Revision of Tobacco Hazard Prevention Law in Taiwan

Due to the proliferation of new types of tobacco products, the amendment of the "Tobacco Hazards Prevention Act" has drawn attention. The Legislative Yuan of Taiwan has passed the amendment to prohibit electronic cigarettes and heat-not-burn tobacco products. Manufacturers or importers of heat-not-burn tobacco products and heating devices must first declare and obtain approval from the competent authority before producing or importing them. Illegal operators of electronic cigarettes or unapproved heat-not-burn tobacco products may be fined up to NT $50 million (approximately RMB 11.09 million).

According to the provisions, including the heated tobacco products that have been approved for sale, and the necessary components for designated tobacco products (such as heating devices), are prohibited from promotion and advertising. This means that even if heated tobacco products and heating devices are approved for manufacturing or importation, they cannot be advertised or promoted. Those who violate the regulations may be fined with an amount ranging from 5 million to 25 million yuan (equivalent to approximately 1.11 million to 5.55 million US dollars).

The article will be revised and improved to increase the pictorial warnings on tobacco products to 50%. The legal age for smoking will also be raised to 20 years old. It will be illegal for anyone to provide designated tobacco products, including heated tobacco and their necessary components, to anyone under 20 years of age. Additionally, universities and kindergartens will be added to the list of smoke-free areas.

The specific provisions shall be subject to three readings for clarity, and the effective date of the new law shall be set by the Executive Yuan. The amendment has also stated that in order to promptly ban electronic cigarettes and unapproved heated tobacco products, relevant regulations will be implemented within one month after the Tobacco Hazards Prevention Act is announced, while warning graphics and flavored tobacco regulations will be implemented one year after the announcement.

After 15 years without amendment, the Tobacco Hazards Prevention Act has gone through a convoluted revision process, involving five committee party negotiations and another party negotiation called by the speaker. Differences in opinions towards electronic and heated tobacco among political parties have turned the draft bill into a political point of contention. However, today, after both ruling and opposition parties signed and reached a consensus, the bill passed its third reading.

According to the third reading of the legislation, electronic cigarettes have been classified as "tobacco-like products." Articles 15 and 20 of the amended Tobacco Hazards Prevention Act specify that those who manufacture, import, sell, supply, display, or advertise e-cigarettes and their components may face fines of more than 10 million yuan but less than 50 million yuan. They will also be required to make improvements, recall, and dispose of the products within a set timeframe, and failure to do so will result in additional penalties.

Regarding the heating of tobacco products, although the term "heated tobacco" was not directly mentioned, the article states that the designated tobacco products specified in the announcement of the central authority shall be subject to standardized regulation. Industry players are required to apply for a health risk assessment before manufacturing or importing designated tobacco products, which can only be approved after passing the assessment. When submitting the risk assessment materials, the industry players must also include the necessary component combinations for the designated tobacco products.

In terms of penalties, businesses caught manufacturing, importing, selling, supplying or advertising heated tobacco and its accessories without proper approval will be fined between 10 million and 50 million New Taiwan Dollars. They will also be required to improve, retrieve, or destroy the products within a specified period. Failure to comply with the improvement order will result in further penalties.

In addition, the regulation also stipulates that tobacco products, as well as required component combinations, cannot be promoted or advertised through the internet, television, billboards, posters, movies, or by claiming to have undergone health risk assessments.