Alibaba lifts ban on e-cigarettes

Starting from May 1, 2022, Alibaba will ban the sale of e-cigarettes, aerosols, nicotine for e-cigarettes and other related products. After a year and a half, Alibaba will allow e-cigarettes to be put on the shelves again.

According to the "Alibaba E-cigarette Product Targeted Investment and Control Rules" issued by Alibaba, e-cigarette business entities that have obtained the China Tobacco Monopoly Manufacturing Enterprise License in mainland China in accordance with the law can apply for e-cigarette product qualification access. Merchants that have passed the e-cigarette product qualifications and signed a merchant commitment letter can publish e-cigarette products on the platform that meet the control requirements of Article 2 of the rules.

Details of the announcement and rules are as follows:

Announcement on the adjustment of Alibaba’s e-cigarette product control rules

According to the laws, regulations and other requirements for the sale of e-cigarette products in different countries and regions, Alibaba will adjust the control rules for e-cigarette products. For details, please see the "Alibaba E-cigarette Product Targeted Investment and Control Rules", which will be effective in September 2023. It was announced on September 15 and will officially take effect on September 22, 2023.
At the same time as the "Alibaba E-cigarette Product Targeted Investment Promotion and Control Rules" come into effect, the "Alibaba E-cigarette Product Targeted Investment and Control Rules" released on March 31, 2022 will become invalid simultaneously.
The platform will continue to pay attention to changes in laws, regulations and policies of various countries and adjust management and control policies accordingly. If you have any questions, please consult Xiaohe online. Thank you for your understanding and support!

[Prohibition and Restriction Rules] Alibaba’s targeted investment promotion and control rules for e-cigarette products

According to the laws, regulations and standard requirements for the sale of e-cigarette products in different countries and regions, Alibaba will adjust the control rules for e-cigarette products and conduct targeted investment promotion for e-cigarette business entities that have obtained the China Tobacco Monopoly Manufacturing Enterprise License in accordance with the law.

1. Targeted investment model

E-cigarette business entities that have obtained the China Tobacco Monopoly Manufacturing Enterprise License in mainland China in accordance with the law can contact your account manager to inquire about the access requirements for e-cigarette products and apply for e-cigarette product qualification access. Only merchants that have passed the e-cigarette product qualifications and signed a merchant commitment letter can release e-cigarette products on the platform that meet the control requirements of Article 2 of these rules.

2. Control requirements for e-cigarette products

(1) Definition of e-cigarette products

● E-cigarettes: Different countries have different definitions of e-cigarettes. E-cigarettes usually refer to ENDS (the abbreviation of Electronic Nicotine Delivery Systems). Its working principle is to use batteries to heat e-cigarette liquid (usually containing nicotine, flavors, and other chemicals that help create aerosols), creating an aerosol that users inhale into their lungs. E-cigarette related products include: cartridges, atomizers, nicotine, smoking accessories, accessories, etc.;
● Electronic cigarette cartridges: electronic cigarette components containing aerosols, etc.;
● Products sold in combination with cartridges and smoking sets: disposable e-cigarettes, e-cigarette products sold in one packaging unit in accordance with relevant national standards, etc.;
● Atomizers: mixtures and auxiliary substances that can be fully or partially atomized into aerosols by electronic devices, etc., including but not limited to solid atomizers, liquid atomizers (i.e. e-cigarette liquid), etc.;
● Nicotine for e-cigarettes: refers to the nicotine used in e-cigarette liquids, cartridges, and e-liquids;
● Electronic cigarette smoking set: a device that atomizes smoke liquid for people to smoke, suck, chew or snort.

