Electronic Cigarette Association, "Cannot Accept Strong Recommendation to Stop Using 'Liquid-Type Electronic Cigarettes'"... Files Constitutional Complaint

Constitutional Petition Filed at the Constitutional Court on the 10th
"No Legal or Scientific Basis for Strong Recommendation to Stop Using Liquid-Type E-Cigarettes"
"Violation of Constitutional Principles of Legal Reservation and Prohibition of Excessive Restriction"
"Will Pursue State Compensation Lawsuit if No Corrective Measures Are Taken"

[Asia Economy Reporter Choi Saeng-hye] The Electronic Cigarette Association Federation strongly opposed the Ministry of Health and Welfare’s “strong recommendation to stop using liquid-type electronic cigarettes” measure and filed a constitutional complaint with the Constitutional Court on the 10th.

On the 19th, the Federation announced this official position. The Federation stated, "Since the suspected cases related to electronic cigarette use occurred last year, we have endured repeated patience, bearing enormous business losses while expecting reasonable and objective measures from government authorities. However, despite no legal or scientific grounds and the fact that problematic substances found in the U.S. were not detected in liquid-type electronic cigarettes distributed domestically, the Ministry of Health and Welfare continues to maintain the strong recommendation to stop usage," explaining the background of the constitutional complaint.

Earlier, on December 12 last year, the Ministry of Health and Welfare announced the “Analysis results of suspected harmful substances in domestic liquid-type electronic cigarettes,” stating that tetrahydrocannabinol (THC), a cannabis-derived substance problematic in the U.S., was not detected in electronic cigarettes distributed domestically. Regarding vitamin E acetate, the Ministry itself disclosed in its press release that compared to the U.S. FDA’s test results, only a “very small amount” was detected.

The Federation raised its voice, saying, "The Ministry of Health and Welfare maintains the strong recommendation to stop usage for the entire liquid-type electronic cigarette category simply because vitamin E acetate was detected in extremely small amounts in ‘some products’ and vaguely because human toxicity studies are planned."

It added, "Even though propylene glycol (PG) and glycerin (VG) are naturally detected in all tobacco and similar tobacco products, the Ministry absurdly uses the detection of trace amounts of these substances as grounds for the stop usage recommendation."

The Federation said, "Due to many issues with the second measure in December, we attempted multiple times to contact the Ministry of Health and Welfare for consultations, but the Ministry firmly refused phone calls not only from the Federation but also from electronic cigarette retailers, maintaining a very high-handed and irrational attitude. Because of the Ministry’s unreasonable recommendation, small business owners in the electronic cigarette industry have suffered massive business losses with sales dropping by more than half, and some have even gone out of business," appealing for understanding.

The Federation holds the position that the Ministry of Health and Welfare’s measure violates the constitutional principles of legal reservation and the principle of proportionality. The Constitution stipulates that any restriction on all freedoms and rights of the people requires a legal basis and must be minimal and appropriate to the purpose. However, the Ministry’s measure, lacking any legal basis and inconsistent with scientific facts, severely infringes on fundamental rights.

Furthermore, the Federation opposed the discriminatory measures against manufacturers and sellers of combustible cigarettes, stating that for such discrimination to be constitutionally permissible, there must be reasonable standards, but the Ministry of Health and Welfare has thoroughly ignored this and arbitrarily imposed discrimination.

The Federation stated that if the Ministry of Health and Welfare does not take corrective action in the future, it will not hesitate to pursue other legal means, including filing a state compensation lawsuit.