Beijing Court Landmark Ruling on Minor-Targeted Cigarette Cards

In a landmark ruling, a Beijing Internet court has ordered an online retailer to refund a consumer for purchasing toy "cigarette cards," while dismissing claims to hold the e-commerce platform directly liable. The verdict delivers a forceful argument against marketing such products to minors.

The case, identified as China's first public interest lawsuit over cigarette cards, centered on a purchase made in May 2024 by Li Enze, deputy director of the China Association on Tobacco Control, according to a Tuesday report by Southern Metropolis Daily. He bought 40 cards for 23.04 yuan (US$3.29) from a store on JD.com, one of China's major e-commerce platforms. The cards, advertised as "authentic" collectible toys to "keep children away from phones," depicted real cigarette brands.

"Cigarette card" is a controversial children's game in China where kids collect and compete with cardboard packets from cigarette boxes by flipping them on the ground.

Li, who is also a parent, argued that the cards covertly promote tobacco to minors and could increase their likelihood of smoking in the future. After failed negotiations with the seller and JD.com, he sued both, demanding refunds and product removal.

In its ruling, the court dedicated significant analysis to condemning the sale of cigarette cards to minors. It stated that such toys, bearing tobacco logos, "stealthily and persistently" spread tobacco influence, violating laws designed to protect minors from tobacco exposure. The court declared the sales contract void for "harming public interests and social morals."

However, the court stopped short of ordering JD.com to take down similar products, noting that the shop in question had already ceased operations and that such removal fell outside the scope of contractual remedies. JD.com had argued that it acted only as a service provider and that no current law explicitly prohibits the sale of cigarette cards.

Despite the landmark ruling, a spot check by Southern Metropolis Daily found cigarette cards still widely available on several major e-commerce platforms, including JD.com, suggesting that temporary removal measures may have been ineffective.

Li told the newspaper that the judgment "has relatively well safeguarded the public interest," emphasizing its role in setting a legal benchmark for protecting minors from tobacco advertising. The case highlights increasing scrutiny of products that may indirectly encourage smoking among children.