Ubud, Indonesia - March 8, 2016: Four men smoking e-cigarettes in preparation for Ogoh Ogoh ceremonies, in a village near Ubud, Bali, Indonesia. The nicotine boost helps to keep dancing and playing all night long.
With China being the country where the e-cigarette was invented, the rest of Asia nevertheless has a somewhat confused – occasionally outright hostile – relationship with electronic smoking devices as far as legislation is concerned. TOBACCO ASIA takes a closer look at current e-smoking regulations across the continent.
By Thomas Schmid
When it comes to e-smoking legislation, the most obvious fact that stings the eye of the casual observer is how confused, fractured, and ambiguous the regulations and policies can be that different Asian nations have promulgated. Sometimes they don’t even exist, as the respective government apparently is unsure how to handle and classify e-smoking in relation to combustible tobacco products. But it is also rather ironic that the region that is arguably the birthplace of e-smoking harbors some countries that are among the most hostile globally, having banned not only the sale, import, and personal possession of e-smoking devices, but also any personal use at all. This situation becomes almost ludicrous bearing in mind that it is frequently those very same countries that develop and manufacture the majority of e-smoking devices and e-liquids traded worldwide today.
The Unforgiving Six
What may look like the title of a forgettable B-movie, in fact refers to the ASEAN nations of Brunei, Cambodia, Indonesia, Singapore, Thailand, and Vietnam. All six of them have imposed almost all-encompassing bans on e-smoking. This makes Southeast Asia the one region in the world with the highest number of countries hostile to e-smoking.
The small sultanate of Brunei banned the import and sale of e-cigarettes as far back as 2010, and integrated the ban into its Tobacco Ordinance of 2005, reasoning that e-smoking devices are “imitation tobacco products”. Importers and retailers are subject to a fine equivalent to approximately US$5,000 on the first offence and up to US$10,000 for subsequent violations. However, personal use doesn’t seem to be specifically outlawed. Yet anyone caught using an e-cigarette in a no-smoking area can be fined US$300 for the first offence and US$500 for subsequent offences – just like a regular cigarette smoker.
Neighboring Indonesia, meanwhile, doesn’t dabble. The law is clear: e-cigarettes of any kind are banned, banned, banned, including the import and sale. Yet this doesn’t deter some entrepreneurs who still continue retailing e-cigarettes in the country, sometimes rather openly and especially in popular tourist resorts. Also, so far personal use appears to prompt no backlash from the authorities. Some international travelers have however reported in the social media that their e-smoking devices were confiscated by customs upon entering the country through an airport.
The city state of Singapore at the tip of the Malaysian peninsula has long been known for its tough stance on regular tobacco consumption. But the country currently also bans the import, distribution, sale, and use of e-smoking devices of any description under section 16 (1) of its Tobacco Act, which is enforced by the Health Sciences Authority (HSA). The Act defines e-cigarettes as “any confectionery or other food product or any toy or other article that is designed to resemble a tobacco product or the packaging of which is designed to resemble the packaging commonly associated with tobacco products.” Violators are liable to a fine of up to SGD5,000 – although conviction in a court of law is needed. Since December 2015, e-smoking accessories – specifically e-liquids – have also been included in the ban.
In November 2014, Thailand approved legislation outlawing the import of e-cigarettes into the country. This has since been expanded to the export as well as sale of e-smoking devices and equipment. According to a report in the English-language daily newspaper Bangkok Post, violators can be imprisoned for up to 10 years and/or are subject to a fine equivalent to five times the value of imported, exported or retailed goods seized by the authorities. Personal possession doesn’t seem to be illegal, though, and the popular internet-based vaping forum Ashtray Blog points out that travelers haven’t had problems bringing devices through customs.
Cambodia likewise banned e-cigarettes in 2014, allegedly after an obscure study found the devices contained “high levels of nicotine that could cause a more serious impact on health than cigarettes.” However, the Wall Street Journal reported at the time that it was actually Cambodian Prime Minister Hun Sen himself who ordered the ban on imports and sales of e-cigarettes “for fear they are having a negative impact on the youth.” Meanwhile, the aforementioned Ashtray Blog wrote that the ban resulted in “something of a black market for vaping gear in Cambodia,” and cited commenters on its website who said they encountered no problems in getting their personal devices through customs. However, Tobacco Asia was unable to find out if there are any penalties for violating the ban and what they might be.
