'Bought before the law took effect': Loophole lets vape users dodge fines, leaving local governments in a bind

"This product was imported and released before April 24. It is not subject to a fine."

Local governments tasked with enforcing no-smoking rules are struggling with a growing number of cases in which people caught vaping synthetic nicotine in designated no-smoking zones escape fines by claiming their products were imported or released before the amended Tobacco Business Act took effect. The same act of smoking in a no-smoking zone can produce entirely different outcomes depending on when the product was manufactured.

In Jongno-gu, Seoul, 3 of the 214 smoking violations detected between June 24 and June 28 were dismissed after offenders submitted documentation showing their products were manufactured before April 24. All three involved liquid-type e-cigarettes used in designated no-smoking streets — along the Junghakcheon no-smoking street on July 10 and at the Seoul National University Hospital no-smoking street on July 15 and July 20. Similar cases have emerged in other districts. On Wednesday, a person caught vaping a liquid-type e-cigarette within 10 meters of Guro Digital Complex Station was exempted from a fine after submitting proof of purchase before April 24. A comparable case was reported earlier this month in Yeouido-dong, Yeongdeungpo-gu, Seoul. Such exemptions based on manufacturing or import dates are also occurring widely at local governments nationwide. Some municipalities now include a notice in their post-enforcement penalty letters stating that synthetic nicotine liquid-type e-cigarettes imported or released before April 24, 2026, may be excluded from enforcement if the holder submits supporting documentation.

The amended Tobacco Business Act, which reclassifies synthetic nicotine products as tobacco, took effect April 24. Local governments across the country, including Seoul, began full enforcement June 24 after a two-month grace period.

The crux of the problem is whether products that entered circulation before the law took effect can be subject to enforcement. The Ministry of Health and Welfare, which oversees the law, has taken the position that synthetic nicotine products manufactured before April 24 do not fall under the legal definition of "tobacco." In a Q&A document the ministry sent to local governments ahead of the enforcement crackdown, it stated that offenders may contest a fine if they can demonstrate their product does not meet the tobacco definition under the Tobacco Business Act. The ministry identified two categories of exempt products: inhalation products that do not use tobacco leaf or nicotine as a raw material, and inhalation products made with nicotine that were reported as released from manufacturing facilities or imported before April 24, 2026. In practice, two people caught vaping the same liquid-type e-cigarette in the same no-smoking zone can face different outcomes depending solely on when their product was imported or released.

A Ministry of Economy and Finance notice issued ahead of the amended law's implementation — governing how manufacturers must label and identify the release date of tobacco products — has added another layer of confusion for local enforcement officials. Under the notice, retailers selling pre-law inventory imported before April 24 must inform consumers of that fact. Some liquid-type e-cigarette shops have responded by posting signs at their entrances stating they are selling stock manufactured or imported before the Tobacco Business Act's effective date of April 24, 2026, with an additional notice citing the Framework Act on Consumers to inform buyers of the product's pre-regulation status.

"Confusion on the ground is expected," a Seoul Metropolitan Government official said, adding that enforcement could become even harder if sellers manufacture the liquid cartridge casing before April 24 and simply swap out the nicotine liquid afterward. Seoul has formally recommended that the Ministry of Health and Welfare revise the system to address these concerns, but the ministry has yet to offer a clear solution. "We cannot apply the amended Tobacco Business Act retroactively," a ministry official said. "We would like to enforce the rules against liquid-type e-cigarettes imported or released before April 24 as well, but doing so could undermine the foundations of the legal framework."