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Regulations and Legal Issues on Electronic Cigarettes

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 81(), pp.311-335
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 31, 2018
  • Accepted : February 24, 2018

KIM MINBAE 1

1인하대학교

Accredited

ABSTRACT

What are electronic cigarettes. E-cigarettes work by vaporising nicotine liquid. They consist of a battery, a cartridge, and an atomiser which heats the cartridge ingredients to create a vapour that is inhaled by the consumer. There are five types of nicotine replacement therapies: patches, nasal sprays, inhalers, chewing gums and lozenges. All countries benefit from protecting their citizens from the harms of tobacco use. But the market for e-cigarettes is growing rapidly. Consumer use of e-cigarettes is rising despite a lack of rigorous safety testing, manufacturing controls, and a well-understood risk profile. Smoking an e-cigarette is less harmful than smoking tobacco. But research shows that e-cigarettes pose more of a health risk than first thought. Medical researchers and public health agencies note that not enough knowledge is available to establish the safety of e-cigarettes or their long-term effects. They point out that nicotine is toxic and addictive. Therefore they generally do not recommend consuming electronic cigarettes and some even propose prohibiting their use in smoke-free areas. As reported by the European Commission impact assessment, in some cases the nicotine content of the liquids differs from the declaration on the packaging. Traces of nicotine were found in products labelled as nicotine-free. There is also a serious risk of nicotine poisoning in case of leaking cartridges or bottles which are not child-proof. Users attitudes influence whether or not they are willing to use products like e-cigarettes or nicotine replacement therapies. States take different approaches to the regulation of e-cigarettes: complete prohibition, as tobacco products, as medicinal products, as consumer products. E-cigarette advertisements, and the celebrities that frequent them, have emphasized the freedom to smoke anywhere; a lack of smell, tar, smoke, or toxic chemicals; an absence of social stigma; and health advantages, often specifically reaching out to smokers aiming to quit or cut down. Arguments in favour of prohibition of e-cigarettes are that their safety is not proven, they can cause nicotine addiction and provide a gateway to smoking. Opponents consider prohibition as a ‘smoke or die’ approach that will drive nicotine addicts to smoking tobacco products. It may also lead to the emergence of a black market for e-cigarettes and e-liquids without any quality controls This article provides a description of country-level laws that regulate e-cigarettes or other electronic nicotine delivery systems. I discuss the public health impact of e-cigarettes and the regulation, and advocate that states reexamine their smoke laws and sale restrictions to appropriately regulate public use.

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