South Korea Expands Tobacco Regulations to Include E-Cigarettes

On February 4, 2023, the South Korean government announced significant amendments to the Tobacco Business Act, set to take effect on April 24, 2023. This revision will expand the legal definition of tobacco to encompass all nicotine-based products, including synthetic nicotine liquid e-cigarettes. The changes aim to address the unregulated sales and promotion of e-cigarettes, which have increasingly become popular among youth, particularly female students.

South Korea to regulate e-cigarettes by classifying them as tobacco productsKorea to Regulate Synthetic Nicotine as Tobacco

Under the new regulations, all nicotine products will be subject to the same controls as traditional tobacco products for the first time in 37 years. This includes mandatory health warnings on packaging and strict advertising restrictions, particularly prohibiting promotional content that targets minors or highlights flavors. The Ministry of Health and Welfare stated that these measures are essential to close a longstanding regulatory loophole that has allowed synthetic nicotine products to be marketed with minimal oversight.

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The regulatory changes come amid rising concerns about youth access to e-cigarettes. Recent surveys indicated that liquid e-cigarettes have surpassed traditional cigarettes as the most commonly used tobacco product among female students. The appeal of flavored e-cigarettes, which are often marketed with candy, fruit, and floral scents, has contributed to their popularity among teenagers. Officials have noted that the lack of a proper regulatory framework has left minors vulnerable to these products.

South Korea to regulate e-cigarettes by classifying them as tobacco productsKorea to Regulate Synthetic Nicotine as Tobacco

To enforce compliance, the government plans to conduct inspections at retail shops and unmanned stores starting in late April. Violations of the new regulations could result in fines of up to 10 million won (approximately $8,700) or imprisonment for up to one year. Additionally, all tobacco products, including e-cigarettes, will be banned in designated non-smoking areas, with penalties for violations reaching up to 100,000 won ($69).

South Korea to regulate e-cigarettes by classifying them as tobacco products

Despite the forthcoming changes, critics have pointed out that the existing regulatory environment has allowed e-cigarette vending machines to proliferate without adequate age-verification measures. A recent inspection revealed that 11% of the 241 e-cigarette vending machines surveyed lacked functioning age-verification devices, raising concerns about minors' access to these products. Unstaffed e-cigarette shops have thrived in a regulatory gap, operating without the same restrictions as traditional tobacco retailers.

South Korea to regulate e-cigarettes by classifying them as tobacco productsKorea to Regulate Synthetic Nicotine as Tobacco

A spokesperson from the Ministry of Health and Welfare emphasized the importance of the new regulations, stating, “The expanded definition allows us to respond more effectively to rapidly evolving tobacco products.” The ministry has urged manufacturers, retailers, and consumers to comply with the new obligations to protect public health, particularly among youth.

South Korea to regulate e-cigarettes by classifying them as tobacco products

As the April 24 implementation date approaches, the South Korean government is preparing for increased scrutiny of e-cigarette sales and marketing practices. The effectiveness of the new regulations in curbing youth access to e-cigarettes and addressing public health concerns will be closely monitored.

South Korea to regulate e-cigarettes by classifying them as tobacco products