The claim that 0 tar and multiple flavors can cure pharyngitis is actually a "three no" product. Electronic cigarettes disguised as atomizers are widely sold online. "Stealing to smoke in school is not easy for teachers to detect, and it is not the kind of choking smoke smell." Recently, Mr. Li, a resident of Tianjin, was pushed a "possible acquaintance" message while browsing a social media platform. The netizen's profile picture is a photo of a boy smoking and puffing, and the post is to share his "achievements" - several long, different colored things resembling lighters placed together. The netizen also replied to others in the comment section, 'These are all fruit flavored electronic cigarettes, which are not allowed to be sold on the market, but I have channels.'. Mr. Li clicked on the homepage of the account and checked its past updates. He found that this person was actually his nephew who had just started high school and was only 16 years old. He didn't know where he got into the bad habit of smoking electronic cigarettes. Under his questioning, the nephew confessed that he saw someone else's sales advertisement for electronic cigarettes while browsing Tieba. Out of curiosity, he privately messaged the seller and placed an order. He had already bought several times from that person, and the seller said he had a wide range of goods and varieties. Previously, the State Tobacco Monopoly Administration and the State Administration of Market Supervision and Administration issued the Notice on Further Protecting Minors from the Infringement of Electronic Cigarettes, which clearly stipulated that electronic cigarettes should not be sold through Internet channels. In October 2022, the national standard for electronic cigarettes will be implemented, and electronic cigarettes can only present tobacco flavor. However, an investigation by reporters from the Rule of Law Daily found that there are still many electronic cigarette products sold on online platforms. Some of these products are transformed into "herbal atomizers", while others attract consumers with various fruit flavors and other flavors. Some electronic cigarettes sold online are even "three no" products without production dates, quality certificates, or manufacturers. The interviewed experts pointed out that the online sale of electronic cigarettes is explicitly prohibited. Some unscrupulous merchants use excuses such as "herbal atomizers" with zero tar content to sell under the pretext that "atomizers" are not electronic cigarettes, but in reality, such "atomizers" are electronic cigarettes and should also be banned from sale. The internet should not become a breeding ground for illegal merchants and "three no" electronic cigarettes. Relevant departments should increase their crackdown efforts and promptly detect and investigate new types of electronic cigarettes such as "herbal atomizers" or the use of coded language to evade supervision. Online platforms should strictly comply with relevant regulations, strictly control the entry of merchants and the publication of content, and avoid providing convenience for their online traffic. By chance, Mr. Zhang from Cangzhou, Hebei discovered that there were online merchants selling "herbal atomizers" claiming to be harmless and able to treat illnesses. The product details page features the slogan "Healthy Smoke Free Oil" and offers a variety of fruit flavors to choose from. The merchant has always emphasized that the product is not an electronic cigarette and has the therapeutic effect of traditional Chinese medicine. There is also a fruit flavored electronic cigarette that Mr. Zhang previously bought in the store, but its product name is also labeled as "atomizer". Mr. Zhang, who had not smoked fruit flavored e-cigarettes for a long time after the implementation of the national standard for electronic cigarettes, couldn't help but feel itchy. He decisively placed an order and would take out two puffs from his pocket when he had nothing to do. Afterwards, he became a regular customer of this store. Mr. Zhang showed the reporter the atomizer he smoked, which looked like a lighter and was green in color. There was an air vent on top, and when he put it in his mouth to smoke, it could produce mist. "It felt no different from smoking an electronic cigarette," he said. Mr. Zhang said that he came across the atomizer product on a certain second-hand trading platform, and after placing one or two orders, he directly added the shop owner's personal contact information and converted it into an offline transaction. According to the clues provided by Mr. Zhang, the reporter found that there are many merchants selling so-called "herbal atomizers" on second-hand trading platforms and online shopping platforms. These merchants often claim that they sell "herbal atomizers, not electronic cigarettes", 0 tar, 0 nicotine, which not only do not cause harm to the body, but can also assist in the treatment of sore throat, chronic pharyngitis and other diseases. Some merchants even intentionally indicate "legal and