萬國法律事務所

People who smoke are now commonly using electronic cigarettes (E-cig) or atomizers to quit smoking. However, the Department of Health under the Taipei City Government has indicated that E-cigs and electronic atomizers are regulated as “drugs” as they contain nicotine, and moreover, E-cigs and electronic atomizers have not been approved by the Ministry of Health and Welfare.

Authorities deem E-cigs and electronic atomizers to be violating current laws in two major situations:

(i) Pharmaceutical Affairs Act (PAA, 藥事法): According to the PAA, any person who manufactures or imports prohibited drugs is subject to punishment by imprisonment for a period of not more than ten (10) years and may in addition thereto, be fined an amount of not more than NT$10,000,000. As E-cigs and electronic atomizers are not approved by the Ministry of Health and Welfare, the sale of the same violates the aforementioned provisions of the PAA.

(ii) Tobacco Hazards Prevention Act (THPA, 菸害防治法): Per the THPA, manufacturing, importing, or selling candies, snacks, toys or any other objects in a form similar to tobacco products is prohibited. Manufacturers, importers, or sellers of objects in a form similar to tobacco products are subject to sanctions. As E-cigs look similar to cigarettes, the above regulation is applicable.