Nicotine-free vapes exploit Korea's tobacco loophole

Imports of nicotine-free e-cigarette liquid have more than doubled as unregulated products raise concerns over youth access and health risks.

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(서울=뉴스1) 최지환 기자 = 보건복지부는 합성니코틴을 원료로 한 액상형 전자담배도 일반담배와 같이 규제하는 담배사업법 개정안 시행에 따라 24일부터 7월15일까지 전국 지방자치단체 보건소와 함께 담배 관련 집중 점검기간을 운영한다. 이번 점검에선 금연구역 내 흡연행위와 담배 자동판매기의 설치 장소, 성인인증장치 부착 여부 등을 중점적으로 확인한다. 금연구역에서 액상형 전자담배를 사용하면 10만원 이하의 과태료가 부과될 수 있다.사진은 23일 서울의 한 전자담배 매장의 모습. 2026.6.23/뉴스1
A man walks past a vape store in Seoul on June 23.

Imports of nicotine-free e-cigarette liquid have more than doubled since Korea began treating synthetic nicotine as tobacco, as vapers move to products that still fall outside the law. Critics say the government has been slow to crack down on nicotine-analogue and nicotine-free products, putting teenagers' health at risk.

The amended Tobacco Business Act, which took effect April 24, broadened the legal definition of tobacco beyond products made from tobacco leaves to include those containing natural or synthetic nicotine. As a result, liquid e-cigarettes made with synthetic nicotine are now legally classified as tobacco products.

Nicotine analogues such as 6-methylnicotine, which have a molecular structure similar to nicotine, still escape regulation. So do nicotine-free products that contain neither natural nor synthetic nicotine. These products are not subject to restrictions on promotions, online sales or use in nonsmoking areas, nor are they subject to tobacco-related taxes or charges. 

The market has grown fast through this loophole. Imports of nicotine-free e-cigarette liquid jumped 105 percent from $4.5 million last year to $9.21 million in the first eight months of this year, according to Korea Customs Service data submitted to Democratic Party Rep. Lee In-young on Sunday. The figures suggest demand is shifting to nicotine-analogue and nicotine-free products, which are cheaper and easier to buy now that synthetic nicotine products are taxed and banned from online sale.

Online posts selling these liquid e-cigarettes on portal sites totaled 42,437 as of Aug. 8, up 86.3 percent from 22,774 on April 14, before the law took effect, according to a survey by the Korea Center for Tobacco Control Research and Education. A search for "nicotine-free e-cigarettes" on a portal site brought up a flood of ads promoting fruit and other flavors with phrases such as "richer flavor expression" and "the same throat hit as existing products."

Caption: (서울=뉴스1) 황기선 기자 = 1일 오전 서울역광장에서 중구청 관계자들이 '금연구역' 안내 스티커를 붙이고 있다. 이날부터 서울역광장과 인근 도로 약 5만 7천㎡가 금연구역으로 지정되며 흡연시 10만 원의 과태료가 부과된다. 2025.6.1/뉴스1
Officials from Jung District, central Seoul, attach a nonsmoking-area notice at Seoul Station on June 1, 2025.

Imports of synthetic nicotine liquid, which is now regulated under the amended law, fell 97 percent to $2.82 million from May to August, compared with $89.28 million from January to April, just before the law took effect. Natural nicotine imports also fell, from $52.71 million last year to $23.13 million in the first eight months of this year.

The number of liquid e-cigarette shops in Seoul and Gyeonggi that mainly sell synthetic nicotine fell 10 percent from 2,643 in March to 2,381 in August, according to the center. Unmanned vending-machine stores, which sell all types of nicotine, rose slightly.

"In the market recently, there has been a stronger trend toward contactless sales through unmanned vending machines and online channels, where regulations are looser," an official from the Korea Electronic Cigarette Association said. 

Experts warn that liquid e-cigarettes marketed as nicotine-analogue or nicotine-free are still not safe. Most contain carcinogens such as formaldehyde, and the new chemicals used in them have not been fully tested for health risks in Korea or abroad.

Online sales are also unreliable. When the Ministry of Food and Drug Safety collected and analyzed 105 products advertised as nicotine-free in June, it found nicotine or nicotine analogues in 25 of them.

That means the products could harm the health of the smokers who use them and of teenagers who get past weak controls. Among middle and high school students, 2.9 percent currently use liquid e-cigarettes, up from 1.9 percent in 2020 and nearly matching the 3.3 percent who smoke regular cigarettes, according to the Korea Disease Control and Prevention Agency.

"Nicotine-analogue and nicotine-free products tend more strongly to use flavor additives to increase addictiveness, making it easy for teenagers to try them," said Lee Seong-kyu, head of the Korea Center for Tobacco Control Research and Education. "This amounts to pushing chemicals whose safety hasn't been confirmed into teenagers' respiratory systems and making them seek out stronger tobacco. It is urgent to prevent a balloon effect toward new types of tobacco."

Nearly six months after the amended law took effect, the government's position is still that it will consider regulations across ministries after the Ministry of Food and Drug Safety assesses the harm of nicotine analogues by the end of the year.

The ministry said it has "no authority to manage or crack down on such products" when asked about enforcement against advertising for nicotine-analogue and nicotine-free liquids.

In a recent case, a nicotine-free e-cigarette company was reported to police for false and exaggerated advertising. Police asked the ministry for an official legal interpretation, but they received no formal reply and decided not to refer the case to prosecutors.

"Nicotine-analogue and nicotine-free products in the regulatory blind spot are increasing rapidly, but there is no clear ministry in charge or enforcement system to manage them responsibly," Rep. Lee In-young said. "Effective government-wide measures, including the management of advertising, distribution and sales, must be prepared as soon as possible."


BY JUNG JONG-HOON  [[email protected]]

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.