Selling vape in Moments is also illegal
When vape was banned by the online platform, the sales of vape on the Internet did not stop. On the online sales platform, they secretly sold vape products by selling vape peripherals, which was obviously a violation of regulations. Yes, but there is a certain amount of justice for selling vape through the Internet, that is, selling vape through WeChat Moments.
Why is it controversial to sell vape through WeChat Moments as a violation? That’s because there may be online and offline connections between micro-businesses and customers. Many micro-businesses are merchants in offline physical stores. They first conduct offline transactions with customers, and then through online For merchants to conduct transactions online, these customers are offline customers, and later they use more convenient methods for subsequent transactions.
However, according to the definition of e-commerce in the "E-commerce Law", it refers to the business activities of selling goods or providing services through the Internet and other information networks. The "E-commerce Law" divides e-commerce operators into three categories, one of which is through self-built websites , E-commerce operators that sell goods or provide services through other online services (for example, "WeChat merchants" that sell products through social apps such as WeChat and Weibo, and entities that provide services through Douyin or live broadcast apps). Therefore, according to the definition of e-commerce and e-commerce operators in the E-commerce Law, "micro-commerce" should belong to e-commerce.
Through the "Notice" to prevent minors from abusing vape, it can be seen that the state has a clear attitude and prohibits the sale of vape on the Internet. Not only that, but selling vape in Moments is an vape sales activity that uses personal private domain traffic. But I think that the nature of selling vape in Moments is still the case of selling vape on the Internet, and this behavior should be prohibited.
The act of selling vapes through WeChat Moments in the form of WeChat merchants is not only tolerated by the "Announcement", but also officially banned by WeChat. In March of this year, the WeChat security team released the "Announcement on WeChat Personal Account Release of Prohibited Articles and Fraud Actions", which publicized the special management of the WeChat personal account’s release of contraband information and the implementation of fraud since 2021. It also pointed out that citizens selling contraband on the Internet, depending on the severity of the circumstances, may have violated the Criminal Law, the Regulations on Public Security Administration Penalties and other relevant laws and regulations. At the same time, according to the "Tencent WeChat Software License and Service Agreement" and "WeChat Personal Account Use Regulations" 》 And other related regulations, personal accounts are not allowed to publish, display, and disseminate all kinds of prohibited goods sales information, including but not limited to: cigarettes, vape, e-liquid, aphrodisiac, vulgar pornography, plug-in, surrogacy, personal privacy information, illegal health products , Medical equipment, etc.
Obviously, selling vape through WeChat and other social media is not essentially different from selling vape on e-commerce platforms. Moreover, selling vape in WeChat Moments has violated the requirements of the "Notice" and WeChat official.
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