From 1 July 2023, it is prohibited to sell smoking products remotely. This prohibition means that the buyer and seller are not personally present at the time of the purchase. This ban also includes the online sale of vapes. Yet research by RTL Nieuws shows that it is still effortless to obtain vapes online, even for minors. Martin Buijsen, Professor of Health Law at Erasmus School of Law, is not surprised by this development. "It is symbolic legislation", he told RTL Nieuws.
Research by the Trimbos Institute shows that 1 in 5 young people have vaped in the past year. That is not surprising because nowadays, it is still effortless to get these products online. The National Prevention Agreement includes measures to achieve a smoke-free generation by 2040. Almost as many young people vape as smoke. 21.7 per cent of Dutch youth and young adults have used an e-cigarette in the past year. This was evident from a survey conducted among 4,732 Dutch young people. This new Youth Monitor for tobacco and nicotine products is an initiative of the Trimbos-instituut.
To make consuming vapes and cigarettes more difficult, measures have been taken regarding the online sale of these products. Since 1 July, 2023, offering smoking and vaping products online has been prohibited. In addition, there is a ban on flavours. This ban means that only tobacco flavours may be provided.
Other measures are the display ban, whereby cigarettes and vape products may not be displayed openly in shops, new regulations regarding the package leaflet, packaging unit and outer packaging of the goods.
However, there are numerous sites on the internet where vapes can still be purchased despite the ban. On the internet, you must first answer the question whether you are over 18 years old, after which you will be given access to the site. You often receive the vape the same or the next day.
In response to RTL Nieuws, outgoing State Secretary Maarten van Ooijen said it is 'shocking and unacceptable’ that companies deliberately ignore the ban on online sales and the age limit. It is not without reason that the House of Representatives agrees to such a ban. This concerns the health of children and young people. Martin Buijsen is unsurprised that vapes are still available online and calls it 'symbolic legislation'. "It is a ban that has a sanction attached to it on paper. But the enforcement of this ban is simply a problem. It is far too much to control, and in the case of a foreign company, it is even impossible to find it. That is why it is a symbolic rule, and the State Secretary knows that."
However, Buijsen states that the ban, despite being symbolic, can have an effect. "As a government, you then send a signal that you do not want this. Some entrepreneurs will then consider the risk of being caught and possibly stop, or some buyers will no longer dare to buy online. It is, therefore, always better than doing nothing at all."
- Professor