compliant fruit flavor". For example, on an online shopping platform, a business called "×× Herbal Atomizer Shop" sells 27 types of atomizers with different flavors. Passion fruit flavor, coconut water flavor, watermelon flavor... Each type of atomizer sells about 60 pieces. The shop profile reads "Innovative electronic sprays, first-hand supply". There is no product information on the product details page. The store information shows that the merchant belongs to the "individual operator" of the e-commerce platform and does not need to register as a market entity. Yue Qiang, senior partner of Beijing Hairun Tianrui Law Firm, told reporters that according to regulations such as the Tobacco Monopoly Law and the Electronic Cigarette Management Measures, electronic cigarettes are "electronic transmission systems used to generate aerosols for people to smoke, etc." Electronic cigarettes that do not contain nicotine (nicotine) are also included in the definition of electronic cigarettes, and it is explicitly required that "aerosols should contain nicotine", that is, electronic cigarette products that do not contain nicotine should not be sold in the market. The "herbal atomizer" sold by the above-mentioned merchants, although the product details and sales language are trying their best to separate the relationship between the atomizer sold and electronic cigarettes, in fact, the contents of the "herbal atomizer" meet the definition of an atomizer and belong to electronic cigarettes. On July 10th, the Economic Investigation Bureau of the Ministry of Public Security released a typical case of "cracking down on tobacco related crimes and maintaining market order", including the illegal operation of a new type of "traditional Chinese medicine atomizer" electronic cigarette in Meishan, Sichuan. In November 2023, the Meishan Public Security Bureau in Sichuan Province launched an investigation into Zhao and others suspected of illegal business operations. After investigation, since 2021, a criminal gang led by Zhao has registered six affiliated enterprises engaged in the production and sales of medical devices, claiming to produce "oral and nasal drug delivery devices" and "oral and nasal aerosol drug delivery devices". However, the actual assembly of atomizer products with heating atomization function and multiple characteristic flavor atomized liquids that are highly consistent in appearance, function, and working principle with electronic cigarettes. According to the identification of the tobacco quality supervision department, the products involved in the case do not contain nicotine or any traditional Chinese medicine ingredients, and belong to the category of electronic cigarettes. It is reported that the gang has produced a large number of false advertisements, claiming that their products can enhance immunity, improve sleep quality, and assist in smoking control and cessation. In particular, they induce a large number of underage students in school to smoke through the production of fashionable, cool videos and cartoon shaped products with various fruit flavors. At present, Zhao and others have been lawfully arrested by the procuratorial organs on suspicion of illegal business operations, and the case is being further processed. The platform's drainage of private chat transactions is suspected of constituting illegal business. "If you feel that it's not strong enough, you can buy electronic cigarettes, which also have a fruit flavor." When the reporter communicated with a second-hand trading platform "XX Electronic Nebulizer" merchant, the other party pointed out that he not only has a fruit flavor atomizer in his hand, but also a batch of fruit flavor electronic cigarettes with excellent taste. Purchase requires adding the contact information of another social media platform. In the collection notes it sent, the reporter saw that the merchant sells various brands of electronic cigarettes, with fruit flavors such as "pineapple orange", "cold strawberry", "mango ice", etc., with a single unit price ranging from 60 yuan to 70 yuan. The reporter found that electronic cigarettes with cheap prices and high sales at the bottom of the product interface do not have any brand logos, nor do they have text information such as production addresses and raw materials. Merchants claim that this type of electronic cigarette can hold many brands of fruit flavored cartridges, and because there is no brand, the price is cheaper. The reporter noticed that there are a large number of individual sellers selling "three no" fruit flavored electronic cigarettes on second-hand trading platforms and social media platforms. The reporter consulted several platform merchants as buyers, and they all stated that they still have stock of fruit flavored electronic cigarettes. The commonality among these sellers is that after attracting traffic through second-hand trading platforms and social media posts, they require buyers to add their personal contact information for purchase. Yue Qiang said that according to the Implementation Regulations