Recently, some parents have reported that their children who are still in the first year of high school buy cigarettes through takeaway platforms, and many students also buy them in this way. A reporter from Beijing Youth Daily found that some supermarkets and convenience stores that have settled on takeaway platforms use "codes" to sell cigarettes, renaming different brands of cigarettes "Double Explosion", "Red", "Jing", etc. Just click to place an order to buy cigarettes quickly.
A number of takeaway platforms have said that the sale of tobacco products is prohibited on the platform, let alone the sale of cigarettes to minors, and that the merchants involved will be investigated. Legal sources say that selling cigarettes through takeaway platforms is illegal. If the merchant or platform sells illegally, the lesser one will be fined, and the more serious one may constitute the crime of illegal business operation.
phenomenon
There are merchants selling cigarettes on the takeaway platform.
Recently, Mr. Wu, a citizen, reported that he had received a call from his son’s head teacher some time ago, saying that his son, a freshman in high school, had smoked in the school’s men’s toilet. After learning this, Mr. Wu was very angry, but he did not understand how his son, who was under 18, obtained the cigarettes. "If you go directly to the store to buy it, the store should not sell it to him, and there is no habit of storing cigarettes at home."
After returning home from get off work that day, Mr. Wu immediately talked to his son, who confessed that his cigarettes were bought from the takeaway platform. Not only did he do this, but many students who smoked in the school had bought cigarettes in this way.
After listening to his son’s description, Mr. Wu opened the takeaway software on his son’s mobile phone and was surprised to find that there were indeed many merchants selling cigarettes on it, but the names of these cigarettes had been treated to a certain extent, and the pictures of the products were blurred. Mr. Wu never expected that the takeaway software installed for his son because he was worried that he would not be able to go home to cook on time had now become a channel for his son to buy cigarettes.
Coincidentally, Ms. Feng, who lives in Chaoyang District, Beijing, also reported to the Beiqing Daily reporter that she had seen some supermarkets on the takeaway platform change the names of cigarettes to "Double Explosion", "Red", "Jing", etc. Although the pictures of the products were blurred, familiar people could tell at a glance that they were the packaging of cigarettes.
survey
Cigarette sales are covered with "codes"
According to the accounts of Mr. Wu and Ms. Feng, reporters from Beiqing Daily found a merchant "Affordable Supermarket" with a "strange" product classification on a takeaway APP.
In an "affordable supermarket", the goods are divided into "grain and oil seasoning", "fresh fruits and vegetables", "life general merchandise" and other categories. The reporter of Beiqing Daily noticed that one of the products is classified as "unquenchable", which contains a total of 18 products. There are two products that are lighters, but the word "fire" is not stated, but a flame pattern is used instead. The other 16 products are all products with vague pictures and unclear names. In addition to the "double explosion", "red" and "Beijing" mentioned by Ms. Feng, there are also "777", "Tashan", "Uncle" and "Uncle".
A reporter from Beiqing Daily placed an order for a "red" in the "affordable supermarket". Half an hour later, the goods were delivered by a takeaway staff who did not wear a platform uniform. When they opened it, they found that the product named "red" was a pack of cigarettes with a red "Liqun" trademark on the outer package.
Subsequently, the reporter of Beiqing Daily searched for the above name as a keyword on three takeaway platforms that have been used for a long time on the market. In a supermarket on the Baidu takeaway APP, there is a product classification called "Swallowing Cloud – Spitting Mist".
There were 16 products in the product category, except for one lighter, the others were all products named "ESSE Love Xi Ball 4" and "Seven Star Ball". After the Beiqing Daily reporter placed an order for "ESSE Love Xi Ball 4", the takeaway staff sent a pack of blue "ESSE" brand cigarettes.
Through observation, Beiqing Daily reporters found that the supermarkets that "changed their names" to sell cigarettes not only have smaller self-operated supermarkets, but also chain supermarkets. On the Meituan takeaway APP, in a supermarket chain called "Hualian Supermarket", Beiqing Daily reporters saw that the supermarket also sold cigarettes online. In addition, all merchants who "changed their names" to sell cigarettes on these takeaway platforms have marked the words "minors are prohibited from buying" on the interface.
