Nicotine-Free Vapes Found to Contain Nicotine and Unverified Analogues, Exposing Regulatory Blind Spot in South Korea
核心洞察
South Korea's Ministry of Food and Drug Safety (搜索) tested 105 "nicotine-free" vapes and found 13 products contained an average of 8.17 mg/g of nicotine and 12 products contained 1.77 mg/g of 6-methyl nicotine.
The revised Tobacco Business Act, effective April 24, regulates natural and synthetic nicotine but leaves nicotine-free and nicotine-imitation products outside the regulatory net.
6-methylnicotine (搜索) exhibits effects similar to nicotine and is cytotoxic, yet remains an unverified chemical substance lacking sufficient toxicity assessments domestically and internationally.
Vapes marketed as "nicotine-free" are raising public and government concerns in South Korea after official testing confirmed that many such products actually contain nicotine or unverified nicotine analogues, placing them largely outside existing regulatory oversight.
The Ministry of Food and Drug Safety (搜索) said in June that it tested 105 different types of popular "nicotine-free" vapes in the market and found 13 products contained an average of 8.17 milligram per gram (mg/g) of nicotine, while 12 products contained 1.77 mg/g of 6-methyl nicotine, a type of nicotine analogue.
"Recent research showed 6-methylnicotine (搜索) exhibits effects similar to nicotine and is cytotoxic," the ministry said. "However, it remains an unverified chemical substance for which sufficient toxicity assessments have not yet been conducted domestically and internationally."
A Regulatory Gap Created by New Tobacco Rules
The controversial market emerged after the country's revised Tobacco Business Act took effect on April 24, defining synthetic nicotine vapes as tobacco products and enforcing taxation that more than doubled their retail prices. This led to the market introduction of vapes not yet fully regulated by the government, such as products marketed as nicotine-free or containing nicotine analogues.
Under the revised law, the 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.
However, 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.
Rising Imports and Consumer Demand
Consumers unwilling to pay the higher prices but still wanting to smoke quickly responded to the alternatives, with the trend spreading among teenagers as well. Ninety-nine percent of vapes marketed as containing nicotine analogue or zero nicotine are imported from China, with demand rising rapidly.
According to Rep. Park Soo-young of the main opposition People Power Party, Korea's import of "nicotine-free" vapes increased to 164 tons last year from 95 tons in 2022. Imports recorded 68 tons in March alone, the highest monthly figure in the past five years.
Nicotine analogue imports, according to the Korea Customs Service, also posted 15 tons from last October to May, with 13 tons this year. The surge came as the market anticipated the enforcement of the revised Tobacco Business Act and the steep price hikes it would bring. A 30-milliliter cartridge that previously cost less than 20,000 won ($14) now costs more than 40,000 won and, after a two-year grace period, is expected to exceed 70,000 won.
False Labeling and Failing Safeguards
Products on the market also carry false labeling. A 2024 survey by the Korea Consumer Agency (搜索) (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.
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 (搜索), 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.
Government Response and Calls for Oversight
Last December, President Lee Jae Myung mentioned the controversial vapes during a Cabinet meeting in Sejong, during which synthetic nicotine vapes were adjusted to become a tobacco product. He criticized the country's legal loophole against such vapes, asking, "Is it acceptable for citizens to vape alternative substances that function like nicotine without any safety checks?"
An official from Philip Morris Korea (搜索), a major cigarette maker, said that even months after the president expressed the concern, no practical government measures to control nicotine analogues came out.
"Nicotine analogues or nicotine-free products are companies' strategies to tempt consumers while preemptively evading regulations on synthetic nicotine. Since it hasn't been legally classified as nicotine, there are no regulations. And consumers feel no remorse because the products are labeled nicotine-free," the official said.
The government has begun counteracting against the controversial vapes. While the drug safety ministry is at the helm of confirming toxicity of the vapes, the Ministry of Finance and Economy is inspecting domestic tobacco businesses that sell without a license to either manufacture, import or sell the products. The Ministry of Education, for its part, plans to inform students and parents about the vapes' health hazards and their false information.
"We will initiate a toxicity test on these vape alternatives. Based on the result, all related ministries will jointly announce a set of measures within this year," a drug safety ministry official said.
"There are right now so many vapes that claim they are clean. To check how seriously the market has grown, we have executed a small-scale test on those 105 vapes. That test proved our concerns."
The Ministry of Food and Drug Safety (搜索) plans to complete a hazard assessment of 6-methylnicotine (搜索) 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.