South Korea's Tax Policy on Solid Nicotine Vapes Sparks Debate as Tobacco Industry Urges Urgent Regulation of Synthetic Nicotine

May.14.2025
South Korea's Tax Policy on Solid Nicotine Vapes Sparks Debate as Tobacco Industry Urges Urgent Regulation of Synthetic Nicotine
South Korea’s low tax on solid nicotine vapes has raised concerns over tax avoidance, but industry players note the products are already regulated and have minimal market share. The real regulatory gap, they argue, lies in synthetic nicotine, which remains largely unregulated amid slow legislative progress.

Core focus:

 

1.Tax controversy shifts focus to solid nicotine e-cigarettes: South Korea's regulatory discussions on synthetic nicotine have sparked debate over the tax system for "solid-type" e-cigarettes, with concerns that they may become a means to avoid taxation.

 

2.Industry refutes tax avoidance accusations: Industry insiders point out that these products were already included in the regulations of the Tobacco Monopoly Law as early as 2017 and are not considered loophole products. Currently, they are only sold in small quantities by small and medium-sized enterprises, and tax issues are not a new phenomenon.

 

3.Historical and international comparisons: South Korea uses a tobacco tax system similar to Japan, which taxes based on weight. Japan has had a similar policy without controversy for 12 years, prompting industry insiders to question why it is only now being seen as a problem.

 

4.The regulatory gap in synthetic nicotine is receiving more attention: Compared to traditional solid nicotine e-cigarettes, the industry believes that the current focus should be on the unregulated status of synthetic nicotine, which is not subject to the Tobacco Business Law, untaxed, and widely circulating in the market.

 

5.Policy delays trigger regulatory vacuum: Despite plans to advance legislation, the relevant committees in the South Korean National Assembly failed to push through the bill in February 2024, causing uncertainty over the prospects of synthetic nicotine regulation.

 


 

According to News1 on May 13th, the recent controversy over the regulation of synthetic nicotine products in South Korea has extended to the tax system design for solid nicotine e-cigarettes, prompting further discussion at the policy level regarding tax fairness and regulatory loopholes.

 

Industry professionals point out that currently, the "solid type" nicotine e-cigarette referred to in the market is classified as a "tobacco solid e-cigarette" according to the Tobacco Industry Law. Its structure is based on tobacco solid materials, and it produces vapor for users to inhale after being heated by electronic devices.

 

This type of product first entered the market in 2017 by JTI Korea, a subsidiary of Japan Tobacco International, and in 2019 by BAT Rossmann, a subsidiary of British American Tobacco Korea. Although there were tax differences compared to similar HNB products at the time, it did not spark any major controversy. As sales have been weak, mainstream tobacco companies have gradually exited the market, leaving supply mainly in the hands of small and medium-sized enterprises. Current sales volume is even less than 10% of what large companies sold when they first introduced the product.

 

Solid nicotine products are taxed based on weight, a system that was modeled after Japan's relevant regulations. Even in Japan, these products face a tax burden about 70% lower than heated cigarettes, yet they have been sold for 12 consecutive years without raising any serious concerns about tax avoidance. The industry in South Korea has expressed skepticism towards the current situation where sales by small and medium-sized enterprises are causing tax disputes, describing it as a manifestation of "double standards.

 

At the same time, the industry widely believes that the more pressing issue than solid nicotine products is the regulatory gap in synthetic nicotine. Because synthetic nicotine is not directly derived from tobacco leaves, it currently falls outside the definition scope of the Tobacco Industry Law. As a result, it avoids the burden of tobacco consumption tax and is not subject to regulations in aspects such as online sales, self-service vending, and youth access.

 

Although the Economic Working Group of the Congressional Enterprise Finance Committee pushed for the inclusion of synthetic nicotine in regulatory legislation in February 2024, the bill ultimately failed to pass due to the need for further research. With the advancement of election political agendas, related legislation may face difficulties in making substantial progress in the short term.