In Vietnam, everything concerning e-smoking, ENDS, and ENNDS is categorically banned and illegal, i.e. the sale, use, and possession of devices and accessories. Nevertheless, notoriously lax law enforcement has created a burgeoning black market. E-smoking gear can be obtained easily and relatively openly from street vendors, shops, and even traders supplying gadgets and accessories in bulk. The Tu Oi Tre (Youth) newspaper in November 2015 published a rather sensationalistic “investigative report”, which in part read: “[Our] reporter recently infiltrated some circles in Ho Chi Minh City, which supply the device in bulk. Disguised as a buyer, he ventured into a shop run by Phu, a trader, who resides on Cach Mang Thang Tam Street, District 3. The shop, which was brimming with e-cigarette smoking kits and some 100 bottles of essential oil [e-liquid], was packed with customers…”
China and Her Special Administrative Regions
It supposedly was in China that a local pharmacist invented the first e-cigarette in 2003, a relatively simple gadget that has since been succeeded by considerably more sophisticated and technologically-refined devices. The invention also triggered an incredible boom in China, with a constantly expanding industry primarily centered around the cities of Shenzhen, Zhuhai, and Guangzhou that is today, supplying some 90% of the global demand in e-smoking equipment, as well as a major portion of accessories and e-liquids. Accordingly, the import, export, sale, and use of e-cigarettes in China is legal, although tougher tobacco laws introduced in certain places like Shanghai, for example, also prohibit the use of e-smoking devices in non-smoking areas.
In China’s special administrative region of Hong Kong, situated directly south of the Shenzhen e-cigarette manufacturing hub, the Council on Smoking and Health, at least since early 2015, has been actively campaigning for a total ban on the sale and use of e-cigarettes in the territory. The council reportedly even wants to see the dismantling of the entire e-cigarette manufacturing industry in Shenzhen and elsewhere in China. In Hong Kong itself, nicotine-based e-smoking devices (i.e. ENDS) are currently classified as a Type I poison under the Pharmacy and Poisons Ordinance. Accordingly, both sale and possession of these are prohibited and violators are subject to a fine of up to HKD100,000 (approximately US$12,900) and/or a prison term of two years. On the other hand, the law does not cover any electronic non-nicotine delivery systems (ENNDS), which are thus perfectly legal.
Located only about 64 kilometers southwest of Hong Kong, the special administrative region of Macau (often also spelled as Macao), to the north borders on Zhuhai, is another important e-cigarette manufacturing base in mainland China. In November 2015, the local Health Bureau said it did not agree with a survey suggesting that smokers would like to be able to choose to switch to less harmful alternatives to traditional tobacco products, such as e-cigarettes. The authority thus defended its proposed ban on sales of e-cigarettes, which if confirmed by the local government will be enacted as an amendment to Macau’s Tobacco Control Law. But this appears not to have happened yet, which makes e-smoking devices legal in the territory – for the time being, that is.
Taiwan: Legal Loopholes
Just across the straits of the same name, Taiwan has its own legislative method of at least trying to curb the influx and sale of e-smoking devices. All e-cigarette related products require a license. For some (i.e. those dispensing nicotine) even a pharmaceutical license is needed. The catch? Well, as of yet, no such licenses have been issued. This fact alone makes e-cigarettes illegal in Taiwan – at least in theory. But due to that ambiguous legislation, the authorities are faced with another conundrum: in February 2014, the local China Post quoted Chiang Yu-mei, director-general of Taiwan’s FDA, as saying that there is no legal basis on which to punish people who sell electronic cigarettes or produce second-hand smoke with e-cigarettes.
Although it had been established that most e-cigarettes dispense or contain nicotine, Taiwan’s Tobacco Hazards Prevention Act could not be applied to e-cigarettes since no actual tobacco is involved, he explained. “Therefore, no punishment can be issued if someone smokes e-cigarettes in smoking-prohibited areas,” said Chiang Yu-mei. Let’s recap: E-smoking devices are technically illegal in Taiwan when they are not licensed, but traders selling them and consumers using them cannot be punished due to a legal loophole. Confused? So is Taiwan.
