Dutch Flavor Ban on E-Cigarettes Set to Take Effect on January 1, 2024

In a significant development for the vaping industry in the Netherlands, the anticipated ban on flavored e-cigarettes is finally set to come into force on January 1st, 2024. This decision comes after a series of delays and extensive considerations regarding its implications on both the industry and public health.

Implementation of the Ban

The ban on flavored e-cigarettes, a measure aimed at reducing their appeal to children and young people, represents a major shift in Dutch tobacco regulations. Flavors like strawberry, mango, hazelnut paste, or mojito will be prohibited, while tobacco-flavored e-cigarettes will remain available for adult smokers seeking alternatives to traditional cigarettes.

The regulation's timeline unfolds as follows:

• 1. Production Ban: The production of flavored e-cigarettes and refill e-liquids was officially banned on July 1, 2023.
• 2. Sell-Out Period: A transition period was introduced, allowing retailers to sell their stock of flavored e-cigarettes and e-liquids until January 1, 2024, when the ban will be fully enforced.

Affected Stakeholders

This regulation affects several key industry stakeholders:

• 1. Manufacturers and Importers of E-Cigarettes: Producers and importers must comply with the ban on flavored products, shifting their focus to tobacco-flavored offerings.
• 2. Owners of E-Cigarette Selling Points: Retailers are given time to clear their inventory of flavored e-cigarettes, but they must adapt their product offerings to align with the new regulations.

Reason for the Postponement

The delay in implementing the ban, initially scheduled three months earlier, stems from an unexpected complication. The National Institute for Public Health and the Environment (RIVM) conducted an analysis, indicating that the ban's impact on tobacco manufacturers would be more substantial than initially anticipated. Originally, it was believed that approximately a quarter of existing tobacco flavors would be unaffected by the ban. However, after reevaluation, this percentage was found to be significantly lower, ranging from 2% to 23% of flavors that manufacturers could continue to use.