Countries Tighten Regulations on Synthetic Nicotine Used in E-Cigarettes

In South Korea, the government plans to amend tobacco laws to designate synthetic nicotine as a type of tobacco in order to regulate it as such. Costa Rican authorities have announced that they will "ban products containing synthetic nicotine" used in vaping devices in the country. This will affect "the sale, use, marketing, advertising, promotion and sponsorship of vaping liquids containing synthetic nicotine and cannabinoids," the health ministry said in a statement.

The regulation of synthetic nicotine had already been debated in the United States because it escaped the control of the Food and Drug Administration (FDA) until 2022.[1]A regulatory loophole widely exploited by e-cigarette manufacturers who had put on the market many flavored vaping products that had become popular with young people.

Responding to a regulatory gap in South Korea

The move for new legislation in South Korea follows British American Tobacco's announcement that it will launch a new synthetic nicotine product in the country. British American Tobacco (BAT) has suggested that it will sell its new products at a lower price than existing e-cigarettes because its product is not subject to the same taxation as tobacco products or tobacco-derived nicotine products.[2].

In South Korea, tobacco is regulated by the National Health Promotion Act, which falls under the jurisdiction of the Ministry of Health, and the Tobacco Business Act, which falls under the jurisdiction of the Ministry of Finance. Current rules define tobacco as a product “made in a condition suitable for smoking, sucking, inhaling vapour, chewing or smelling, using tobacco leaves as raw materials, in whole or in part”. This formulation does not account for e-cigarette liquids made with synthetic nicotine, which is created in a lab rather than from tobacco leaves. As a result, vapes are not subject to product requirements, such as health warnings, age restrictions and tobacco taxes, in South Korea.

The authorities are therefore concerned that BAT's new product will be the subject of a very active promotional campaign, particularly among young people.

Curbing underage vaping in Costa Rica

Costa Rican Health Minister Mary Munive is seeking to align regulations on vaping devices with those of neighboring countries such as Nicaragua, Brazil and Panama, which have banned vaping devices entirely.[3]The ban will cover the sale, use, marketing, advertising, promotion and sponsorship of vaping liquids containing synthetic nicotine and cannabinoids. The move is part of a broader effort to prevent their use by minors.

The government wants to alert the general public about the risks posed by the use of these devices, which, in addition to nicotine, contain 42 substances classified as toxic, dangerous and/or irritant. This is indicated in the report on the results of the chemical composition of electronic nicotine delivery systems (EANS) carried out by the Costa Rican Institute for Research and Teaching in Nutrition and Health (Inciensa), made public at a conference at the Ministry of Health on May 14.

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[1] Tobacco-free generation, Synthetic Nicotine: The End of a Regulatory Loophole in the United States, published on April 19, 2022

[2] Gov't to regulate synthetic nicotine as tobacco through legislation, The Korea Times, published May 15, 2024, accessed May 17, 2024

[3] Costa Rica Bans Synthetic Nicotine in Vaping Products, The Tico Times, published May 15, 2024, accessed May 17, 2024