Korean Trade Group Sues Government for Vaping Misinformation
The Korea Electronic Cigarette Association (KECA), which represents about 4,000 vape product retailers, alleges that the Republic of Korea’s Ministry of Health and Welfare (MOHW) and Korea Disease Control and Prevention Agency (KDCA) damaged the reputation of small vape businesses and caused them great financial harm.
The agencies misinformed Koreans about vaping and “EVALI”
The Oct. 23, 2019 press release urged Koreans to avoid e-liquid-based vaping products, based on supposed concerns over the outbreak of U.S. vaping-related lung injuries called “EVALI” by the U.S. Centers for Disease Control and Prevention (CDC). (We place quotation marks on the name to denote that “EVALI” is a CDC-created term—”e-cigarette, or vaping, product use-associated lung injury”—that itself furthers the mistaken belief that e-cigarettes bear any responsibility for the injuries. The name is believed to have been coined by former CDC employee and current FDA Center for Tobacco Products Director Brian King.)
By the time the Korean press release was issued, most American experts were already convinced “EVALI” was caused by a cannabis oil diluent called vitamin E acetate, although the CDC didn’t admit it until November (and never fully abandoned the claim that some “EVALI” cases may have been caused by nicotine vaping products). No case of “EVALI” has ever been tied to a nicotine vaping product.
"KECA says the “false impression” created by the health agency’s press release and advertisements caused “enormous economic and psychological damage” to vape retailers."
The Korean trade group’s lawsuit cited a 2021 study in the Journal of Korean Medical Science that found no known cases of severe pneumonia or lung injury among vapers in South Korea. They allege that the science backs up their claims about the relative safety of nicotine vaping products, and that the government health agencies’ refusal to withdraw their strong recommendation to stop vaping “can only be understood as neglecting their duties.”
The government caused “economic and psychological damage”
Yet, despite the MFDS’ conclusions, the MOHW created an ad campaign that suggested smoking and vaping are equally harmful. KECA says the “false impression” created by the health agency’s press release and advertisements caused “enormous economic and psychological damage” to vape retailers.
A survey of American vaping retailers found that more vape shop owners blamed U.S. news coverage of the lung injury outbreak for their huge sales losses in 2020 than blamed the COVID-19 pandemic. More than 80 percent of stores reported losses that year, with an average sales decline of 18 percent.
Jim McDonald
Vaping for: 13 years
Favorite products:
Favorite flavors: RY4-style tobaccos, fruits
Expertise in: Political and legal challenges, tobacco control haters, moral panics
Jim McDonald
Smokers created vaping without help from the tobacco industry or anti-smoking crusaders, and I believe vapers have the right to continue innovating to help themselves. My goal is to provide clear, honest information about the challenges vaping faces from lawmakers, regulators, and brokers of disinformation. I’m a member of the CASAA board, but my opinions aren’t necessarily CASAA’s, and vice versa. You can find me on Twitter @whycherrywhy
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