The Ministry of Economy and Finance announced on the 4th that it has requested investigations into three online operators for violations of the Tobacco Business Act, referring them to the Daejeon National Police Agency and the Gyeonggi Southern Provincial Police Agency. This is the first enforcement action since the revised law took effect on April 24.
The sites in question sold high-concentration nicotine solution products and flavoring agents for e-liquid on the same pages.
They also displayed advertisements suggesting that nicotine solution could be mixed into e-liquids containing flavorings, effectively encouraging consumers to make their own e-cigarette liquid.
In industry terms, this is known as the “DIY liquid” method. Consumers buy high-concentration nicotine base and mix it with flavoring agents in a set ratio to create their own e-cigarette liquid. Because it is not sold as a finished product, this had previously remained in a regulatory blind spot. The operators under investigation appear to have taken advantage of that loophole.
The problem is safety. High-concentration nicotine solution is dangerous for ordinary consumers to handle without professional safety equipment or protective gear. If it comes into contact with the skin, it can be absorbed, and accidental ingestion can lead to acute poisoning.
The Korea Consumer Agency has also found that nicotine base solutions on the market ranged from 38 mg/ml to 685 mg/ml, concentrations that can exceed a fatal dose even in small amounts. Analysts have also noted that base solutions as strong as 1,000 mg/ml can be obtained through overseas direct purchase.
The Ministry of Economy and Finance emphasized, “High-concentration nicotine solution may cause safety accidents such as skin contact, accidental ingestion, or misuse if ordinary consumers handle it directly for mixing or dilution without professional safety equipment or protective gear,” adding, “Consumers need to be cautious not to purchase and use high-concentration nicotine solution sold online at will.”
The legal basis for this enforcement is the revised Tobacco Business Act that took effect on April 24. For the first time in 37 years since the law was enacted in 1988, the definition of tobacco has been expanded.
Previously, the raw material for tobacco was limited to “tobacco leaves.” The revised law broadened this to “tobacco or nicotine,” meaning both natural nicotine and synthetic nicotine are now recognized as tobacco ingredients.
The significance of this change is substantial. Until now, synthetic nicotine e-cigarettes had avoided application of the Tobacco Business Act on the grounds that they did not use nicotine extracted from tobacco leaves. As a result, online sales, unmanned stores, and vending machine distribution spread rapidly.
Access by teenagers increased, and advertising restrictions were barely applied. Products labeled as “non-nicotine” or “pseudo-nicotine” were sold more freely than conventional cigarettes.
With the revised law in effect, the landscape has changed. Products made from nicotine, whether natural or synthetic, and suitable for smoking, drawing, or vapor inhalation are all now classified as tobacco. Anyone wishing to manufacture tobacco must obtain a tobacco manufacturing license from the Minister of Economy and Finance.
Manufacturing without a license is punishable. The same applies to sales. Unless designated as a tobacco retailer, a seller cannot sell to consumers. Even licensed retailers are prohibited from selling by mail or through electronic transactions.
This makes clear where the companies under investigation may have run afoul of the law. The authorities judged that not only was there suspicion of unlicensed manufacturing, but the act of selling products that are effectively tobacco through online channels itself violates the law.
The problem is what happens after enforcement. Since the law took effect, loopholes have been appearing everywhere. When one site is blocked, another domain appears, or the operation shifts to overseas direct purchase-style sales.
There have also been cases where nicotine and flavorings are presented as being sold separately, while guidance on the same screen encourages consumers to combine them, effectively inducing bundle sales.
Inventory handling is another remaining issue. Products that arrived at stores before April 24, the date the law took effect, are not subject to the requirement for harmful substance testing. The government allowed a one-year grace period, taking into account the typical shelf life of liquid products.
This creates a dual structure in which the same product is subject to different regulations depending on when it arrived. There are concerns that this could be exploited by manipulating the timing of inventory entry.
The Ministry of Economy and Finance said this request for investigation is not the end. It said it will continue to monitor online distribution patterns in cooperation with relevant agencies and immediately refer any suspected legal violations to investigative authorities. The three cases identified this time are essentially test cases. They signal to the market how strongly the government intends to enforce the new law.
For consumers, the environment they face is clear. Buying nicotine solution online has now become a warning sign.
Since the revised law took effect, such purchases are unlikely to be through legitimate sales channels, and there is no reliable way to verify the concentration or safety of the product. Buying nicotine base and flavoring separately and mixing them at home is ultimately the handling of chemicals in the household. It is not something that can be done safely without proper equipment.
There is also a major change from the perspective of youth protection. Synthetic nicotine products had previously circulated online with lax age-verification procedures, increasing accessibility for teenagers.
With the revised law, sales to minors are clearly prohibited, but as long as loophole sales remain, households must also stay vigilant. Parents may need to check whether packages arriving for their children contain unidentified liquid products.
Using legitimate purchasing channels is now less a recommendation than a practical necessity. As things stand, the safest choice is to buy officially registered products at offline stores designated as tobacco retailers.
Receiving tobacco products by mail or online is not a lawful path, regardless of product type. Even if consumers are not punished at the purchase stage, they still bear the risks of safety accidents and product-quality problems themselves.
Closing regulatory blind spots through this 37-year revision of the tobacco definition marks an important turning point in Korea’s tobacco policy history. It has secured a legal basis to respond to a rapidly changing tobacco market. It is also the answer to long-standing public health concerns that synthetic nicotine e-cigarettes serve as an entry point for youth smoking.
The remaining challenge is enforcement. Even though the law has been created, ensuring its effectiveness amid the anonymity of online distribution and the global direct-purchase environment is a different matter.
Along with sustained enforcement, the government must also improve the convenience of legal distribution channels if it wants to reduce demand flowing into the black market. For this three-case investigation request not to end as a one-off event, it must be followed by a regular and systematic monitoring system.
For consumers, the message is now unmistakable. The era when synthetic nicotine existed outside regulation is over. Any inhalation product containing nicotine, in any form, is tobacco, and tobacco can only be bought and sold through designated channels.