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Korea Electronic Cigarette Association v. Ministry of Health and Welfare [South Korea] [March 17, 2020]

The Korea Electronic Cigarette Association challenged the Ministry of Health and Welfare’s directive, which held that e-cigarettes and heated tobacco products are not safer alternatives for smokers who are trying to quit cigarettes. The association also disagreed with the claim that small amounts of vitamin E acetate, a thickening agent that has been linked to vaping-related lung injuries, had been found in some products. The Constitutional Court ruled in favor of the Ministry of Health and Welfare because directives do not infringe on e-cigarette companies' constitutional rights, as they are only recommendations and are not legally binding.