E-cigarette regulations strengthening next year as gov't seeks to curb teenage use

E-cigarettes that use synthetic nicotine will soon be classified as tobacco from April of next year, marking the first change to the legal definition of tobacco in 38 years since the enactment of the Tobacco Business Act in 1988.

A convenience store worker is seen in front of a display of cigarettes and vapes at a store in Seoul on June 12. [YONHAP]

There will be no more “strawberry-flavored vaping” advertisements thanks to a new law. E-cigarettes that use synthetic nicotine will soon be classified as tobacco from April of next year, marking the first change to the legal definition of tobacco in 38 years since the enactment of the Tobacco Business Act in 1988.

The revised Tobacco Business Act will take effect on April 24, 2026, according to the Ministry of Health and Welfare and the Korea Health Promotion Institute on Friday. So far, Korea's tobacco regulations applied only to products that contained tobacco leaves.

As a result, e-cigarettes that use synthetic nicotine have not been subject to tobacco regulations, falling into a legal blind spot. This revision is intended to close that loophole.

The government has been holding a series of public discussions and conducting studies on how to regulate e-cigarettes. Since 2021, annual tobacco control policy forums have been held with academics and civic groups, while surveys and monitoring of e-cigarette markets and consumer behavior have also been carried out.

Multiple studies conducted by the Health Ministry, the Ministry of Food and Drug Safety and the Korea Disease Control and Prevention Agency have found that synthetic nicotine e-cigarettes contain carcinogens and other harmful substances.

The biggest change brought by the revision is the requirement to include health warnings. Under the National Health Promotion Act, synthetic nicotine e-cigarettes will be required to display warning images and text on their packaging.

Health authorities plan to monitor compliance among manufacturers and importers, as they have already prepared a manual for health warnings based on the unique form of e-cigarette products.

A person is seen smoking an e-cigarette at a smoking zone in Seoul on June 12. [YONHAP]

Regulations on tobacco advertisements will also be strengthened. Warning messages must be placed in the center of the bottom portion of all in-store advertisements and ads printed in newspapers and magazines.

Under the expanded definition of tobacco, using synthetic nicotine e-cigarettes in smoke-free zones such as schools, hospitals and government offices will result in fines. Flavor- and scent-based marketing that targets teenagers and young adults will also be curbed.

Once the new law is in place, restrictions on flavor descriptors will apply to synthetic nicotine e-cigarettes as well, prohibiting packaging and advertising that emphasize flavors like fruit or sweets.

Promotional activities will also be severely restricted. Except for inside designated tobacco retail stores, all online advertisements, external store displays and sponsorships of expos or marketing events involving synthetic nicotine e-cigarettes will be banned. Sales via online shopping malls and social media will also be prohibited.

Stricter regulations will also apply to unmanned vending machines. Synthetic nicotine e-cigarette vending machines will be restricted to designated locations and required to have adult verification systems. From February next year, the installation and operation of vending machines in designated Educational Environment Protection Zones will be gradually banned.

A person holds up e-cigarettes, or vapes, during a National Assembly session at the National Assembly in Yeouido, western Seoul on Feb. 18. [NEWS1]

The amendment comes in response to a shift in the tobacco market. The use rate of liquid-type e-cigarettes among Korean teenagers rose to 3.1 percent in 2023, approaching the adult usage rate of 4.5 percent.

The World Health Organization recently criticized tobacco companies’ marketing strategies that target young people. It warned that so-called “harm reduction strategies,” which market e-cigarettes as a less harmful alternative through flavors, scents and sleek designs, have led to a decline in public vigilance.

Many countries already include synthetic nicotine in their tobacco control frameworks. The United States classifies all nicotine-containing products as tobacco, while countries like Canada, France and New Zealand also regulate e-cigarettes under their tobacco laws.

However, challenges remain. Products that claim to be nicotine-free, as well as e-cigarette devices and components, remain outside the scope of regulation.

A person smokes an e-cigarette in this file photo. [JOONGANG ILBO]

Experts argue that a more comprehensive system centered on the function and intended use of products — rather than just their ingredients — is needed to keep up with the rapidly-evolving tobacco market.

“This revision of the Tobacco Business Act is significant in that it establishes a regulatory framework for managing nicotine itself, in addition to traditional tobacco leaves,” said Jeong Hye-eun, director of the Division of Health Promotion at the Health Ministry.

“We will continue to strengthen tobacco control policies, including applying health warnings to new tobacco products, expanding smoke-free zones, tightening regulations on advertising and promotion and improving education and awareness,” Jeong added. “We will also establish a more systematic structure for providing smoking cessation services to protect public health from tobacco.”

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom. BY RHEE ESHTER [lim.jeongwon@joongang.co.kr]