Health Warning Images to Be Printed on Liquid E-Cigarette Packaging

Synthetic nicotine not derived from tobacco leaves also classified as tobacco
Fines for smoking in non-smoking areas starting in April

Starting in April, liquid-type e-cigarettes using synthetic nicotine will also be legally classified as tobacco and will be subject to the same regulations as existing tobacco products.

An e-cigarette-only smoking area in Seoul. The Asia Business Daily DB

The Ministry of Health and Welfare announced on the 3rd that, with the enforcement of the amended Tobacco Business Act and the resulting changes to the provisions on tobacco under the National Health Promotion Act, all nicotine-containing products will now be regulated in the same way as conventional combustible cigarettes.

Under the National Health Promotion Act, regulations on tobacco apply to tobacco products as defined in the Tobacco Business Act. Before the amendment of the Tobacco Business Act, tobacco products made from parts of the tobacco plant other than the leaf, or using synthetic nicotine as a raw material, were not subject to the provisions related to tobacco stipulated in the National Health Promotion Act.

However, under the amended Tobacco Business Act that will take effect on April 24, products whose raw materials include "tobacco or nicotine" will be classified as tobacco. Accordingly, products that are not derived from tobacco leaves will also be subject to the same provisions of the National Health Promotion Act as leaf-based tobacco products.

The Ministry of Health and Welfare stated, "By expanding the definition of tobacco, we are now able to comprehensively manage tobacco products that use synthetic nicotine," adding, "This will allow us to more broadly protect public health from the harms of tobacco."

With this measure, tobacco manufacturers and importers/distributors will be required to include health warnings on cigarette packs and in tobacco-related advertisements. Tobacco advertising will be permitted only in a limited manner, namely: in periodicals such as magazines; as sponsorship of events; inside retail outlets; and on international aircraft and international passenger ships. Even if tobacco products contain flavoring substances such as "strawberry flavor" or "menthol," words, images, or photos emphasizing such flavors may not be used on product packaging. Violations may result, depending on the case, in imprisonment for up to one year or a fine of up to 10 million won.

Tobacco vending machines may be installed only by those designated as retailers who meet requirements such as location and distance standards under the Tobacco Business Act. They may not be installed in locations where persons under the age of 19 are prohibited from entering, outside retail outlets, or in places other than smoking rooms. Displaying tobacco advertisements outside retail outlets in a way that they are visible is also subject to enforcement.

Smokers are prohibited from using any tobacco products, including combustible cigarettes, heated tobacco products, and liquid-type e-cigarettes, in non-smoking areas. Until now, the legal grounds for sanctioning the use of some liquid-type e-cigarettes in non-smoking areas had been unclear in certain cases, but all tobacco products are now explicitly banned in non-smoking areas. Those who violate this by smoking in a non-smoking area will be subject to a fine of up to 100,000 won.

From late April, when the amended Tobacco Business Act comes into force, the Ministry of Health and Welfare plans to check whether tobacco retailers, manufacturers, and importers/distributors are fulfilling their obligations, and to work with local governments and other relevant agencies to enforce non-smoking areas so that the expanded definition of tobacco can be quickly established in practice.

Jung Hyeeun, Director of the Health Promotion Division at the Ministry of Health and Welfare, said, "In cooperation with relevant ministries and agencies, we will continue our efforts to protect and promote public health by preventing non-smokers from starting to smoke and supporting smokers in quitting."