quite low， the incidents that do occur are due to the batteries， which are widely used in appliances. This shows vape devices can be controlled and if manufactured according to specification are not risk to society， just like any other battery containing product. It is worth mentioning that the most modern vape devices contain safety chips that are specifically designed to stop overheating and subsequent explosion of the device.

3.1.3 Trace Metals

Reports of trace quantities of metallic elements have been known to be present in vapor produced by vape devices， this is a new phenomenon that was not present in traditional cigarettes and their presence is attributed to the use of metallic coils in the atomization process. Analysis of famous vaping brands in the United states showed traces of the metals cadmium （Cd）， Chromium （Cr）， Lead （Pb）， Manganese （Mn）， and Nickel （Ni） to be present in the vapor produced by their products. A further 15 similar metals were detected from vape devices used tanks， it is clear that tanks and metal coils are responsible for these trace element emissions greatly more than the vape liquid themselves. Increased levels of trace metal emissions have been associated with device power and apparatus type as well， with open system vaporizers shown to have higher metal emissions when compared to CSVs. Since the source of metal emissions are the atomizer and the tanks， strict quality control guidelines should be put in place by governments to keep the manufacturers from using low grade materials that would increase these emissions.

3.1.4 Chemicals

Other than those mentioned above， depending on the vape liquid used， a large variety of chemicals can be present in the vapor. The most common chemicals are aldehydes that may be produced from the flavorings but are mainly produced by atomization of the carriers （PG and VG） and are considered safe for human consumptions by a number of studies. Furthermore， chemicals such as tobacco alkaloids， polycyclic aromatic hydrocarbons （PAHs）， cresol， volatile organic compounds （VOCs）， phenolic compounds and even drugs such as amino-tadalafil and rimonabant can be found in vapor produced by vaping.

There are an extremely wide variety of vape liquids available， which gives the consumer a large degree of freedom to consume whatever he may wish. The open system vaporizers can give further freedom as they are capable of vaporizing almost any liquid material that is inserted. This can lead to health issues， for example a recently an outbreak of lung-illnesses in the united states. Vape users inhaled THC and tocopheryl acetate， resulting in the pulmonary outbreak. THC is a narcotic substance that is banned in china， where is unlikely to be publicly available. However， tocopheryl acetate is a substance that is widely used in cosmetics and as a vitamin supplement and is not known to be hazardous to human health but it has never been tested for inhalation and the effect it has on lungs. A study by the New York state department of health has shown that when inhaled the oily nature of tocopheryl acetate can affect pulmonary function. Similarly， other substances previously thought of as safe need to be double checked for safety when inhaled as inhalation is a

different delivery method from the method they were approved for and the target tissues are different from those that studies have proven the chemicals to be safe.

3.1.5 Summary

Particulate emissions from ENDS， inclusive of the chemical and metal emissions mentioned above， are within the same range of emissions from conventional cigarettes （100-600nm）. Except for the cases of THC and Vitamin E abuse， there are no further pulmonary disease outbreaks associated with vape use. Furthermore， like it was mentioned before the use of cannabis products for recreational use is banned in china and a repeat of the pulmonary outbreaks due to THC vaping in China is highly unlikely. Other substances such as vitamin E acetate would have to be regulated however， as they are available in the open market. Technically any substance can be inhaled by atomization in a vape device， so the health hazards are present. The chemicals used in the vaping industry will have to be tested in labs and legislation must be made to implement standards so that the risk of future outbreaks is reduced.

3.2 Public health

3.2.1 Secondhand smoking

A major issue with traditional cigarettes is that not only does it harm the health of the smoker， but also the those around him as they inhale smoke from the cigarettes as well. This is termed as second-hand smoking， recently concerns of third and fourth-hand smoking have also been raised as the smoke has been shown to linger in the environment and cause harm to those around it. The smoke would be absorbed by fabric in clothes， carpets and curtains etc. and continue to emit dangerous carcinogenic chemicals into the air.

One of the most attractive aspects of electronic cigarettes is the fact that the chemicals emitted from them can be controlled. Since e-cigarettes contain nicotine， it is inevitable that bystanders would inhale low levels of nicotine unwillingly， but not the other harmful substances that usually accompany nicotine in cigarette smoke. Nicotine by itself is fairly harmless， e-cigarettes are a new trend globally and many other studies need to be conducted to determine the long-term effects of vaping to consumers and those around them.

3.2.2 Decrease of conventional smokers

Vaping presents not only a substitute for conventional cigarettes but can also be used by smokers to quit the habit. The popularity of vaping is increasing globally， the United Kingdom is one such country where vaping has become more common. The National Health Services （NHS） of the United Kingdom recently released a report which stated that “An estimated 2.9 million adults in Great Britain currently use e-cigarettes and of these， 1.5 million people have completely stopped smoking cigarettes”. It also suggested that vaping is a powerful tool that could be used to influence people away from cigarettes which are toxic in nature. The report also had a negative aspect as it claimed that e-cigarettes could act as a gateway for the impressionable people to traditional cigarettes. It appears that government policy towards e-cigarettes needs to be well thought-out in order to avoid negative consequences.

