By Timothy S. Donahue
Top Takeaways:
- Regulatory shift: Synthetic nicotine now classified as tobacco under recently revised law
- Sales crackdown: Online sales are banned, and retail licensing is required for distribution
- Compliance push: New rules mandate warnings, disclosures and product testing
South Korea announced that online sales of e-cigarettes and vaping products containing synthetic nicotine will be banned starting this week, following earlier amendments to the Tobacco Business Act that expanded the definition of tobacco to include nicotine “regardless of its origin.”
The amended rules that apply the same regulations to e-cigarettes as to combustible cigarettes take effect on April 24th. Additionally, those caught using e-cigarettes in no-smoking areas will face fines. The government has set a guidance period through June 23.
Going forward, those caught using e-cigarettes in no-smoking areas will face fines of up to 100,000 won, the same as for regular cigarettes.
Until now, the Tobacco Business Act has regulated only regular cigarettes made from tobacco leaves, so e-cigarettes containing synthetic nicotine have not been covered. Even if someone used a synthetic vape in a no-smoking area, fines could not be imposed.
Authorities could not prevent minors from buying them online without age verification. The tobacco consumption tax and the local education tax could not be levied. In response to these concerns, the Tobacco Business Act was amended.
The Ministry of Health and Welfare sent a notice to local governments that enforcement would be deferred until June 23. Products reported for release or import before the law takes effect are not subject to enforcement, because it is difficult to verify on-site whether items are existing inventory.
The Ministry of Economy and Finance characterized the move as necessary to address regulatory inconsistencies and strengthen oversight. With the new rules in place, manufacturers and importers must obtain government approval, register with local authorities, and comply with tax requirements. The government is offering a 50% tax reduction for 2 years, a transitional measure to ease the move to the regulated market.
E-cigarette packaging must display warning text and images, and list ingredients, including the volume of nicotine solution. Products must undergo testing for harmful substances every 2 years. Various taxes and charges must also be paid.
Online sales—one of the primary distribution channels for synthetic nicotine products—will no longer be permitted, requiring vendors to operate in licensed retail environments. Only businesses registered as tobacco retailers will be allowed to sell directly to consumers.
Officials signaled that enforcement will continue to evolve. Authorities are already reviewing how to handle “nicotine analog” products and other emerging formulations that may not yet clearly fall within existing definitions but could pose similar regulatory challenges.
