Above, you could read the opinions of RIVM and Emil ‘t Hart of the trade association Esigbond. We also asked Marcin Górecki, the head of the Chemnovatic Legal Regulations Department, what he thinks about the Dutch ban. Here’s what he said:
“The Netherlands is the first country that went so far in regulating flavoured e-liquids on a national TPD level. It is a precedent approach in the entire EU, specifying exactly what ingredients can be used. Let’s mention, that so far, some countries had their lists of what ingredients not to use.
The Netherlands has a completely different approach to vape products than, for example, the UK, and is a part of a certain trend we see among some Member States of the EU. The Dutch actions can also be a kind of closing certain loopholes in the regulations that exist in some countries that limit flavours other than tobacco, because, listening to the market, some manufacturers, under the guise of tobacco flavours, introduce mixed flavours to make their products more attractive to customers.
Reading the justification for introducing such a regulation, you can see that the Netherlands has put a lot of work into selecting the allowed substances, but, as mentioned, the aroma itself loses, as it does not taste as those available so far without a limited list of ingredients“.
Vape regulations: Is vaping legal in the Netherlands? What is the future?
Vaping laws in the Netherlands and all the prohibitions form part of the government’s broader initiative to realize its goal of attaining a “smoke-free generation by 2040“. The objective is to eradicate smoking or tobacco use among all young individuals and all but 5% of the adult population.
But it is not the end.
The Dutch government is set to implement a range of regulatory measures in pursuit of its smoke-free objectives. These measures encompass a significant hike in excise duties, including duties on vaping products for the first time, expected to take effect in 2024.
The initiatives also involve a ban on displays, neutral packaging, and the extension of advertising and smoking prohibitions in public spaces to encompass vaping and other non-traditional delivery methods. These actions will be complemented by robust anti-tobacco campaigns funded through the increased taxes.
These regulations apply uniformly across delivery methods, incorporating e-cigarettes, vapes, vaporizers, electric heating devices, and similar items under the same umbrella as other tobacco products. This ensures that novel tobacco products are included in the prohibitions outlined by the National Prevention Agreement to safeguard children from exposure.
In a bid to prevent potential loopholes, such as the sale of “aromas” designed to be mixed with nicotine or tobacco to evade legal categorization (and consequently bypass restrictions due to flavorings), the government plans to establish two overarching categories for all nicotine-related products: “cigarettes” and “smokeless tobacco products and related items.”
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