Research shows that e-cigarettes have been greatly affecting in aiding smokers quit smoking， especially if nicotine was present in the e-liquid. The English government organization， NHS claims that nearly 3 million smokers attempted to quit smoking with the use of e-cigarettes as a substitute to smoking. Of the 3 million， more than half are now smoke-free， with approximately least 22，000 smokers quitting each year. Additionally， Public Health England （PBE） claims that if social services were to recommend the use of e-cigarettes to help smokers quit smoking， more people would be likely to successfully quit the habit.

According to a survey， smokers attempting to quit chose e-cigarettes as an aid more often than alternatives. A randomized control trial published in the New England Journal of Medicine comprising of 886 participants attempting to quit smoking， showed that e-cigarettes were twice as effective at achieving 1-year abstinence when compared to NRT （18% vs 9.9%）.

Based on the above， e-cigarettes have helped reduce the overall number of smokers globally. Additionally， e-cigarettes are more likely to keep smokers from taking up the habit again when under stress. Governments， health and social service institutions need to consider officially sponsoring the use of e-cigarettes， at the same level of NRTs， while also issuing quality-check certificates that would increase the peoples confidence in e-cigarettes.

IV. Economic value

4.1 China as a leading country of producing vape products

The global vape market was valued at only $20 million in 2008 and grew rapidly to a total value of $7 billion in 2014. Since then it is growing at a steady rate world-wide， China is currently the undisputed world leader in the manufacturing of vapes and vape related products with over 90% of these products being produced in China. Additionally， domestic consumer growth rate in china is high as well， which was 3.4% in 2014 and has been increasing by more than 100% each year. At this rate e-cigarette consumption will soon exceed one third of the overall smoking market space， with every 1% growth in market share equating to an increase of about $5 billion in economic value. These economic gains are expected to be long standing as nicotine products are highly addictive and that trait in itself ensures the safety of the market in the future， the added benefit of e-cigarettes is that they do not kill off consumers at outrageous rates as traditional cigarettes do， making it a comparatively more profitable and healthier market. The above shows that it is in Chinas best interest to promote e-cigarettes over traditional cigarettes for the economic benefits that come with a healthier alternative.

It is worth nothing that the above are profits from manufacturing only， taxation could bring further profits to china， since the vape liquids come in a variety of qualities and there are many premium products that are many times more expensive than regular vapes. Taxation on vape devices， replacement parts and liquids could no doubt provide a steady stream of income for the government if it were to draft legislation to do so.

4.2 Anticipated reduction on health-care budget

If e-cigarettes were to replace conventional cigarettes and take over the smoking market， it would reduce the economic burden of smoking， as there would be a reduction in diseases such as cancer and coronary heart disease to name but a few. Quantifying the expected reduction of health care spending by the state in this situation is difficult， however， according to the PHE vaping is at least 95% less harmful than traditional tobacco products. If we were to assume that 95% less harmful would result in 95% less spending， then China would have saved $16.245 billion and $27.455 billion in the years 2003 and 2008 respectively， just by the shift from traditional smoking to e-cigarettes.

The above estimates are extremely rough and the reduction in health costs would vary from country to country. Developed countries such as the United States spend more money on health， as medicine costs and doctors fees are much higher in the U.S， while less developed countries for the most part cannot afford the best medicine and the doctors are paid relatively less， also many illnesses are simply not treated and ignored in developing nations. For a country like China， which is fast emerging as a superpower， it makes more sense to embrace e-cigarettes as it will help reduce the massive amounts spent on public healthcare.

V. Advanced countries law

5.1 Other countries law

Currently there are 195 countries in the world， of which not many countries are able to focus on the social and environmental needs of their citizens， especially countries that belong to the developing world do not have the surplus economic power to enrich the lives of their people and cater to higher needs and are therefore focused on necessities， rather than luxuries.

Many indices can be used to determine whether a country should be classified as a developed country or not， such as the countries GDP. However， in our analysis we chose to categorize between developing and developed nations using the Social Progress Index. Only nations with sufficient social and economic progress would have access to vape products， therefore these nations would be the ones who are more likely to enact legislation from such products. The top countries in the world based on the social progress index are as follows： Norway， Sweden， Switzerland， Iceland， New Zealand， Canada， Finland， Denmark， Netherlands， Australia， United Kingdom， Ireland， Austria， Germany， Japan and the United states. The chart below has been extracted from research papers by Kennedy et al and Snowden et al， it summarizes the vape related legislation in the aforementioned countries.

