Korea E-liquid Safety Association Holds Seminar on Tobacco Law Amendment, Raises Concerns Over Constitutionality
The Korea E-liquid Safety Association (KELSA) held a seminar on the proposed amendment to the Tobacco Business Act, which aims to include all forms of nicotine, including synthetic nicotine, in the definition of tobacco and impose tobacco taxes. The seminar, titled “Seminar on the Amendment to the Tobacco Business Act to Include Synthetic Nicotine and Other Forms of Nicotine in the Definition of Tobacco and Impose Tobacco Taxes,” took place on the morning of the 10th in the association’s main conference room.
Experts Discuss Core Issues Related to Proposed Legislation
The seminar brought together experts from various fields, including Kim Sam-yong, the standing vice-chairman of the Legislative Policy Committee, Park Pil-gyu, the secretary-general of KELSA, Song Yong-gyu, a lawyer, and Lee Kyung-hoon, a professor at Suwon University. The participants engaged in a discussion on the core issues related to the proposed legislation, focusing on three main points:
- The validity of the legislation
- The potential harm and adverse effects on public health
- Effective legislative alternatives for strengthening the crackdown on illegal e-liquid tobacco and improving management
Amendment Raises Concerns Over Constitutionality and Public Health Impact
The seminar participants concluded that the amendment poses a significant risk of being unconstitutional, as it lacks effectiveness and deviates from legislative principles. They pointed out that synthetic nicotine differs in composition from natural nicotine extracted from tobacco leaves, and no country, including the WHO, includes synthetic nicotine in the definition of tobacco, potentially conflicting with international norms. The use of the vague term “nicotine” also violates the basic legislative principle of clarity.
Furthermore, the participants expressed concerns that the amendment may lead to the expansion of the natural nicotine e-liquid market, which contains carcinogenic substances, ultimately harming public health and limiting consumer choice for less harmful products.
Seminar Calls for Strengthened Crackdown on Illegal Activities and Effective Alternatives
The seminar participants emphasized the importance of focusing on strengthening the crackdown on illegal activities and developing effective alternatives to protect public health, rather than enacting legislation solely for the purpose of securing tax revenue. They suggested measures such as including nicotine from tobacco roots and stems in the definition of tobacco, considering proportional tax rate increases based on harmfulness, imposing taxes on imported natural e-liquid nicotine, and establishing reliable identification standards to distinguish between natural and synthetic nicotine.
Urgent Need for Societal Efforts to Protect Youth and Careful Consideration of Legislative Impact
The participants stressed the urgent need for societal efforts to protect youth by enacting and revising laws to address issues such as youth purchasing e-liquid tobacco online and from vending machines, as well as smoking-like inhalation in non-smoking areas. They unanimously agreed that the amendment to the Tobacco Business Act should be carefully reviewed for social and legislative legitimacy and validity, and decided upon after thorough research, consideration of national impact, and legislative impact analysis.
News source: 전자액상안전협회, 담배법 개정안 좌담회…”위헌 소지”
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