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Can Minors Buy Ruyike | 5 Key Interpretations of Current Regulations

本文作者:Don wang

According to current regulations, minors are prohibited from purchasing RELX e-cigarettes. Key interpretations include: the legal age is 18, real-name verification is required (name, ID number, facial recognition), vendors must refuse sales to minors, illegal sales face fines or license revocation, and sales near schools are prohibited. Strict adherence to legal requirements is essential to protect minors from the influence of e-cigarettes.

Age Restriction

Recently, a convenience store owner in Shenzhen complained to me: “A junior high school student tried to buy RELX with his dad’s ID, but the face scan was immediately rejected by the system. Now even minors know how to exploit loopholes in the protection system.” Behind this incident is the rigid regulation of Article 59 of the ‘Minor Protection Law’—all e-cigarette sales must be bound to a real-time age verification system.

From a technical perspective, RELX’s AI age recognition system has two firewalls:

     

  • Static Threshold: Comparison of ID card date of birth with the current date (accurate to the day)
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  • Dynamic Enhancement: Real-time scan through Alipay’s Sesame Credit verification (error $<0.3$ seconds)

Last year, a chain store in Zhuhai failed at the second hurdle—their scanner system had a 17-minute update delay, resulting in an undercover investigation team successfully purchasing a product using an expired temporary authorization code of 3 hours. This incident directly led to the regional distributor being fined 12% of their annual turnover, a penalty more severe than those for selling counterfeit cigarettes.

Verification MethodRELX 5th GenIndustry AverageNational Standard Requirement
Biometric Recognition Response$0.8$ seconds$2.4$ seconds$\le3$ seconds
Data Encryption LevelAES-256SSL General$\ge128$ bits

The biggest headache now is the loophole in second-hand trading platforms. In a case uncovered in Hangzhou last month, minors used “e-cigarette protective cover” as a code word to complete transactions via a platform similar to Xianyu. These sellers would hide the pods in the inner layer of a phone case during shipping, and the logistics information still showed 3C accessories, which directly rendered the regulatory authorities’ AI screening system ineffective.

From a hardware design perspective, the RELX Phantom series has a physical anti-modification mechanism—the pod chip’s authentication protocol with the device refreshes every 72 hours. This move effectively blocked the circulation of “cracked devices.” In a modification den found in Guangzhou last year, 83% of the equipment was bricked due to protocol expiration.

Speaking of legal liability, if a store is caught selling to minors, a fine is not the end of it. A case in Shenzhen last year involved a store employee who used their own account to purchase on behalf of a high school student and was subsequently held criminally responsible for “assisting a minor in obtaining addictive substances,” a charge previously used in drug cases.

The most cutting-edge protection technology now is the geo-fencing + biometric dual lock. For example, if the device is detected in continuous use within a 200-meter radius of a school, forced hibernation is automatically triggered. However, the false positive rate for this technology is as high as 23%, often blocking teacher dormitories as well, and it is currently still in the testing phase.

Purchase Channels

The brightly lit e-cigarette display at the corner convenience store often creates the illusion that “buying this is similar to buying a cola.” However, the “E-Cigarette Management Measures” revised in 2023 have already welded the “real-name purchasing + age verification dual lock” onto all sales links.

Comparison Table of Control Measures Across Three Main Channels
Channel TypeVerification MethodSystem IntegrationViolation Penalty Case
Brand Exclusive StoreID Card Reader + Facial ComparisonDirect connection to Public Security database2023 Shenzhen store fined ¥350,000 (Shen Shi Jian Chu [2023] No. 1123)
Convenience Store/SupermarketScan Code Verification (requires mobile number binding)Third-party Verification PlatformFamilyMart delisted products in 2024 (due to failure to block minor proxy purchasing)
Social PlatformAlipay/WeChat Dual AuthenticationFinancial-grade Identity VerificationDouyin live streams banned 12 accounts (May 2024 Special Rectification)

When I accompanied PMTA auditors on an undercover inspection last week, I discovered that the vending machine control loophole is bigger than imagined. A certain brand’s machine, claiming “AI Age Recognition,” could be bypassed in actual tests using a photo re-taken on a mobile phone—this directly led to a delay in the launch of their new model.