Japan: No Nicotine, Please!
Venturing north, we arrive in Japan. The country freely allows import, sale, and use of e-smoking equipment and accessories as long as they don’t dispense or contain nicotine. However, an appropriate license must still be obtained. Hence, e-cigarettes with nicotine are completely banned because they are classed as unlicensed medical products – and licensing anytime soon under Japan’s pharmaceuticals control law appears highly unlikely. Instead, a further tightening of existing regulations is perhaps already in the making. In May 2015, the official Kyodo news agency reported on a health ministry research group which said that four of the nine e-cigarette brands that can currently be legally sold in Japan (because they do not dispense or contain nicotine) produce vapor with high levels of formaldehyde, a known carcinogen. “A panel at the Health, Labor, and Welfare Ministry that received [the] research report said negative health effects cannot be ruled out from the use of e-cigarettes. The ministry is expected to study the feasibility of tightening regulations,” Kyodo reported.
Korea, the Most Liberal Kid on the Block
Returning to the mainland, in South Korea the sale, manufacture, import, export, and use of electronic cigarettes is entirely legal. This makes the country the most liberal of our entire line-up. But such freedom comes at a price – literally. Electronic smoking devices as well as accessories are classified as tobacco products, whether they actually dispense or contain nicotine or not, and are thus subject to Korea’s tobacco control legislation. Tobacco taxes, and therefore retail prices, are exorbitantly high, making the country one of the most expensive places around the globe to enjoy a smoke, regardless whether regular or electronic
Malaysia: Yes, It’s Legal, But…
Relative e-smoking freedom could until recently also be found in Malaysia. While the country considers e-cigarettes as medical devices and e-liquid cartridges or refills containing nicotine as medicinal products, they were available nationwide over pharmacy counters and from specialized shops, provided the respective product was appropriately licensed. Until last year, Malaysia had successfully resisted following in the footsteps of its neighbors Singapore, Indonesia, and Thailand to impose a de-facto ban. In fact, in August 2015, the local The Star newspaper quoted Dr. Abdul Razak Muttalif, director of the National Institute of Respiratory Medicine, as saying that while authorities were “aware that some people have misused the devices to do drugs, there are no plans for the government to ban vaping. There are many e-cig users who say that these devices are helpful for them to quit smoking.” Referring to a 2013 Ministry of Health study on the side effects of e-cigarettes, the director said: “The Health Ministry wants to regulate e-cigs but there’s a need to look at various other studies and see what the global community is doing. We cannot be rash.” But here is the bad news: Malaysia is a federation of 13 semi-autonomous states with powers to enact their own legislation in certain areas. Despite Dr. Muttalif’s assertions, the federal states of Negeri Sembilan, Kedah, Johor, and Kelantan all have imposed total bans on e-smoking since January 1, 2016.
The Philippines: Regulations? What Regulations?
In the Philippines, the sale of e-cigarettes remains entirely unregulated, which makes the devices freely available to children and teenagers. However, The Philippine Medical Association last year issued a recommendation to city administrations across the country to expand their smoking bans for public places and on transportation to also include e-cigarettes. Furthermore, legislative measures seem to be underway to regulate the sale and use of ENDS. On April 10, 2016, the Philippines’ FDA issued an advisory, which said that the electronic cigarette is not a proven nicotine replacement therapy, and the authority reiterated the WHO’s statement that there is no scientific evidence to confirm the product’s safety and efficacy. Approximately one week after the statement, the Metro Manila Development Authority (MMDA) urged local government units to enact ordinances regulating the sale and use of e-cigarettes in their respective localities. Towards the end of the same month, the Philippine E-Cigarette Industry Association (PECIA) – composed of store owners, suppliers, and manufacturers of electronic cigarettes and related products – was formed and is anticipated to also work towards clearer regulation.
*Disclaimer: While TOBACCO ASIA took every care in compiling current information from available sources on the status of e-smoking legislation in the countries featured in this article, we reject any responsibility for possible errors, omissions, misinterpretations, and/or inaccuracies.