First Criminal Case Involving E-Cigarettes in Hubei Province
According to a report by the Wuhan Evening News on December 4th, the defendant, Mr. Cao, has been sentenced to five years and three months in prison and fined 80,000 yuan for illegally selling e-cigarettes. This is the first criminal case involving e-cigarettes that has been concluded by the Hubei province since the implementation of the "e-cigarette management regulations" on May 1, 2022. Due to the large amount of money involved and the number of people involved in the case, it has been classified as a major case under special supervision by the Ministry of Public Security and the State Tobacco Monopoly Administration.
According to reports, from October 2022 to February 2023, the defendant Cao, in order to gain illegal profits, used an unauthorized tobacco monopoly license to purchase key materials such as e-cigarette liquid and nicotine, as well as e-cigarette components. Furthermore, Cao personally designed e-cigarettes in the shape of "Violent Bear" and "Milk Tea Cup," assembling them and selling them online in the Jiangxia District of Wuhan City.
Police officers seized 67,000 e-cigarettes worth nearly ten million yuan during raids on warehouses and factories operated by Mr. Cao. Upon testing by the Hubei Tobacco Quality Supervision and Testing Station, it was found that none of the confiscated e-cigarettes complied with the relevant national standards.
On March 11, 2022, the State Tobacco Monopoly Bureau introduced the "Management Measures for e-cigarettes", which were specifically formulated to regulate the consequences of illegal production, sale, and use of e-cigarettes. These measures will be implemented starting from May 1, 2022. On October 1 of the same year, the "Mandatory National Standard for e-cigarettes" will be officially implemented, marking the beginning of the legalization and standardization of the e-cigarette industry.
The presiding judge stated that e-cigarettes are equally harmful as traditional cigarettes. Cao illegally sold e-cigarettes without permission, which has caused harm to society, constituting the crime of illegal business operation. After trial, the court in Jiangxia District found Cao guilty and sentenced him to five years and three months in prison, along with a corresponding fine.
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