Differences in Global Vape Regulations: Strategic Considerations for Companies

The e-cigarette market has been experiencing rapid growth worldwide. However, regulations regarding e-cigarettes vary from country to country, making it necessary for companies in this industry to carefully consider the entry requirements of each nation before expanding their operations. Against this backdrop, e-cigarette manufacturers face a crucial strategic question: should they prioritize seeking certification and compliance or swiftly enter the market?

Recently, 2FIRSTS conducted an exclusive interview with Zhang Qinmin, the CEO of Element Detection, a testing agency for e-cigarette products, to discuss the distinctive variations in e-cigarette policies across different markets.

After an extensive period of regulatory information monitoring and on-site research, 2FIRSTS has discovered significant variations not only in the regulatory policies of e-cigarette markets around the world but also in the enforcement methods used for e-cigarettes.

For instance, in the UK, a method called "fishing enforcement" is employed in the retail sector. This involves periodic inspections to determine if businesses are selling a large quantity of e-cigarettes or targeting the sales of e-cigarettes to underage individuals. In contrast, the US FDA primarily utilizes warning letters to caution businesses that have not obtained PMTA (premarket tobacco product application) approval. Additionally, regulatory authorities in the United Arab Emirates often conduct surprise visits to retail stores to check if products comply with regulatory requirements.

According to Zhang Qinmin, the differences in law enforcement regarding e-cigarettes in different countries can be broadly categorized into two types: pre-market regulation and post-market regulation.

According to Zhang Qinmin, pre-market supervision refers to the requirement for products to obtain certification from qualified evaluation agencies and complete necessary compliance procedures before entering the market. Once a product passes certification and enters the market compliantly, it can be sold in accordance with regulations. Taking the Middle East market as an example, the initial certification process in this market is relatively strict, with high entry barriers for compliance. However, once a product is certified and complies with regulations to enter the market, the market risks are essentially eliminated.

After-the-fact regulation refers to relatively relaxed regulation before a product enters the market, that is, relatively loose entry criteria. However, regulatory authorities enforce strict and frequent law enforcement at the retail end. These markets have relatively lax regulation before products enter the market, causing e-cigarette manufacturers to pay less attention to compliance certification during the entry period. However, when products are inspected for violations, they usually face serious punishment. This is the case in most European countries, such as the United Kingdom, Germany, Belgium, Italy, Poland, and others.

Zhang Qinmin suggests that businesses in markets with stricter post-regulatory oversight should proactively take action to ensure that their products consistently meet the latest market standards in order to minimize potential compliance risks.

In addition to regulatory issues, Zhang Qinmin also shared the time required for e-cigarette product certification in different countries. He pointed out that there are differences in certification time among different countries. Specifically, the certification process in Malaysia and the European Union is the most time-consuming, taking more than six months. In contrast, the certification time in the Middle East and South Korea is relatively short, taking only about a month and a half.

Zhang Qinmin suggests that due to the potential changes in regulatory policies and certification requirements, businesses should continuously monitor the policy updates in their target markets and regularly update their compliance strategies. They should also proactively take measures to ensure that their products meet the standards in terms of compliance, quality, and safety.