The so-called "tea cigarette" refers to tea, chrysanthemum, mint and other raw materials, which are made into ordinary cigarettes for consumers to smoke. If tea tobacco does not contain cut tobacco, it is not a cigarette in the legal sense in essence and is not included in the supervision scope of tobacco monopoly products; Tea and cigarettes are not in the Classified Catalogue of Food Production License, do not belong to the category of food, and cannot obtain a food production license.

However, some merchants package tea cigarettes into ordinary cigarettes, claiming that they can be used as both tea and cigarettes, and they have the effect of "replacing cigarettes" and "quitting smoking", claiming to be "healthy cigarettes", which confuses many consumers, including many teenagers.

From a legal point of view, selling tea and cigarettes online is suspected of multiple violations.

1. Tea cigarette packaging is the same as or highly similar to cigarette packaging, which is suspected of infringing the rights and interests of cigarette trademark holders.

2. Tea cigarettes are no different from cigarettes, and their production and operation may involve illegal production and operation of tobacco monopoly products such as tobacco special machinery, cigarette paper, filter rods and cigarette tow.

3. Merchants use "health stunt" as a selling point to mislead consumers and are suspected of false advertising.

4. If the tea tobacco contains cut tobacco or chemical nicotine is added, it is a tobacco monopoly product, which is a clear violation of the online tobacco sales regulations.

Here, we also remind consumers that traditional cigarettes have strict national standards, but there is no unified product quality standard for "tea cigarettes" and other tobacco products, and tar content and other indicators seriously exceed the standard, which is harmful to people's health and safety and the physical and mental health of minors. Consumers should carefully distinguish before buying, so as not to be misled.

legal basis:

tobacco monopoly law of the people's Republic of China

article 2

tobacco monopoly products mentioned in this law refer to cigarettes, cigars, cut tobacco, redried tobacco leaves, tobacco leaves, cigarette paper, filter rods, cigarette tow and special machinery for tobacco.

cigarettes, cigars, cut tobacco and redried tobacco leaves are collectively referred to as tobacco products.

article 3

the state shall exercise monopoly administration over the production, sale, import and export of tobacco monopoly commodities according to law, and implement a tobacco monopoly license system.

Article 12

To start a tobacco product production enterprise, it must be approved by the tobacco monopoly administration department of the State Council, obtain the license of tobacco monopoly production enterprise, and be approved and registered by the administrative department for industry and commerce; Its division, merger and cancellation must be approved by the department of tobacco monopoly administration in the State Council, and go through the formalities of alteration and cancellation of registration with the administrative department for industry and commerce. Without obtaining the license of tobacco monopoly production enterprise, the administrative department for industry and commerce shall not approve the registration.