5.2 Legal issues of nations

There are many complications when one considers the case of e-cigarettes， even the categorization of ENDS is up for debate， with nations categorizing them as tobacco products， consumer goods， poison and even medicine. If e-cigarettes were to be defined as medical products， it would be easier to control them， however， with the exception of nicotine nothing in e-liquid can be considered a medical product. It doesnt help that cigarettes， the notorious cousin of e-cigarettes， has a classification of its own （tobacco products） and it is hard to separate e-cigarettes from this category.

Another major complication with legislating e-cigarettes is there are relatively few studies that would provide the basis for informed legislation. Even if they are relatively safer than traditional cigarettes only time will tell if they are truly beneficial to society or jeopardize citizens health. In this situation it may be best to apply existing tobacco related laws to e-cigarettes until new data is available， however， this may be too conservative a measure as they only have one common feature， which is the consumption of nicotine through inhalation.

Finally， proper classification of these products is an issue that needs to be addressed immediately as there are many forms and variations of vape and its related products. It is essential that governments differentiate between these variants and enact legislation accordingly.

5.3 Problems of precedent cases in law making and society

Initially the public community strongly believed that vaping was comparatively less harmful than cigarettes， however， this has slowly been changing. A study conducted by Huang et al  investigated this shift in opinion and their results are summarized in the table below：

The results of the study show a decrease in people who believed that Vaping was less harmful than cigarettes， while displaying an increase in proportion of people that believed that vaping was as or more harmful than cigarettes. It shows that the trend is towards thinking vaping is more harmful overall， however a vast majority still believe them to be less harmful than cigarettes.

The conflict between scientific reports and public opinion may be due to the time it takes for scientific publications to become public knowledge， while sporadic reports of lung disease outbreaks wrongly associated with e-cigarettes affect public opinion greatly. Even though it was later scientifically proven that these lung injuries were not cause by e-cigarettes or vaping， instead caused by the use of the drug THC which is extracted from cannabis， the damage to public opinion is significant as well as irreversible. Further confusion is created by the fact that marijuana can be obtained legally in the united states， so it may be permissible to use marijuana there， but not everywhere else in the world.

The classification of vape products is also a cause of much confusion， for instance， Sweden first defined it as a medical product， after which it completely disappeared from the market as the drug regulatory authority of the nation was in control of its distribution. Subsequently the Swedish government changed its classification to consumer goods， the legislative body attempted to pass a bill that would apply the European Unions Tobacco Products Directive （TPD） to e-cigarettes， effectively banning the product. Fortunately， the bill was never passed.

Before all others， theoretically laws are tools for stabilizing society， while maximizing the degree of freedom for those who live within the aforementioned laws. However， China is home to different ideologies when compared to the free-world， but ideological differences essentially cannot apply to things such as product quality control， instead could apply to constitutional aims etc. Thus， regardless of the difference ideology between nations， for the purpose of this work all countries can be considered as samples for this study and debating the terms and conditions of legislation differences due to different ideologies of governments between other countries and China falls outside the scope of this study. This study focuses instead on how to legally administrate and regulate the product in question.

In this regard， Vape law legislation would be best made in light of precedents made by the global community rather than debating individual freedom and its limitations. Vape and related vape products should by no means be classified as narcotic or hazardous in any way， as to date it has been proven to be safe. Therefore， if Vape products are not classified as a new category， it should be grouped together with cigarettes， which would make sense since they are similar products and e-cigarettes originated from conventional cigarettes.

VI. China

6.1 Unregulated e-cigarettes

Up until very recently， China exerted almost zero control over the vaping industry. On the 1st of November 2019 both the State Administration of Market supervision and the State Tobacco Monopoly Administration issued regulation that restricted online sales of vaping products. The motivation behind this restriction was to curb sale of these products to underage children， as well as lay the groundwork for future e-cigarette related legislation.

It may be too early to say ENDS are major products in the Chinese cigarette market but they have been growing exponentially for years and seem destined to become a giant. It is also worth noting that China produces almost all of the worlds vape related products， the statistics can be seen in previous chapters， and a large number of people in china depend on this industry to make ends meet. The size of the domestic market is also steadily increasing which boosts the health of the industry as a whole， however if proper laws are not made to ensure the health of the vaping industry many people may end up losing their jobs and if quality control is not placed upon the manufacturing process then public health expenditure may increase.

The number of workers working in the tobacco business in china are staggering. The China Tobacco Monopoly Company has 33 provincial Tobacco Monopoly Administrations （provincial tobacco monopoly subsidiary corporations）， 16 industrial companies， 57 cigarette industrial enterprises， more than 1，000 commercial enterprises， taken together totaling to over 510，000 employees.  Moreover， over than 20 million people in China are directly connected to the tobacco industries， including 1.3 million farmers and their families and 5 million retailers， which are supervised by the Monopoly Administration. The number of workers would more or less remain the same irrespective of how much market-share were to be lost to the ENDS or the vaping industry. With the transition away from traditional cigarettes towards alternatives like e-cigarettes or vaping inevitable， if the Chinese government does not draft legislation to oversee this transition， it could be to the detriment to both the health and economic conditions of more than one million workers and a trickledown effect on the health of the general public.