of the Tobacco Monopoly Law, new tobacco products such as electronic cigarettes shall be implemented in accordance with the relevant provisions of this regulation on cigarettes. Accordingly, the sale of electronic cigarette products must also obtain a monopoly license. If the involved merchant does not have a tobacco monopoly retail license, according to Article 57 or Article 58 of the Implementation Regulations, they may be subject to administrative penalties such as "being ordered to stop operating tobacco product retail business, confiscating illegal gains, imposing a fine of 20% to 50% of the total illegal business amount" and "publicly destroying illegally sold tobacco monopoly products". If the circumstances are serious, it may constitute the crime of illegal business operation as stipulated in the Criminal Law. Tang Jianbin, senior partner of Beijing Kyoto Law Firm, told reporters that selling atomizer products online may violate the crimes of illegal operation, selling counterfeit and inferior products, and violating relevant regulations such as the Regulations on the Supervision and Administration of Medical Devices. If atomizer products are identified as medical devices and the merchant does not obtain the corresponding medical device registration certificate or production license, they will be subject to corresponding administrative penalties. Jiang Xiaoxian, an associate professor of the Law School of Xiamen University, believes that selling electronic cigarette products through the Internet must involve direct or indirect introduction of relevant products, which is suspected of violating the Internet Advertising Management Measures. At the same time, if the merchant publishes false advertising, and the circumstances are serious, it is suspected of constituting the crime of false advertising. The chaos of sales needs to be regulated and the monitoring of smoking related information needs to be strengthened. "I don't smoke, and the herb atomizer can just meet my fantasy of puffing smoke." A social platform user "Xiaolongbao" posted that he used the atomizer to create the effect of puffing smoke in order to shoot a group of portraits, and unexpectedly indulged in it after use. In its comment section, many accounts with nicknames containing the words "Fruit XX" leave comments such as "Shopping Entrance" and "Inventory Find Me". The reporter's investigation found that "herbal atomizers" and fruit flavored electronic cigarettes are widely available on online platforms, and some platforms have even become a breeding ground for illegal electronic cigarette sellers to attract traffic. For example, on a certain online shopping platform, searching for "atomizer" directly leads to a large number of such products. On a certain social media platform, after searching for "e-cigarette" and "atomizer", although the platform will display a text prompt saying "A small cigarette can be dangerous! Selling cigarettes online is illegal", the related posts have not been blocked. Many sellers use the name of sharing to post, placing purchase links or personal chat accounts in the comment section to attract traffic. Once users click on such posts, the platform will continue to push a large number of similar posts. In Tang Jianbin's view, as a service provider for online transactions, the platform has the responsibility to strictly review the merchants and the products they sell, and has the responsibility to disclose information: the platform should ensure that merchants provide true, accurate, and complete product information during the sales process, including the performance, purpose, taboos, etc. of the products. In addition, there are regulatory responsibilities, timely processing obligations, and assistance in investigation obligations. If the platform fails to effectively regulate, it may bear administrative responsibilities such as warnings, fines, orders to suspend business for rectification, civil compensation responsibilities, and even criminal responsibilities. The specific degree of legal consequences depends on the degree of regulatory errors and the severity of the violations committed by the platform. Jiang Xiaoxian believes that platforms should strictly comply with relevant regulations, promptly shut down accounts and stores selling electronic cigarettes, and remove illegal products from shelves. If encountering a new product type and unable to determine its attributes, immediate measures should be taken to save relevant records and report to the relevant departments, and further actions should be taken based on the qualitative assessment of the relevant departments. If the platform fails to effectively fulfill the above regulatory responsibilities, it will face corresponding legal liabilities. Yue Qiang mentioned that in practice, some platforms may set up a "whitelist" for unqualified stores in order to seek illegal benefits, without conducting relevant inspections, and even replace inspections with methods such as increasing membership fees and listing fees. In this situation, it is possible