| 英文摘要 |
E-cigarettes, also known as e-cigs, can be divided into two categories depend on whether or not its liquid contains nicotine. According to the current Tobacco Hazards Prevention Act, E-cigarettes are not regarded as tobacco products, thus, it just confined by Pharmaceutical Affairs Act or The Tobacco and Alcohol Administration Act in certain circumstances. However, Draft Revision of the Tobacco Hazards Prevention Act in December 8, 2016 added the definition of E-cigarettes. According to this draft revision, whether or not nicotine is contained, E-cigarettes should be governed by Tobacco Hazards Prevention Act. Pursuant to the draft revision, no person shall provide E-cigarettes to persons under the age of eighteen or manufacture, import, sell or display E-cigarettes. It is obvious that the draft revision confines E-cigarettes comprehensively and strictly. Nonetheless, the health risk of E-cigarettes which does not contain nicotine cannot be proved yet. Therefore, the draft revision of the Tobacco Hazards Prevention Act involves the regulatory legitimacy and the principle of proportionality. Moreover, the way of defining E-cigarettes under this draft revision is too broad to implement; thus, it should be limited to what contains hazardous substance. |