 

Industry insiders point out that currently, small and medium-sized enterprises legally operating solid nicotine e-cigarettes are being depicted as "new types of circumvention products," which is unfair to law-abiding entities. They further suggest that if the authorities truly intend to guide the optimization of the industry structure through tax policies, they should consider adopting the current tax system based on weight for solid tobacco products as a policy tool to regulate new tobacco products, rather than targeting them as problematic and suppressing them.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
Special Report | Altria Subsidiaries Sue FDA to Vacate 2021 PMTA Rule as Agency Moves to Speed Reviews
2Firsts reviewed the original federal court complaint filed by Altria subsidiaries Helix Innovations and NJOY on Sept. 2 challenging FDA’s 2021 PMTA rule. The lawsuit questions whether FDA’s review process complies with the Tobacco Control Act’s 180-day timeline, even as the agency moves to accelerate PMTA reviews and issues more marketing orders. Drawing on the complaint, FDA records, government audits and recent court rulings, 2Firsts examines the legal arguments, supporting evidence and potential implications for the U.S. tobacco review system.
Regulations
Sep.03
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
Why AIRSCREAM Built its European Production Hub for Regulated Market Growth
AIRSCREAM’s production hub in the Czech Republic brings nicotine pouch manufacturing, e-liquid bottling, product documentation, warehousing and international logistics into one operation, giving brands and commercial partners a practical platform from which to launch, expand and enter new markets.
Market
Sep.16 by 2Firsts Perspectives
China’s HTP Exports Fell 14.3% in H1 2026 as Russia and Belarus Accounted for 76% Lead
China’s HTP Exports Fell 14.3% in H1 2026 as Russia and Belarus Accounted for 76% Lead
In H1 2026, China’s HS 24041100 exports stood at $1.32 million, down 14.3% YoY, with volume falling 17.2% to 55.33 tons. Market distribution shifted drastically amid overall export drops. Exports to Russia and Belarus totaled $1 million, taking 76.0% of all shipments versus 29.5% in H1 2025. Belarus became the top destination with export value jumping 177.5%, while the Philippines, Singapore and Indonesia’s combined share slumped from 49.3% to 11.2%.Domestically, Yunnan led exporter registrations; Jiangsu and Shanghai were key suppliers, yet Anhui and Sichuan had no exports. Heavy concentration means order or declaration changes for Russia/Belarus greatly affect national aggregate data. The data shows customs entry points (not end markets), covering tobacco consumables only, excluding heating equipment and the complete HTP supply chain.
Aug.11
UK PM Andy Burnham Reshapes Vape Retail Rules as Licensing Could Raise Barriers for New Shops
UK PM Andy Burnham Reshapes Vape Retail Rules as Licensing Could Raise Barriers for New Shops
UK Prime Minister Andy Burnham is pushing a high street reform agenda that could give local authorities greater powers over commercial activity, including vape retail. The reforms could involve expanded planning powers and a potential vape retail licensing system, allowing councils to play a larger role in store locations and market access. The measures are part of the UK’s broader shift toward tighter vape regulation, although no nationwide vape retail restrictions have yet been implemented.
Aug.11
Australia Tobacco Tax Debate Spreads Within Labor as NSW Premier Minns Reaffirms Support for a Cut
Australia Tobacco Tax Debate Spreads Within Labor as NSW Premier Minns Reaffirms Support for a Cut
Australia’s tobacco excise debate is increasingly exposing differences within the governing Labor Party. New South Wales Labor Premier Chris Minns reaffirmed on September 8 that he supports reducing tobacco excise, arguing that current tax settings are pushing consumers toward cheaper black-market cigarettes. Federal Health Minister Mark Butler continues to oppose an excise cut, while Treasurer Jim Chalmers and Assistant Treasurer Daniel Mulino have recently stopped short of ruling out future changes. The divergence follows the opposition Coalition’s proposal to cut tobacco excise by 80%.
Sep.08
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore Seeks to Toss CCELL Price-Fixing Claim as Court Weighs Vertical Distribution Versus Horizontal Conspiracy
Smoore and four authorized U.S. CCELL distributors are asking a California federal court to permanently dismiss a core antitrust claim brought by direct purchasers. Plaintiffs allege that Smoore coordinated minimum wholesale prices, customer allocation and limits on price competition among distributors, amounting to a per se unlawful horizontal conspiracy. The defendants say the alleged conduct reflects ordinary vertical relationships between a manufacturer and its distributors. The court previously dismissed a similar claim, and the latest dispute centers on whether the second amended complaint adds sufficient facts to establish a horizontal agreement.
Sep.14