6.2 Approaches needed

6.2.1 As a pharmaceutical commodity

According to Peoples Republic of Chinas medicine management law article 1 provision 2 which states that “the medicine this law defines is a product which can prevent or treat a diagnosed persons disease， which has a purpose to control physiological functions and certain indications or curing features， a material that has usage and dose， including Chinese medicines， chemical medicines， bio-products and etc.”

Currently， the only chemical contained in vape vapor that could be considered a medicinal compound is Nicotine. In order for e-cigarettes to be categorized as a pharmaceutical commodity， the manufacturer would have to claim that is used as an NRT， this would be legally viable， however the Chinese State Food and Drug Administration （CFDA） currently does not define ENDs products are either pharmaceutical nor medical.

A recently article published in the International Journal of Drug Policy investigated the advantages and downsides to regulating electronic cigarettes as medicinal products. It delved into the matter with great attention to detail， however we will only present a short summary of the papers findings here. The authors presented four advantages of regulating e-cigarettes， namely： “1） Generally， the highest standards for the protection of public health， 2） Well-established regime， concepts and standards， 3） The ability to advertise non-prescription medicines to both members of the healthcare professions and the general public， provided that the advertising is consistent with the marketing authorization， 4） No health warnings on packaging or restrictions on comparative safety claims， provided that the advertising is consistent with the marketing authorization.” （Pasquale Caponnetto et al ， 2015， p.556） The four dis-advantages identified by the authors were as follows： “1） Extensive regulatory burdens， both pre- and post-authorization， 2） Significant costs and barriers to market entry， 3） It is far from clear that many current e-cigarette technologies will meet with pharmaceutical standards， particularly as regards the performance of the devices against pharmaceutical standards for inhaled products， 4） Supply chain may be restricted to pharmacies in some jurisdictions.” （Pasquale Caponnetto et al ， 2015， p.557）

In other words， if the government desired total control over the product and wished quality control to be carried out to the maximum， labeling e-cigarettes as a medicinal product would be suited to this purpose. The downside to this approach is that inspections would be carried out from manufacturers all the way to distributors， raising the cost of doing business. The cost of going through all the regulation and meeting the specifications required would result in very few companies being able to compete to stay viable. Currently most of the companies that produce these products would not meet any form of strict quality control and would have to shut down， it is like that if strict laws were enforced， a few very large players would emerge in the market， which would slow down the development of e-cigarettes.

Classification as a medicinal product would be the best in terms of public health， but the cost of production would rise many folds， perhaps pushing consumers back towards traditional cigarettes， thereby nullifying any gains to public health. Currently china manufactures 90% of these products and sell them to markets worldwide， a significant increase in production costs would make these products to be no longer viable， and the e-cigarette manufacturing industry would simply move elsewhere， taking with it jobs and profits. Classifying e-cigarettes as medical products would be effectively killing a currently profitable economic sector and future cash cow for the Chinese government.

6.2.2 As a consumer product

As defined by the Merriam-Webster dictionary， a consumer goods are goods that directly satisfy human wants. Tobacco products are a specific type of consumer products that contain nicotine， which is why nations control tobacco companies under their bureaucracies and put into place special legislation due to its addictiveness.

There is a stigma that accompanies the tobacco industry， that stems from the impression that these businesses make profit by slowly killing their consumers. In some cases， this stigma has been rightly or wrongfully extended to the vape industry， since it is similar to cigarettes in how it delivers nicotine to the consumer by inhalation， while it can also be similar in appearance to traditional cigarettes. As a result， people naturally tend to classify vapes as products similar to cigarettes， resulting a sullied public perception irrespective of the fact that it has been proven to be much safer than regular cigarettes on countless occasions.

The earlier cited paper also looked into the pros and cons of classification of e-cigarettes as consumer products， the advantages mentioned by them in the paper were： “1） The general requirement that products must be safe， coupled with other consumer protection laws may provide for a flexible， proportionate approach， 2） The creation and enforcement of standards for particular products allows the creation of detailed technical requirements， covering both quality， performance and safety， 3） The voluntary nature of most standards， of the selective application of parts of standards relevant to the product， allows for innovation. 4） E-cigarettes can be advertised freely， subject to the need to ensure that claims are substantiated， are fair， balanced and not misleading. Advertising regulators may provide additional guidance on the types of claims and substantiation required. Medicinal claims， e.g. that the products can assist with smoking cessation or alleviate the symptoms of nicotine withdrawal， may trigger regulation as a medicine.” （Pasquale Caponnetto et al ， 2015， p.555） The disadvantages of classifying vapes as consumer products highlighted by the authors were： “1） Relative lack of legal clarity or certainty， e.g. in terms of standards for product safety， performance and quality， 2） While it is possible to establish relatively sophisticated safety， quality and performance standards and to control advertising within this regime， based on standards and guidance documents， enforcement can be challenging unless laws make standards mandatory， 3） No dedicated system of pre-market notification or review， 4） No clear system for post-market monitoring and surveillance， except perhaps in the event of a product recall， 5. No clear regulation of manufacturing quality or practices， unless reflected in applicable standards.” （Pasquale Caponnetto et al ， 2015， p.556）

Classification of vape products as consumer goods would see less effect quality control as compared to a medical goods categorization， however the use of these products would spread out quicker if categorized as consumer goods. Under this categorization inspections would be sporadic or irregular， leading to difference in quality between specimens and actual products， but it is still expected to be twenty times better in quality than the unregulated products produced currently. The regulated manufacture of e-cigarette related items under this category would result in products safe for human consumption.

