South Korean E-cigarette Association sues government for economic damages.

The Korean e-cigarette association has filed a lawsuit against the government, accusing it of causing economic losses to small business owners involved in the e-cigarette industry by providing incorrect information.

The Korea E-cigarette Association (KECA) has accused the government's health agency, the Ministry of Health and Welfare (MOHW), of damaging the reputation of small e-cigarette businesses and causing financial problems by urging the public to stop using liquid e-cigarettes in a press release dated February 23, 2019. KECA claimed that the basis for MOHW's decision was a notice from the US Food and Drug Administration (FDA) prohibiting the sale of liquid e-cigarettes due to the use of tetrahydrocannabinol, a main culprit in the US outbreak of severe lung illness associated with vaping that claimed eight lives and resulted in a ban on vaping products by the FDA in 2019. The South Korean Health Ministry, however, confirmed only one suspected case of lung injury related to e-cigarettes at the time of the press release and said that even that case was suspected to be from a smoker. According to a study published in the Journal of Korean Medical Science in December 2021, there have been no cases of severe pneumonia or lung injuries among users of liquid e-cigarettes. Despite these findings, KECA criticized the Health Ministry for not withdrawing its strong recommendation to suspend the use of liquid e-cigarettes and accused them of neglecting their duty. KECA also took issue with a press release issued by the Korean Disease Control and Prevention Agency (KDCA) on July 21, titled "Liquid E-cigarettes Disperse More and Farther Fine Dust than Cigarettes," saying that the measurements of fine dust by the KDCA were unavoidably higher in areas of higher humidity due to the method used in measuring them. KECA further argued that the comparison of liquid e-cigarettes and tobacco in the same environment is an inappropriate research method that fails to consider the unique characteristics of liquid e-cigarettes. KECA maintained that the government has already acknowledged that e-cigarettes are safer than tobacco, citing a 2017 test by the Ministry of Food and Drug Safety (MFDS) that found harmful substances in liquid e-cigarettes to be much lower than those in tobacco. KECA also pointed out that no tar or carbon monoxide was detected in liquid e-cigarettes, and the levels of formaldehyde and acetaldehyde were 1/20th and 1/500th those in cigarettes, respectively. Despite the significant differences in harmful substance contents, KECA protested that the Health Ministry's anti-smoking campaign has created a false perception that liquid e-cigarettes are as harmful as tobacco, causing great economic and psychological harm to e-cigarette business owners. KECA's Vice President Kim Du-hwan stated that KECA would do its utmost to win a legal battle against the government by preparing all scientific evidence and logical arguments to address the unfair treatment of small e-cigarette business owners who are unable to voice their concerns. A spokesperson for the Health Ministry responded to the lawsuit by stating that the relevant authorities would thoroughly examine the details of the complaint and work with other agencies such as KDCA and MFDS to address the issues.

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