Tag: Netherlands

The Hague Rules Dutch Flavored Vape Ban is Legal

Credit: GAPS Photo
A court in The Hague has ruled that the Netherlands was allowed to introduce a ban on flavors in e-cigarettes to protect public health. The court ruled this in a substantive procedure initiated by tobacco products manufacturer British American Tobacco (BAT) and the related company Nicoventures. They consider the ban unlawful.
The harmfulness of e-cigarettes and the “attractive effect” of sweet flavors on young people have been sufficiently established, the court stated.
According to the 2020 ban, only certain flavors can be added to e-cigarettes, especially because young people are sensitive to other sweet tastes, according to media reports. The State also saw indications that the sweet-tasting e-cigarette will eventually encourage people to smoke regular cigarettes, while the government is aiming for a “smoke-free generation” in 2040.
According to the court, any encouragement to smoke regular cigarettes does not need to be scientifically proven for a ban. The harmfulness of the e-cigarette and the attractive effect of the sweet flavors on young people justify the flavor ban in themselves, the judgment stated.
The plaintiffs felt the ban violated the free traffic of goods within the European Union. They felt there was no evidence to suggest that the ban on flavors is good for public health. They also stated that the ban could have an adverse effect because fewer smokers will stop trying to quit smoking with the aid of e-cigarettes.
But this possible disadvantage does not carry enough weight, the court ruled. The State has the “political discretion to give more weight to the interests of the youth and of a future smoke-free generation in the context of public health.”
The court acknowledges that the ban on flavors infringes on the free movement of goods but says that such an infringement is permitted to protect public health if it is “appropriate, necessary, and proportionate.”
November 6, 2024
Gaming Vapes Provoke Outrage in Netherlands

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New vapes with integrated music and gaming functionalities have provoked outrage in the Netherlands, according to Dutch News.
Sophie Cohen, a doctor specializing in children’s lung problems, described the deliberate combination of addictive things such as nicotine and gaming as “extremely twisted.”
“The awful thing is I am not surprised the industry has come up with something to make children even more addicted,” Cohen said. “That is their earnings model. The younger the brain, the more receptive it is to addiction.”
The NVWA, the Dutch product safety board, is aware of the “smart vapes.” The agency says children are likely getting hold of them abroad, but several kids told broadcaster NOS that the vapes are available “behind the counter” at shops in the country.
Vincent Karremans, junior health minister, called the vapes and their attractiveness to youth “scandalous” and said he’s working on a plan to tackle the illegal vape trade.
October 24, 2024
Activists Slam IQOS Maker for Cellulose Heat Sticks

Photo: Kuznyechova Yevgenia
Anti-tobacco activists contend Philip Morris International is trying to circumvent the Dutch ban on flavored tobacco and vape products with its Levia heat sticks, reports Dutch News.
Made with cellulose rather than tobacco, Levia heat sticks are considered an herbal product and are thus not covered by country’s tobacco legislation. The sticks retail online for €6.60 ($7.21) per pack of 20 and are sold in two flavors—”island beat,” which is menthol, and berry-flavored “electro-rouge.”
The Netherlands banned menthol in cigarettes in May 2020 and outlawed flavored vape products in early 2024.
Campaign group Rookvrije Generatie says Levia “a trick” to keep on selling smoking products with flavor. “They might not contain tobacco but they are packed with addictive nicotine,” spokesman Dave Krajenbrink was quoted as saying.
Legislators are reportedly considering an amendment that would extend the flavor ban to tobacco-free nicotine products.
August 6, 2024
Digital Age Checks Deployed in the Netherlands

Similar technology has also been trialed in Italy. (Photo: Innovative Technologies)
Parts of the Netherlands have implemented face scanners to check consumers’ ages before selling cigarettes to them, according to Dutch News.
About 100 outlets have opted for face scanners so far. The camera uses artificial intelligence to scan a customer’s face and estimates their age based on features such as skin condition and wrinkles. If the customer is thought to be over 25, the transaction can continue, but if not, the machine will ask to scan the customer’s ID.
“The process is similar to that at airports,” said Theo Snijders, CEO of H@nd, the scan-making firm.
The legal framework was devised with product safety organization NVWA, privacy watchdogs and lawyers to ensure that customers’ personal data are not compromised. The scanners do not store data and only record the number of scans. According to Snijders, a scan is not a condition for buying tobacco as that would be illegal.
Sellers caught not complying with age check requirements could face fines up to €9,000 or a temporary loss of their license to sell tobacco products.
Beginning July 2024, tobacco products can only be legally sold at specialist stores and gas stations.
Tech firms and vape stores have been experimenting with digital age-verification tools in various markets. Tobacco Reporter profiled one such project in Italy in its December 2023 edition. (See “Beyond Face Value”).
April 5, 2024
Dutch Vapers Hoarding Flavored Vapes Ahead of Ban