6.2.3 Comparisons of regulations of the world

A study investigated how various nations dealt with drafting legislation for e-cigarettes， which was done using mainly three methods. Currently 68 nations are regulating ENDS， among them 22 countries utilized previously existing law to control the products， such as tobacco regulations， while 25 nations legislated brand-new policies to manage e-cigarettes， 7 countries amended borrowed statutes and 14 nations applied mixtures of existing and amended regulations. The laws implemented by the countries mostly regulate a purchasing minimum age， indoor usage （specifying vape free zones） and advertisement restrictions. Surprisingly taxation wasnt a main focus of the majority of these legislations. Additionally， goods were also labeled according to their categories， for example， tobacco product labels provided information on whether the product was a tobacco derivative or synthetic in nature. Similarly， medicinal products labeled displayed their intended use， either drug or medicinal apparatus， while consumer good labels contained information on the chemical composition， poisonous status， electrical appliance etc.

6.2.4 Useful laws from original cigarette regulations and other acts in China

It is possible for China to utilize pre-existing laws concerning combustible cigarettes， which could reduce the chances of unwanted or unexpected results that could possibly arise from implementing experimental regulations. Amending an existing law to account for a new， yet similar situation could be a stop gap solution until the subject is thoroughly investigated and entirely new legislation focusing on vape or e-cigarettes could be drafted.

In brief， legal restrictions on smoking in China include： 1） a complete prohibition of smoking in 28 different kinds of indoor public places， 2） advertisement of any kind in the public domain， including billboards and social media， is totally banned， 3） online sales and sale through vending machines are prohibited， 4） sale to underaged children is prohibited， sale of cigarettes near schools is also not allowed， 5） packaging and labeling is controlled， where misleading terms related to the hazards of smoking are not allowed. Manufacturers are not compelled to disclose contents or emissions and there are no restrictions on the quantity of cigarettes being sold， even a single cigarette can be dealt.

Not all of the above laws are suitable for e-cigarettes， but some of them are already enforced on the industry， such as prohibition from vaping in public areas. The governments stance on underaged sales is also clear as the sale of vape and related products have been blocked from online sale.

6.2.5 Other related statutes analysis

This section presents a brief overview of statutes such as the Product Quality act， the Consumer Protection act and the Food safety act that may be involved in the regulation of e-cigarettes. The food safety act may the most relative of the above as additives deemed with for human consumptions under this act are used as components of vape liquid. Provision No.150 of the statute states that the product must be drinkable or edible， however vape liquid is not consumed in this way but inhaled instead. This law could be revisited in the future for account for inhaled substances as well.

According to the national public service platform for information， the Chinese government is currently working on creating standards for vape products. The two items under consideration， but are yet to passed are 20171624-Q-456 and 20172264-T-456， to be rectified under ICS 65.160 of TC144 national standards plan， with is the traditional cigarette category. The 3th provision of the Quality control act states that “… the product doesnt have a national standard form should give a guarantee of safety in every aspect …，” however currently vapes and vape products are being sold in China without any guarantees of safety which are required by the quality control act. Standardized quality control procedures must be put in place in order to fulfill this provision of the Quality Control Act.

The Cigarette Monopoly law provision five states that the hazards of cigarettes must be reduced， but currently e-cigarettes do not fall under the umbrella of this law and are unregulated. The Food safety act provision 150 states that “… must not induce chronical disease … must not be poisonous…，” vape liquid may cause chronic disease or even be fatal， depending on the contents， however it is obvious that the essence of this law is to protect the general public from hazardous foods. Even though vape liquid is directly consumed and absorbed into the human body to some extent， inhalation is quite different from ingestion， which alone should be enough to show that the manner in which the food safety act is employed to regulate the vape industry is stop gap at best.

6.3 Suggested ways of legislation of law

6.3.1 Categorizing the product

The first step to drafting legislation to regulate e-cigarettes is categorizing the product. Other countries who have made laws in regard to e-cigarettes have categorized them into the following categories： Medicinal goods， Tobacco goods or Consumer goods.