At the same time, the Beiqing Daily reporter also noticed that after purchasing cigarettes on the Meituan takeaway app, the delivery staff was responsible for the delivery, while after purchasing cigarettes on Ele.me and Baidu takeaway, it was Meituan who ran errands.
respond
The delivery platform does not allow the sale of cigarettes.
Regarding the sale of cigarettes by merchants through takeaway platforms, a convenience store operator told the Beijing Youth Daily that he had consulted with tobacco company inspectors and takeaway platform parties on whether cigarettes could be sold in online stores and takeaway platforms. Tobacco company inspectors and takeaway platforms have made it clear that cigarettes must never be sold on the Internet and takeaway platforms.
In this regard, the reporter of Beiqing Daily called three takeaway platforms respectively. The customer service of Ele.me told the reporter of Beiqing Daily that according to relevant regulations, supermarkets are not allowed to sell cigarettes on the Ele.me APP, let alone sell cigarettes to minors. If there are merchants who "change their names" and sell them, the platform will investigate and deal with them.
Baidu takeaway APP staff said that at present, supermarkets on Baidu’s takeaway platform are not eligible to sell cigarettes, and further investigation will be conducted into whether any merchants on the platform sell cigarettes, and consumers are not encouraged to buy cigarettes at these merchants.
The staff of Meituan takeaway APP introduced that even if the offline supermarket has the license to sell cigarettes, it is not compliant to sell cigarettes on the platform. However, because many merchants have inserted various "codes" for cigarettes when selling cigarettes, the platform also has certain difficulties in supervision, but will investigate the specific points of sales reported by the Beiqing Daily reporter.
The relevant staff of the State Tobacco Monopoly Administration said that it has investigated the sale of cigarettes by some merchants on takeaway platforms.
say
Cigarettes must be sold in a fixed location
Regarding the online "illegal sale" of cigarettes in some supermarkets on the takeaway platform, Chang Sha, a lawyer from Beijing Kyoto Law Firm, said that according to the "Regulations on the Implementation of the Tobacco Monopoly Law", tobacco, as a special commodity, must hold a tobacco monopoly license to carry out production, wholesale and retail business. At the same time, the "Measures for the Administration of Tobacco Monopoly Licenses" also stipulate that one of the conditions for obtaining a tobacco monopoly retail license is "having a fixed business place", and online sales do not meet this condition and cannot apply for a tobacco monopoly retail license. In addition, tobacco can only be wholesale sold online by units with production or wholesale qualifications, and cannot be retail.
Han Xiao, a lawyer at Beijing Kangda Law Firm, said that according to the "Notice on Strictly Cracking down on the Illegal Operation of Tobacco Monopoly Using Internet and Other Information Networks" jointly issued by the State Tobacco Monopoly Bureau, the Ministry of Industry and Information Technology, and the Ministry of Public Security, other Internet information service providers are not allowed to provide Internet information services for the operation of tobacco monopoly products, except for the network trading platform designated by the tobacco monopoly administrative department.
The takeaway platform does not have the authorization or approval of the tobacco monopoly administrative department, and the platform does not have the qualification to review whether the merchant has the monopoly license, nor does it have substantive review behavior. Therefore, under the current legal framework, it is illegal for even merchants with monopoly retail licenses to sell tobacco through takeaway platforms.
In addition, the Law on the Protection of Minors also clearly stipulates that the sale of tobacco and alcohol to minors is prohibited, and through the takeaway platform, it is difficult for merchants to confirm whether the transaction object is a minor, so it is difficult to fulfill the corresponding duty of care. Therefore, it is illegal to sell cigarettes through the takeaway platform. If the merchant or platform sells illegally, the lighter will be fined, and the more serious may constitute the crime of illegal business operation.
By our reporters, Wang Tianqi and Li Zhuoya
Clue provided/Ms. Zhu