Credit: NK
Vapers in the Netherlands have been stocking up on products ahead of a flavor ban set to take effect in 2024, reports the NL Times, citing Emil ‘t Hart of the Esigbond Trade Association.
“You see that the consumers are hoarding as much as possible in the specialist stores,” ‘t Hart was quoted as saying. “Especially the real vapers who had switched over from cigarettes are hoarding.”
From Jan. 1, 2024, stores will not be allowed to sell vapes or fluids with flavors like peach, mango or mint. Only products with the taste of tobacco will be permitted. The government hopes its measure will prevent youngsters from starting the nicotine habit and then migrating to combustible products.
‘t Hart believes the measure will be counterproductive, however. “People who have smoked regular cigarettes before turning to e-cigarettes would then be tempted to go back to traditional cigarettes,” he said.
According to ‘t Hart many vapers have been buying their e-cigarettes online from sellers in France, Spain or China, or at physical stores in neighboring Belgium and Germany.
A legal challenge against the flavor ban, filed by the Esigbond in April, is currently making its ways through the courts. ‘t Hart expects a ruling this summer.
January 1, 2024
Netherlands Votes on Motion to Introduce Vape Tax

Photo: dbvirago
Dutch lawmakers on Oct. 26 voted for a motion to introduce a tax on vapor products, reports Dutch News. The move follows earlier reports that the Netherlands would not impose such a levy prior to the elections scheduled for November.
The government had been planning to wait until the introduction of Europe-wide legislation but given that is unlikely to happen before 2026, ministers agreed to take unilateral measures, if that is what MPs wanted.
One in five Dutch youngsters under the age of 25 uses e-cigarettes, and 70 percent of vapers also smoke tobacco cigarettes, according to the Trimbos addiction institute.
The 18 age limit for using vapes is also widely flouted and internet sales have flourished, De Telegraaf reported earlier this month.
Vaping is cheaper than smoking in the Netherlands, where a pack of cigarettes now retails for around €11 ($11.64). An e-cigarette with the equivalent of two packets of cigarettes in terms of nicotine costs around €6.
October 27, 2023
Netherlands: No Vaping Taxes Before Elections

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The Netherlands will not impose an excise tax on vapor products before the November 2023 elections, reports DutchNews.nl, citing De Telegraaf.
The news source added that even if the Netherlands received EU approval to impose a vapor product excise tax, the process would take several years to complete.
Although this current government did not work toward creating a vapor product excise tax, Junior Health Minister Maarten van Ooijen said that he would encourage the next cabinet to move ahead on a “national tax on e-cigarettes.” Van Ooijen added that such a tax would be “in the interests of public health.”
High cigarette prices have assisted smokers to move toward vapor products in recent years. However, the current cabinet focused on prohibiting flavored e-liquids and online vapor product sales to combat rising youth rates of vapor product usage.
“We need to take action against vapes as soon as possible to protect our children, as other EU countries have done,” Van Ooijen said.
The EU is expected to revise its Tobacco Products Directive in 2025.
October 17, 2023
Lawmakers in the Netherlands Want ‘Boring’ Vapes

Dutch parliamentarians want e-cigarettes and other vaping products to have a boring and uniform appearance.
According to the D66, which will submit the proposal in parliament today, the new rules will make vaping less attractive to teenagers. A majority in parliament supports the plan, RTL Nieuws reports.
“Young people now think it’s cool to have such an accessory with glitter while vaping is extremely unhealthy,” D66 parliamentarian Jeanet van der Laan told the broadcaster. “The vapes resemble a lip gloss or a marker. They are often colorful, and there are vapes full of glitter. Parents often have no idea exactly what the young people are carrying. Super worrying.”
There are even e-cigarettes in circulations that look like airpods, Van der Laan said. “That makes it look like a glamor accessory, while it is just smoking and therefore harmful to health. And young people are tempted by all those frills to start smoking.”
“E-cigarettes should look as neutral and uniform as possible. Preferably they should resemble regular cigarettes. Or else just white or black. Because it’s just smoking,” the D66 MP said. She believes a more boring appearance will make vaping less attractive to young people.
The Tweede Kamer, the lower house of the Dutch parliament, is discussing smoking on Wednesday. The D66 will submit its proposal during that debate. It seems to have majority support, according to RTL.
The Netherlands previously banned flavored e-liquids for vaping products.
March 8, 2023
Dutch Vape Flavor Ban to Begin on October 1, 2023

The Netherlands will ban all e-cigarette flavors except tobacco effective Oct. 1, 2023, reports NL Times, citing a government amendment to the Staatscourant. The ban extends to pre-filled e-cigarettes and disposable vapes as well.
The ban was announced in 2020, and will also include banning packaging that depicts anything other than tobacco and restricting rules for naming products.
The RIVM, a public health institute, created a list of 16 ingredients that manufacturers can use to make tobacco flavors.
December 2, 2022
European Vape Alliance Opposes Dutch Flavor Ban

Photo: Wirestock
The Independent European Vape Alliance (IEVA) has expressed concerns about the Draft Amendment of the Tobacco and Smoking Products Order for regulation of e-cigarette flavors presented by the Dutch Ministry of Public Health, Welfare and Sports.
According to the statement submitted by the Dutch authorities, the draft amendment intends to ban flavors other than tobacco in e-liquids in order to “reduce the temptation for young people and former smokers to purchase e-cigarettes.” The measure, authorities note, is “justified by the need to protect public health.”
The proposal also suggest that the Netherlands will be more likely to achieve its objective of a smoke-free generation by 2040 if e-cigarettes are rendered less attractive.
According to the IEVA, the proposed flavor ban is neither proportional nor necessary, as it is too strong a measure for the objective it seeks to achieve and fails the EU requirement that member states choose the means that least restricts the free movement of goods.
The IEVA insists that the ban will boost black market activity and jeopardize tens of thousands of jobs, while leading to a reduction in government revenues by reducing tax collection.
October 4, 2022