Currently no manufacturer of e-cigarettes and their related products， claim to be producing them for medicinal purposes， while the CFDA has not classified it as medicinal goods either. In order for these products to be classified as medicinal， they must first be produced with such intent and at the required level of quality， after which the product will have to the go through the tough qualifying process by the government. The fact that most manufacturers producing these kinds of products are aiming for foreign markets with the intent to sell for recreational purposes， its highly unlike that they would ever claim for their products to be medicinal. In the unlikely event that some manufacturer would like to produce medicinal goods， it would be classified as such on a individual basis， not affecting the industry as a whole.

The second classification under consideration is as a tobacco product， the main issue with this classification is that only a few e-cigarettes use tobacco （IQOS or Heat-stick system）， most of the nicotine present in e-liquid is synthetic and nicotine extracted for actual tobacco leaves is quite rare. It is possible to place the e-cigarettes that use actually tobacco into the tobacco products category， while separating those that do not. This may provide additional incentive to move away from harmful tobacco products to the safer synthetic products. A separate category for clean vape products would make it possible for the government to give incentives to these products for the economic and public health benefit for all.

The third and last option to be considered is classifying e-cigarettes as consumer goods. This may be the optimal solution， as these products have been consumed for almost two decades and other than rare reports of injury to health （THC use in the US）， they have been proven to be quite safe. Regulations must made to control the ingredients in the vape juices， that would prohibit the use of harmful substances that can cause disease. If e-cigarettes are to be seriously considered as an alternative to conventional cigarettes， then it must be classified as consumer goods by the government， in order to give consumers， the ease of access to e-cigarettes equal to that of conventional cigarettes. It must be noted however， that e-cigarettes have the potential to be highly addictive， at similar levels observed with conventional cigarettes. The contents of e-liquid such as nicotine levels should be regulated by the government to avoid issues down the road.

Based on the above， classification as consumer goods would make the most sense. Products would have to be labelled with warnings however.

6.3.2 Restrictions of sales to underaged

As a country which has a republican ideology， any new laws should be constructive in nature and benefit the majority of people. If it were to be detrimental to the health of the general public， it should not be legislated. The product in question is can be viewed as slightly harmful for health and there is no doubt in the matter that its sale should be restricted to children or adolescents， who are extremely impressionable at their young age. Failure to restrict the sale to the underage would result in the number of future smokers to rise up， as well as potentially act as a gateway to more harmful substance abuse. Even though research is an ongoing process， it is clear that ENDs or e-cigarettes are much safer than conventional cigarettes and should be given the same privileges as conventional cigarettes at the very least， namely unrestricted sale to the adult population.

China has a policy of protecting juveniles from socio-environmental dangers such as cigarettes， alcohol and has a strict policy on drugs as well. In order to better enforce the prohibition of sale to underage children， sale of these products must be banned near schools （similar to cigarettes）， advertising and online sale should also be prohibited. The above regulatory acts are essential in protecting the juvenile population from potentially harmful substances.

6.3.3 Manufacturing products qualities to sell

Historically traditional cigarette manufacturers have been free of regulation or certification， resulting in a product which is quite dangerous and killed many millions of people world-wide. However， since the main selling point of the e-cigarette is that they are safer than conventional cigarettes， measurements must be taken so that this is indeed the case. The safeguards put in place shouldnt be as stringent as those that would be placed upon a drug or medicinal product， but should be sufficient to keep manufacturers from using dangerous but cheap alternatives in order to make a larger profit， thereby affecting the health of the general public. As mentioned in the earlier chapters， vape vapor does contain metal particles and other chemicals that can be harmful， however the amounts can vary depending on the type of vaporizer used. Devices could go through a safety check and be certified for sale only once the design has been approved by the governing body. Devices alone do not need to be regulated， but also replacement parts such as coils and tanks， which are responsible for the bulk of metal emissions should also be regulated. Finally， but definitely not least of all， the vape liquid manufacturers should be prohibited from using certain chemicals known to be harmful to human health and provide clear chemical ingredients for their products. Regulation of all of the above is absolutely essential to ensure a safe supply chain of e-cigarette related products. It must also be noted that regulation of closed system vaporizers would be much simpler than its open system counterpart， because of the unmodifiable nature of the closed system vaporizers.

Moreover， currently there are over several thousands of e-liquid flavors available for sale in China， and up until November 1st 2019， they were being sold and resold on online market places such as Taobao. It is almost impossible to regular the sheer number of products unless they are done on a manufacturing level. Therefore， unlike traditional cigarette manufacturers who do not need to submit specification certificate documents to the Chinese government in order to sell their products， it is recommended that e-cigarette manufacturers be made to do so in order to avoid situations similar to how the otherwise safe material vitamin-e， ended up causing pulmonary problems in vape users.

