British American Tobacco (BAT) recently introduced a disposable e-cigarette containing synthetic nicotine to the South Korean market, exploiting a regulatory loophole. Current legislation in South Korea defines tobacco as a product derived from tobacco leaves, which excludes synthetic nicotine products from tobacco regulation. This allows BAT to market these new products without being subject to the same taxes, age restrictions or health message requirements as traditional tobacco products.
The South Korean government has expressed its intention to amend the Tobacco Trade Act to include synthetic nicotine in the definition of tobacco. The move aims to subject these products to the same regulations as conventional tobacco products, including taxes, health warnings, and restrictions on sales to minors. The move follows concerns about the active promotion of these products to youth and the lack of an appropriate regulatory framework.
BAT said that in the absence of specific regulations, it voluntarily commits to complying with local public health standards. The company has placed health warnings on the packaging of its synthetic nicotine products and says it avoids design elements that may attract minors. In addition, BAT supports the introduction of reasonable regulations for synthetic nicotine products, saying they should be subject to the same rules as traditional tobacco products.
The situation in South Korea reflects a global trend where governments are looking to close regulatory gaps related to new nicotine products. For example, Costa Rica recently announced a ban on vaping products containing synthetic nicotine, while other countries are strengthening their regulations to include these products in their tobacco laws.
In conclusion, BAT’s initiative in South Korea highlights the regulatory challenges posed by the emergence of synthetic nicotine products. South Korean authorities are currently reviewing their laws to ensure that these products are subject to the same controls as traditional tobacco products, in order to protect public health and prevent youth access to these products.
