Netherlands Implements Flavor Ban on Electronic Cigarettes

On October 20th, the notification period from the Dutch Technical Regulations Information System (TRIS) officially ended with information regarding the "Tobacco and Tobacco Products Act: Amendment to the Regulations on Electronic Cigarettes and Flavor Management.” The amendment stipulates that only 16 flavor additives can be added to e-liquids and other components, namely those that solely produce a tobacco flavor. This law is expected to take effect on January 1, 2023, and e-liquid manufacturers and importers are prohibited from selling e-cigarettes containing flavor additives other than the 16 listed. The amendment has sparked heated discussions among industry observers, stakeholders, and e-cigarette enthusiasts. Jim McDonald from vaping360.com emphasized that the new ingredient list is a "hidden ban on all e-cigarettes." During the TRIS period, the European Commission received 22 opinions from various parties, all of whom (as seen in the table below) take a negative stance against the flavor ban.

All parties involved hold opposing views on the proposed amendment, as suggested in English writing. Here are the summarized key points.

Various parties have cited different reasons for their opposition to the implementation of the law. The National Institute of Consumer and Competition Research believes that the availability of reduced-risk alternatives for smokers is a human rights issue and a pressing matter of social justice, as well as a life or death policy matter. The Institute of Economic and Environmental Affairs warns that the ban will lead to an increase in black market activities. The German E-cigarette Association argues that restricting flavor options will have a counterproductive effect on health protection and will not decrease smoking rates.

Photo credit: Esigbond Twitter

The recent ban on flavored e-cigarettes in the Netherlands has sparked much controversy. As a leading global media outlet covering the vaping industry, 2FIRSTS conducted an exclusive interview with Emil 't Hart, President of the Dutch Vaping Association. The interview was conducted by 2FIRSTS International Public Relations Manager, Jason. The following is a summary of the interview:

Jason requested information about the department responsible for regulating electronic cigarettes in the Netherlands and the steps being taken towards a ban. He also asked which political parties proposed the ban on tobacco flavors, as well as who opposed it and what their arguments were. Emil’t Hart explained that the Dutch government has announced a 6-year plan to improve the health of its citizens, which includes appointing a Secretary of State to draft a plan with significant powers to achieve the set goals. This plan, called the Prevention Agreement, aims to limit sugar, fat, tobacco, and gambling addiction. It has been initiated and supported by the cabinet, which holds an absolute majority in the House, thereby effectively sidelining any opposing views.

Jason asked what the process was for the government to implement a flavor ban, such as through voting, and why the ban ultimately succeeded. He also inquired about the relevant interests at play. Emil't Hart explained that since the plan had the support of the cabinet, most proposals no longer needed to be submitted to the House of Representatives. The House only had a controlling role to ensure that everything followed the rules and agreements, but did not really oppose it with a majority. Therefore, the Secretary of State could formulate and implement the plan through parliamentary orders. After the plan was proposed, the House could object and raise key issues through committees. After answering questions and possible adjustments, the plan could become law, which is where they are currently at. When asked what actions Emil't Hart's association took to oppose the tobacco flavor ban, he replied that they took all possible measures such as social media campaigns, meetings with representatives, collaboration with consumer groups, a special website providing information for journalists and decision-makers, and more.

Image credit: Provided by Dutch Association Jason: What impact will the ban have on the electronic cigarette and tobacco industries in the Netherlands? Emil't Hart: The proposed ban will have a huge impact on the entire electronic cigarette industry in the Netherlands, as there are no flavors that can do without these 16 ingredients. Jason: What is the market share and growth of the traditional cigarette and cannabis industries like? How does the market share of electronic cigarettes compare to theirs? Emil't Hart: Honestly, I don't know the ratio... I know that more and more people have started smoking last year and the beginning of this year. I don't have any data on the cannabis industry. This market is only partly based on tolerant policies.

Authors: Song Yutong and Zhu Hongxu

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