6.3.4 Taxation Issues

Taxation of vape related products has not been seen excessively in most countries who have drafted legislation specific to the product， this may be in an attempt to promote it and make it more appealing to the heavily taxed and hazardous to health traditional cigarettes. Since China is the worlds factory for vapes and related products， these products are much cheaper domestically and has potential to earn much revenue if taxed. Traditional cigarettes are a solid stream of revenue for the government as previously discussed， and even the Cigarette Monopoly law mentions about the tax incomes in the first article， and with the trend of vaping taking off， its only a matter of time before the competition between e-cigarettes and regular cigarettes becomes more heated， if one of the two doesnt end up banned altogether.

Taxation is traditionally imposed depending on the classification of the product， products which the government believes is beneficial to society as a whole receives a small tax， such as agriculture equipment or groceries， while products that are deemed harmful to society are heavily taxed. This tax is also referred to as the sin tax， which is implemented on gambling， alcoholic beverages and combustible cigarettes. Traditional cigarettes taxation is in the tens of percentages globally， in a bid to make them too expensive and subsequently making the smoker quit. A similar tax would be harsh if imposed on vape and its related products， as they are nowhere near as harmful as cigarettes， on the other hand a reduction in tax would allow for more conventional smokers to take up vaping. A luxury tax could be imposed on vaping however， since it is not necessary for living and can be seen as a luxury.

Since there is no guarantee that vapes are the only devices that would look to mimic cigarettes， in a bid to deliver nicotine to the body， it would be simpler to create a new tax for ENDs and similar products that would look to replace existing sins without the harm to society and tax it between regular products and sin categories. This would make future administration of taxes much simpler and more efficient.

At this point， except for those special tax methods， there is normal consumer good tax is left as an option， and the tax mechanism is widely used proportional tax rates often be imposed on an ad valorem basis， but for solving the all nicotine contained products for now and future， implementing nicotine ratio taxation can be a solution， this is based on an inclined anticipation for the future products which are expected to be safe enough and the nicotine content within acceptable physical limits.

VII. Conclusion

Many countries world over have attempted to regulate the e-cigarette industry， the degree of control exerted by these legislations range from minimal to complete. Traditional cigarettes appeared several centuries ago and people were addicted to the use of these cigarettes well before they became aware of the potential hazards of smoking. Regulations were drawn up over the previous few decades in an attempt to discourage young individuals from taking up the habit， as well as limit the use of cigarettes in public spaces. However， since cigarettes had already become a part of our cultures， restricting their usage could be seen as restricting individual freedom of choice. For the first time an alternative to smoking cigarettes has appeared， society and governments must not make the same mistake of drawing up legislation in hindsight， but be proactive instead. The new alternative is indeed healthier than traditional cigarettes， however it must be regulated before any future regulations be looked upon as a push into an individuals personal space.

The quality of a product is of outmost importance， the manufacturing process is the determining factor in the quality of any product， which remains true for both vaporizers and the e-liquid used.

The nicotine extracted from tobacco plants （such as TFN） that is subsequently used in the production of vape liquid， can produce carcinogenic nitrosamines， thus the carcinogenic sources of nicotine must be regulated， for the sake of public health. It is important to understand that regulation of vape liquids itself is not enough， as it is possible that trace metals present in the vapor， originating from the coils and tanks of the vape devices themselves， pose an even greater threat to public health. For this reason， the manufacture of vape devices should be strictly monitored， devices should be designed specifically to minimize metal emissions， with acceptable levels of these emissions be identified and strictly enforced. Additionally， e-cigarettes that use tobacco itself （heat stick type e-cigarettes）， should be classified as tobacco products and not vape products as they combust tobacco similar to traditional cigarettes and do not possess any of the health benefits that vapes do.

China is uniquely place to influence the global vape industry like no other country， as it is responsible for more than 90% of the global supply of vape products. In regulation of vape products there are two main factors to address， namely， safety and profitability. Chinas attitude towards the vape industry could affect the health of many consumers globally， if China were to take a more conservative position and enforce the strictest regulation， it would raise the cost of the product. If vape prices go up， the industry would suffer and growth would reduce， or manufacturers would move elsewhere， therefore it is in Chinas best interests to now have the strictest regulations. Safety is important， however vape products are already much safer than cigarettes， quality control protocols could be put into place that would guarantee safety without effecting the economics of the vape industry significantly.

A major hurdle to regulation is the classification of the product， the categories used to classify vape products globally are medicinal， consumer and tobacco goods. The Chinese government must decide which category do they want to place vape products， which would determine the extent of control exerted upon them. Medicinal classification would lead to regulation under the CFDA， and would make the vaping industry to all laws relating to pharmaceutical usage. The PRCs advertisement law could prohibit the advertisement of e-cigarettes， unless an exemption is made on medical grounds. Such a classification would come at a huge economic cost to china and is advised against. Classification as tobacco goods would be misleading， as vape products dont usually contain tobacco derivatives， as well as place unjust pressure on the industry as a whole， because the restrictions places on tobacco goods are quite high in terms of taxation. The final and optimal option would be classification as consumer goods， which would place minimal regulation to standardize the safety of the products， without affecting production and ease to do business. Currently China exerts almost zero control over the industry， in other words it is totally unregulated， which is not an ideal situation as these products can affect the health of the consumers. Extreme quality control would also not be suitable as it would adversely affect the global supply of vape products and the economies of those countries who are heavily invested in it. A balance must be struck， for which consumer goods seem to be the best option， as it ensures enough control to avoid potential health hazards while not disturbing the economics of the industry. It is also possible to assign vape products to its own category， but that seems like excessive work and would complicate the already intricate legal system.

