South Korean National Assembly Reviews Tobacco Business Act Amendment: Synthetic Nicotine E-Cigarettes to Be Regulated

Key Points

• Amendment expands definition of tobacco from “tobacco leaves” to “tobacco and nicotine.”
• Current law excludes synthetic nicotine e-cigarettes, allowing youth access and tax/advertising evasion.
• Consumer Council found some “nicotine-free” products still contained nicotine.
• Imports of similar nicotine surged from 56 tons (2020) to 200 tons (2023).
• Lawmaker Park Sung-hoon (People Power Party) proposed including synthetic nicotine, similar nicotine, and other chemicals in the definition of tobacco.
• Lawmaker Park Hee-seung (Democratic Party) suggested revising the Pharmaceutical Affairs Act to classify similar nicotine as a quasi-drug.

South Korea’s National Assembly Planning and Finance Committee is expected to review the amendment to the Tobacco Business Act this week. The amendment seeks to expand the legal definition of tobacco from “tobacco leaves” to “tobacco and nicotine,” thereby bringing synthetic nicotine e-cigarettes under regulation.

Currently, products using synthetic nicotine fall outside the law, making them a gateway for youth to access tobacco while escaping tax and advertising restrictions. Some businesses have even set up vending machines selling synthetic nicotine e-cigarettes near schools.

A survey by the Korea Consumer Agency revealed that several e-cigarettes labeled “nicotine-free” still tested positive for nicotine. Meanwhile, imports of “similar nicotine” have surged, rising from 56 tons in 2020 to 200 tons in 2023, following a relaxation in classification standards.

Industry experts caution that regulating only synthetic nicotine while excluding similar nicotine will create blind spots, undermining the amendment’s effectiveness. They argue that both categories should be included in the tobacco definition during parliamentary discussions.

People Power Party lawmaker Park Sung-hoon has proposed a broader amendment to expand the tobacco definition to include “tobacco, synthetic nicotine, similar nicotine, and other chemicals designated by presidential decree.” He stressed that excluding new tobacco products not derived from tobacco leaves encourages youth smoking.

Earlier in February, Democratic Party lawmaker Park Hee-seung proposed an amendment to the Pharmaceutical Affairs Act to designate similar nicotine as a quasi-drug, thus strengthening government oversight. He warned that regulating only synthetic nicotine could create a “balloon effect,” driving the growth of the similar nicotine market and causing new side effects.