(2) Restrictions on the sale of e-cigarette products

1. Merchants that have passed the e-cigarette product qualifications can publish e-cigarette accessories and accessories on Alibaba, including but not limited to: e-cigarette related atomizers, cigarette rods, cigarette pens, cigarette holders, e-cigarette batteries, E-liquid fillers, e-cigarette packaging and other e-cigarette related products.
2. It is prohibited to publish e-cigarette cartridges, atomizers, disposable e-cigarettes and other products that are sold in combination with cartridges and smoking accessories, as well as any products containing e-liquid, e-liquid, and nicotine. Any disposable e-cigarettes and their related accessories, packaging and other products, regardless of whether they are marked with e-liquid information, are regarded as disposable e-cigarettes and are prohibited from being released. Alibaba may revise the scope of prohibited products at any time based on changes in laws, regulations, supervision, public opinion, etc.
3. Online transactions of e-cigarette products are prohibited.
4. E-cigarette products are prohibited from entering any marketing promotion scenarios, including but not limited to: recommended scenarios such as major sales, lists, and conference venues, merchant promotion scenarios such as live broadcasts, advertising scenarios, and other scenarios that Alibaba deems to be consistent with the concept of marketing promotion.
5. It is prohibited to carry out advertising promotion of e-cigarette products and any description that may be regarded as advertising promotion.
6. It is prohibited to post online links to e-cigarette products published on Alibaba to any website other than Alibaba.
7. Product description restrictions, including but not limited to product title, keywords, details page, etc.:
   1) Any description of nicotine, tobacco or e-cigarette flavors is prohibited;
   2) Depictions that look like or could be confused for food are prohibited;
   3) Any pictures/portraits/music/words that may encourage buyers to use e-cigarettes are prohibited;
   4) It is prohibited to depict cartoon characters or real or fictional characters that may appeal to people under the age of 18, or to depict people who are under the age of 25 or who appear to be under the age of 25 using the product;
   5) Any performance guarantee or positive publicity such as personal appearance or charm is prohibited;
   6) Reference to any illegal drugs or other products prohibited for sale, including any cannabinoids, is prohibited;
   7) Any exaggerated or inaccurate statements are prohibited.

(3) Restrictions on sales destination countries

Alibaba will dynamically adjust the list of banned and restricted countries and regions in a timely manner based on changes in laws, regulations, supervision, public opinion, etc. in each destination country. Merchants must understand and be clear about Alibaba’s uncertainty and restrictions on sales in destination countries. Potential future adjustments. In the following countries and regions where sales are banned or where sales restrictions have not been obtained, merchants are prohibited from selling e-cigarette products in any form to the region, including but not limited to buyers requesting export to the destination country, buyers requesting to export to the destination country through a third country. When exporting to the destination country, the merchant offers to help the buyer with exporting to the destination country.

1. Banned countries and regions:

Mexico, Italy, Netherlands, Russia, Turkey, Vatican City, Australia, Palau, Mainland China, Hong Kong, China, Macau, Taiwan, India, Brunei, Cambodia, Laos, Singapore, Thailand, East Timor, Iraq, Iran, Oman, Qatar, Syria, Sri Lanka, Turkmenistan, Mauritius, Suriname, Tunisia, Uganda, Ethiopia, Gambia, Argentina, Brazil, Antigua and Barbuda, Nicaragua, Panama, Uruguay, United States, Canada, Spain, Austria, Belgium, Bulgaria , Cyprus, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Romania, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Sweden, United Kingdom, New Zealand

2. Countries and regions that require separate access to sales restrictions:

Egypt, UAE, Saudi Arabia

(4) Product category restrictions and category adjustment details for e-cigarette products

Merchants that have passed the e-cigarette product qualifications should publish e-cigarette smoking sets and accessories in the relevant categories under the secondary category of Consumer Electronics>Electronic Cigarettes, and shall not publish e-cigarettes and their accessories in other categories other than the secondary category of Consumer Electronics>Electronic Cigarettes. Release any products (including e-cigarettes and non-e-cigarette products).

The e-cigarette product category (Consumer Electronics>Electronic Cigarettes) is expected to be officially launched on October 12, 2023. Under the secondary category Electronic Cigarettes, the categories that will be launched are detailed as follows:

Third-level category: Box Mod, leaf category: Box Mod Kits
Third-level category: Box Mod, leaf category: Box Mod Atomizers
Third-level category: Box Mod, leaf category: Other Box Mod & Accessories
Third level category: Vape pen, leaf category: Vape pen Kits
Third level category: Vape pen, leaf category: Vape pen Atomizers
Third level category: Vape pen, leaf category: Other vape pen & Accessories
Third level category: Other Electronic Cigarette Accessories
Third level category: Heat not burn
Third level category: Vaporizers

Alibaba will continue to pay attention to changes in laws, regulations and related policies in various countries and adjust control policies accordingly, while also reminding merchants to issue products and trade in compliance with regulations. Merchants are responsible for abiding by any domestic and sales destination country laws and regulations, Alibaba platform rules, and any violations, including but not limited to publishing prohibited goods, maliciously circumventing rules, deliberately confusing product information, deliberately bypassing designated categories, and submitting prohibited products to merchants. If the seller drafts a credit insurance order, etc., the platform will, depending on the severity of the case, impose penalties on the merchant including but not limited to removal from the shelves, deletion of products, deduction of points, restriction of use of website product functions, closure of accounts, etc.