South Korea’s proposed legislation to crack down on synthetic nicotine – which is used in vapes – has been thrown out of parliament.
The Bill to regulate synthetic nicotine products failed to be passed by the National Assembly Standing Committee on Monday.
The proposed amendment to the Tobacco Business Act sought to expand the definition of cigarettes to bring vapes under the same strict regulation. It was discussed at the National Assembly’s Economic and Financial Subcommittee but not approved.
Questions over research that vapes are harmful
Some lawmakers who opposed the Bill questioned the government’s research findings that synthetic nicotine is harmful to health. They also argued that the change would put the survival of vape retailers under threat. The government has expressed its intentions to reintroduce the legislation, although no specific timeline has been set.
Currently, the term “cigarettes” in South Korea only legally refers to those manufactured using “tobacco leaves” as raw materials. Therefore, synthetic nicotine products such as vapes are not subject to the same higher taxes or surcharges.
In addition, regulations such as warning labels, advertising restrictions, and online sales restrictions do not apply. There is also no punishment for retailers found selling vapes or other alternative nicotine products to minors, which in South Korea means anyone under the age of 19.
The 10 proposed revisions to the Tobacco Business Act put forward by People Power Party lawmaker Park Seong-hoon would have expanded the scope of tobacco raw materials from ‘tobacco leaves’ to ‘tobacco and nicotine.’
Questions over the government’s findings that vapes are harmful to health are backed by a landmark study led by South Korean academics.
The study, published in October, found that switching to vaping from smoking leads to significantly less fatal and life-threatening cardiac events in people with heart disease.
Published in the European Heart Journal, the research found that switching to vapes was equally as beneficial as quitting smoking entirely without using any alternatives.
How synthetic nicotine is regulated elsewhere
South Korea would not be the first to regulate synthetic nicotine products alongside traditional cigarettes.
In 2022, the U.S. Food and Drug Administration (FDA) extended its regulatory authority to include synthetic nicotine. Previously, alternative nicotine products were not covered by the Family Smoking Prevention and Tobacco Control Act.
The Synthetic Nicotine Enforcement Act now means that manufacturers must submit products for FDA approval before selling them, similar to tobacco-derived nicotine products.
The European Union also passed legislation in 2021 that means synthetic nicotine is regulated as part of its Tobacco Products Directive (TPD).
In Canada, any product that contains nicotine, regardless of the source, must be authorised by Health Canada.
