Nicotine-like products expose blind spot in e-cigarette rules

A new regulatory blind spot is emerging around nicotine-free and nicotine-imitation products, following a law revision that brought liquid e-cigarettes under government oversight for the first time.

Nicotine-imitation substances have not been fully verified for safety, and actual nicotine has turned up even in products marketed as "nicotine-free," prompting calls for a comprehensive system to regulate such products.

In April, a revision to the Tobacco Business Act took effect extending the legal definition of tobacco from traditional leaf-based products to cover natural and synthetic nicotine.

Under the revised law, use of e-cigarettes is banned in facilities such as schools, hospitals and government offices, as well as in designated outdoor no-smoking zones. Online sales of e-cigarettes are banned, and health warnings including nicotine content and ingredient disclosures must appear on packaging. Sales to minors are prohibited, along with any promotional activities targeting them.

But the Tobacco Business Act defines tobacco only as products made from tobacco leaf or nicotine, leaving nicotine-free and nicotine-imitation substances outside the regulatory net. Some unmanned shops and online retailers exploited that gap, shifting their offerings to nicotine-free and nicotine-imitation liquids.

Because these products escape advertising rules, sellers often market them with phrases such as "strong hit" or "intense coolness" that mimic nicotine's effects. Many nicotine-imitation products in circulation use 6-methylnicotine, which has a molecular structure resembling that of nicotine. It has been reported to show cytotoxicity, but its health risks have not been sufficiently verified yet.

Products on the market also carry false labeling. A 2024 survey by the Korea Consumer Agency (KCA) found actual nicotine in seven of 12 online products labeled as nicotine-free.

Age-based safeguards are failing as well. Nicotine-free and nicotine-imitation liquids are designated as harmful materials for minors under the Juvenile Protection Act, which bans sales to people under 19 and requires warning labels. Of 15 e-cigarette liquids examined by the KCA, five carried no warning label at all, and nine had labeling that fell short of standards.

In response, the government announced cautionary measures in June for liquid inhalant products marketed as nicotine-free.

The Ministry of Food and Drug Safety plans to complete a hazard assessment of 6-methylnicotine this year and study how to prepare for new nicotine-imitation substances.

Other agencies, including the Ministry of Finance and Economy and the Ministry of Health and Welfare, will keep monitoring such substances and review regulatory options based on the findings.

The National Assembly Research Service, in its 2026 audit issue analysis, said the government should examine whether a central coordinating body is needed to oversee the relevant ministries.

It also called for quickly adopting rules for advertising, vending machines and disclosure regarding imitation products, citing similar systems in Canada, the United Kingdom and the European Union.