Matters that need to be addressed by the proposed legislation are： advertisement， public vaping， taxation， product quality control and juvenile shielding/protection. Currently vape products are not designed to be or marketed as medical substitutes for traditional cigarettes and therefore not possible to advertise under article 17 of the advertisement law of PRC. If an exception were to be made in this law and it were advertised as a consumer product， one of the two following results could be expected： firstly， traditional smokers would transition to vapes/ENDS， non-smokers would take up vapes/ENDS. Additionally， it is expected that many adolescents and young users would take up the habit due to advertisement on popular media.

The first scenario is the best-case scenario， where smokers transition to vape products for a healthier life style for them and those around them. The second scenario is worrisome， as even though vaping is comparatively safer， promotion of the product leading to an addictive habit could be seen as unacceptable. An argument can be made that consumers of their own free will can buy and consume things that are known to be harmful to them within reason， such as sweets or anything containing sugar for that matter， however vaping is an addictive substance which could be used to combat the above stated argument. Advertisement of vape products will no doubt result in a rise in popularity among underage or juvenile segments of the population， this may be the greatest cause to not allow advertisement of these products as they can influence impressionable minds. Another negative aspect to advertisement is that vaping could act as a gateway to actual cigarettes， as well as other more notorious drug abuse. An option available to the Chinese government is to use existing cigarette packaging as advertisement， since the tobacco industry is directly regulated by the Chinese government， the use of this medium could result in advertisement spreading to only those who are smokers of the appropriate age. However， this is only possible and china and could not be replicated globally. Due to the above， legislation allowing the advertisement of vape products through mainstream media is not recommended.

Second hand smoking is not as large an issue in vaping as it is in conventional cigarette use and there is no research that points towards the health hazards to people around the smoking. However， vaping in small indoor places， such as busses， trains small restaurants should continue to be banned as they create a large amount of vapor lowering visibility immensely. In addition to the visibility factor， vaping releases a variety of scenes that spread very quickly throughout the room. These scents may be pleasing to some， but are equally likely to displease and multiple vapers in a single space would only make the environment worse. For these reasons vaping indoors should be continued to be banned and the number of spaces that ban them should also be increased till the public domain is totally vape free.

Drafting fresh legislation specifically for the taxation of the vaping industry may be a one-dimensional solution and would soon become redundant as nicotine delivery technologies are developing extremely quickly. Taxing nicotine itself could be a suitable approach as even though the delivery systems might evolve and change， the one constant will always be nicotine. However， the tax imposed should be lower than that currently applied to traditional cigarettes as the high taxation of cigarettes is an attempt to discourage consumers from using them. Therefore， for both to reduce using of original cigarettes by raising taxes as a WHO guideline and to control e-cigs and the future anticipated products， the nicotine tax is recommended to be created， and the tax should not be under the system of ad valorem， it needs to be imposed by nicotine concentration rates， and progressive taxing method is also recommended to be included， by doing so to some extent it is expected that it will have obstructive power by density.

In addition to legislating of the special nicotine law section， it is recommended that warning labels be included on the products， with possible health hazards and age restriction clearly stated. Pre-existing tobacco treatment laws could be used as a template for such labels and amended accordingly， plus in order to increase the accessibility of nicotine replacement therapy products for aiding smokers who wish to cease smoking， pharmaceutically labeled paraphernalia should be an exemption of nicotine tax.

A few unfortunate and isolated events have result in vapes becoming controversial， events such as the recent THC-related incident in the Us have caused public opinion about vapes to plunge. Nations such as Malaysia are calling on a total ban on vape products， however such a reaction is uncalled for as the science simply does not back the claim that vapes are as or more harmful than conventional cigarettes. The calls for banning vape products are even more ridiculous in light of how cigarettes have operated world over for decades after it was proven that cigarettes are extremely hazardous for health. Sale of cigarettes continue to be allowed by governments， even after it was found that cigarette companies are adding dangerous additives just to make their products more palatable. A direct comparison between vaping and traditional cigarette use makes it clear that vaping is the future as it gives a similar or identical effect without the majority of the health risks.

In conclusion， the vape usage is growing exponentially despite recent worrisome events that have been unable to slow or reverse this trend. Vape or e-cigarette usage is much safer than conventional cigarettes， despite a current plunge in public opinion. China plays a key role in the industry， which contributes significantly to the economy and is currently almost unregulated. China must draft legislation that would allow for quality control without significant loss to the economy， the recommendations above may aid in the process of doing so.

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