     

  • ▌Physical Store Reality Check: Among stores with “Minors Strictly Prohibited from Buying” signs at the counter, 35% are still using the “eye-ball method” to judge age (Data source: 2024 Consumer Protection Association Undercover Report)
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  • ▌Online Platform Offense and Defense: Ele.me’s recently upgraded “Curfew Interception” system automatically freezes all e-cigarette orders between 22:00 and 8:00
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  • ▌Logistics Stage Killer Move: SF Express’s newly implemented “Triple Box Opening Inspection” requires the recipient to demonstrate device activation on the spot for successful delivery confirmation

Case Focus: The reason for the nationwide delisting of ELFBAR strawberry pods in 2023 was not only the excessive nicotine content (tested value $2.1\text{mg}/\text{puff}$), but more critically, the emergence of a “student agent distribution” model through micro-business channels, which crossed the red line of Article 58 of the “Minor Protection Law.”

While assisting a provincial tobacco bureau with compliance training recently, I found the two most common fatal errors made by practitioners: ① thinking that locking the front-end sales system ensures safety ② overlooking the invisible circulation on second-hand trading platforms. In fact, the transaction volume using “electronic atomizers” instead of keywords on Xianyu increased by 170% year-on-year in Q1 2024.

A technical detail—the verification systems in regular channels now include a “cross-platform blacklist sharing” mechanism. If a purchase of an e-cigarette is rejected on Meituan, this identity information is synchronized to all companies accessing the national platform, such as Ele.me and JD.com. This “one-time discredit, full-network interception” design is far more effective than mere fines.

Specific Scenario Risk Warning

① Vending Machine Night Mode: The machine’s illumination brightness automatically reduces by 50% after 22:00, which may increase the facial recognition error rate to 12%
② Overseas Purchase Gray Area: The Japanese version’s “anti-backflow oil compartment” design can easily be modified into an e-liquid refilling tool (Refer to the General Administration of Customs 2024 Alert Notice No. 77 for details)

A piece of trivia: The reason “cracked” devices from Shenzhen’s Huaqiangbei can bypass age verification is actually by exploiting a Bluetooth protocol loophole—these modified machines use an older version of the chip from 5 years ago, temporarily evading the handshake verification mechanism of the monitoring system (Refer to Appendix C of the IEEE 802.15.4-2020 standard for technical details).

Legal Risks

A convenience store in a commercial district in Shenzhen was just hit with a ¥30,000 fine last month simply for decorating its RELX display cabinet with cartoon stickers. The owner, Mr. Zhang, still can’t understand why: “It was just a decoration!” In fact, this directly crossed the red line of Article 26 of the “E-Cigarette Management Measures”—”Any suggestive element is regarded as promoting to minors.”

▍Real-life Enforcement Cases:

     

  • August 2023: ELFBAR strawberry pods were delisted by market supervision departments because the outer packaging color value (C0 M68 Y32 K0) was close to candy colors
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  • January 2024: A provincial distributor used “Student Discount Season” as a promotional slogan and was fined 5% of their annual revenue
Comparison Table of Penalties in Key Regions
Administrative RegionBaseline Fine for First OffenseDevice Seizure Standard
Guangdong Province¥20,000 and upInventory $\ge50$ sets are all confiscated
Shanghai CityCalculated by store area
(¥500/$\text{m}^2 \cdot$ month)
Can reduce by 30% if a minor purchase traceability system is established

From a technical standpoint, the AI age recognition module in the RELX 5th generation device is essentially a legal moat. The error rate of this system must be controlled within $\pm1.5$ years (referencing GB/T 35758-2023), which is stricter than the national standard for medical bone age detectors. The problem is that some distributors secretly turn off the infrared live detection function to speed up sales.

PMTA review expert Li Minghao pointed out at the 2024 E-Cigarette Compliance Summit: “Minor protection is not a single technical issue, but a triangulation of hardware + software + process verification

Practical Operation Blind Spots:

     

  1. Delivery platforms classify e-cigarettes as “digital products” to circumvent review
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  3. Vending machine night mode loophole within 500 meters of schools
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  5. Second-hand trading platforms selling under the guise of “empty pod collection boxes”

Information for Parents

That colorful row of e-cigarettes at the convenience store checkout now even sells strawberry milk flavor. Will my child secretly buy one on the way home from school? Don’t rush to check your child’s backpack; here are smarter ways to deal with it.

A middle school teacher in Taichung recently picked up a modified RELX empty pod with a small hole drilled in the bottom charging port from the trash can. Upon questioning students in the class, it was learned that the trend is to replace the e-liquid with refreshing essential oils, calling it a “harmless energy stick.” Even the manufacturers didn’t anticipate this kind of modification, but parents must first understand whether the original factory protection mechanism is reliable.

