By Timothy S. Donahue

Top Takeaways:

• Loophole closes: South Korea has begun full enforcement of regulations that treat synthetic nicotine products the same as conventional tobacco.
• Vapes face tobacco rules: Synthetic-nicotine e-cigarettes are now subject to smoking bans, advertising restrictions, and health warnings.
• Inspections underway: Authorities will conduct nationwide enforcement through July 15, following a two-month implementation period.

South Korea has begun full enforcement of new regulations classifying synthetic nicotine products as tobacco, closing what had long been viewed as one of the country’s most significant regulatory gaps in vaping products.

The Ministry of Health and Welfare (MOHW) and local governments launched nationwide inspections of non-smoking areas and cigarette vending machines on Tuesday, following the expiration of a two-month implementation period after amendments to the Tobacco Business Act took effect in April.

The revised law expands South Korea’s legal definition of tobacco to include all nicotine-containing products, not just those made from tobacco leaf, regardless of whether the nicotine is naturally derived or synthetic. As a result, synthetic-nicotine liquid e-cigarettes are now subject to the same regulatory framework as conventional cigarettes and heated tobacco products, including restrictions on public use, advertising, packaging, and sales.

Individuals caught using e-cigarettes that produce liquid in designated non-smoking areas may be fined up to 100,000 won (US$73).

The nationwide enforcement campaign, running through July 15, will also assess compliance with cigarette vending machine regulations. Under South Korean law, vending machines may be installed only in locations where minors are prohibited from entering, such as licensed tobacco retailers, and must include adult age-verification systems.

The government said the inspections will combine education and enforcement to help retailers and consumers adapt to the expanded regulatory framework.

The changes follow years of debate over synthetic nicotine products, which health advocates and regulators had criticized for exploiting a legal distinction that defined tobacco solely as products made from tobacco leaf. That distinction allowed some synthetic nicotine vaping products to avoid regulations that applied to conventional tobacco products.

The amendments effectively eliminate that distinction by regulating products based on their nicotine content rather than on the nicotine’s source. The government said the reforms were prompted, in part, by the rising use of alternative nicotine products.

“By clearly defining synthetic nicotine products as tobacco, we have enhanced the protection of public health and the effectiveness of tobacco regulation,” an MOHW official said. “Smokers need to familiarize themselves with the changed system so as not to be disadvantaged.”