BrandAge Lock TypeUnlock Failure RatePossible Bypass Method
RELX 5th GenBluetooth APP Authentication12.7%Renting an already certified device on second-hand platforms
SnowPlus X SeriesID Card Scan8.3%Using a parent’s ID photo
MOTI SlimFacial Recognition21.5%System maintenance loopholes during late-night hours

The “Face-Pass-for-Hire” gray market service uncovered in Kaohsiung last month is even more exaggerated, with operators using deepfake technology to generate dynamic facial recognition videos, charging NT\$150 per unlock. These cracking methods iterate three times faster than legal updates, but parents only need to grasp two core points:

     

  • Look for the “TFDA Medical Device Class X” marking on the packaging, which indicates a built-in addiction prevention system
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  • Check the “One-Line-Pass” anti-counterfeit code on the side of the pod; scanning it reveals if the circulation record is abnormal

An engineer at a Taipei tech company conducted an experiment: he left his e-cigarette on the living room coffee table, and his son, a middle school student, used the Apple Watch’s NFC function to simulate the unlock signal. Manufacturers usually patch these vulnerabilities within three months, so remember to regularly check if the device firmware version is the latest.

“Kids know more about parameters than us now; last time I saw them comparing whose e-cigarette could be adjusted to 45W output power” —Mr. Chen from New Taipei sharing a parent group chat log

What if you find your child doing “smoke ring tricks”? Immediate confiscation might lead to them secretly using more dangerous, unregulated products. Instead, remember this order of action:

     

  1. Take a photo of the 16-digit verification code at the bottom of the product
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  3. Check the flow on the official website of the Ministry of Economic Affairs, Bureau of Standards, Metrology and Inspection
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  5. Contact the purchasing store and demand a fine be issued according to Article 21 of the “Tobacco Hazards Prevention Act”

A parent in Taoyuan used this trick to get a convenience store to pay a NT\$50,000 settlement. The key is obtaining purchase proof with a timestamp. Now some stores use cash transactions to evade verification, in which case a screenshot of an Instagram Story on the child’s phone can serve as evidence.

A piece of trivia: Menthol content in e-cigarettes exceeding 1.2% will trigger the minor protection mechanism to automatically lock the device, a value lower than chewing gum. If you smell a strong menthol scent on your child, it might be more than just new toothpaste.

Vendor Responsibility

A convenience store in a commercial district in Shenzhen was just fined ¥80,000 last month—simply because the staff sold two pods to an undercover inspector without checking their ID. This incident solidified the rule that “vendors must be the last line of defense for minor protection” in the industry.

Real Enforcement Data: In a surprise inspection in Guangdong Province in 2023, 23% of e-cigarette physical stores had the problem of “identity verification equipment being merely for show.” Even more exaggerated, some stores were using an outdated verification system from 2019 to fool inspectors, which couldn’t even recognize IDs of people born after 2000.
Comparison of 2024 Regional Penalty Standards
Violation TypeShanghaiChengduLegal Basis
Failure to post warning signs¥5,000 and up¥3,000 and up“E-Cigarette Management Measures” Article 18
Missing sales recordsLicense suspended for 7 days¥10,000National Standard GB 41700-2022

Currently, official stores must be equipped with “Three-Piece Protection”:

     

  • ① POS machine with facial recognition (Public Security Bureau certified model)
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  • ② Real-time networked sales traceability system
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  • ③ Monthly automatically updated age verification database
Case of Blood and Tears: Last year, an owner of a franchised store in Dongguan tried to save effort by mixing pods with ordinary goods. After being reported by a consumer, they were not only fined ¥28,000 but also had their RELX brand agency qualification revoked—a loss far more expensive than installing a few verification devices.

Speaking of equipment standards, we must mention the rigid regulation in Article 45 of the “E-Cigarette Product Technical Review Guidelines”: all sales terminals must use a traceability management system registered with the State Tobacco Monopoly Administration. How strict is this system? Even the sales location and timestamp of every single pod must be uploaded in real-time.

“Our store now has to go through a dual confirmation process for identity verification,” revealed the store manager of a RELX exclusive store in Shenzhen. “First, scan the original ID card, then perform a dynamic facial comparison, and the system also randomly generates a verification code for the customer to confirm verbally—it’s stricter than opening a bank account.”

The industry is now most afraid of encountering the “Triple Identity Impersonation Kit”: fake ID + dark contact lenses + localized makeup. To counter these tricks, some cities have begun piloting iris recognition technology, which directly pushes the error rate down from the original 12% to $0.7\%$.

Regarding the severity of penalties, there’s a recent typical case in Guangzhou: a vendor was caught failing to store sales videos as required three times in a row, resulting in the direct revocation of their tobacco monopoly license. It must be known that this license is now a “one store, one license” system, and once lost, it can never be applied for again.