Inspection Results for the Flavoured Vapes Ban (January - June 2024)

Summary

Only vapes with a tobacco flavour are allowed to be sold in the Netherlands. The ban on flavoured vapes was introduced to protect consumers — especially young people — from the addictive and harmful effects of vaping. It is important to prevent them from starting to vape and developing an addiction.

Some products are offered with the intent to circumvent the flavour ban. However, the ban also applies to accessories such as flavourings and flavour beads designed to add taste to e-liquids. Selling separate flavoured mouthpieces is also prohibited.

Inspections across various companies and sellers

We began by inspecting companies in the Netherlands that manufacture, import, or distribute vapes, as these inspections have the greatest impact. The goal was to address the supply at the source of the trade chain. We conducted 31 inspections, and 5 companies were found in violation — these were importers that still sold or stocked flavoured vapes.

Next, we focused on retailers, mainly based on reports from the public. We carried out 513 inspections, and 107 of them resulted in a violation. These retailers still sold flavoured vapes.

We also monitored online sales of vapes and tobacco products, which are prohibited completely. And in the first half of 2024, we had 1,059 posts removed from online sales platforms and social media due to the illegal offering of vapes.

Additionally, we received 62 reports from police and customs concerning flavoured vapes. In most cases, there was insufficient evidence of actual sales. We were able to establish a violation three times.

Inspection results – Manufacturers/Importers

At the start of 2024, we focused on major importers and manufacturers of tobacco products.

We visited 31 companies for inspection. We examined their inventories and administrative records to determine whether any flavoured vapes had been sold or stocked after 1 January 2024. This targeted approach helps prevent flavoured vapes from entering retail outlets through these businesses.

Findings

• 5 importers/manufacturers were in violation – they sold or stocked flavoured vapes.
• 17 importers/manufacturers complied with the regulations – they only sold tobacco-flavoured vapes. Some still had flavoured vapes in stock but intended to export or remove.
• 9 importers/manufacturers had ceased vape sales altogether.

Inspection result	Number
No longer selling vapes	9
Sells and/or stocks vapes, no violation	17
Sells and/or stocks vapes, violation	5
Total	32

Enforcement

The 5 companies found in violation were issued a fine and an order subject to penalty. Under such order, companies must cease sales of flavoured vapes and remove such products from the market. They must also find an alternative destination for them, such as export to countries where flavoured vapes are still allowed.

Failure to comply within the set period results in a penalty payment, which can exceed €500,000.

This enforcement prevented approximately 3.5 million flavoured vapes from reaching the Dutch market. In addition, nearly 800,000 products were recalled by the importers.

Inspection results – Retailers

During retail inspections, we check whether flavoured vapes are being sold. The inspector may search the entire store and review administrative records. When flavoured vapes are found, we investigate which importer supplied them, and enforcement is also directed at that importer.

In practice, proving flavoured vapes being sold can be challenging, as some retailers conceal these products and sell them under the counter. In such cases, NVWA inspectors may conduct a test purchase, attempting to buy a flavoured vape. This provides legal evidence of a violation. In the first half of 2024, 16 test purchases were carried out; in 6 cases (38%), a flavoured vape was sold.

Findings

In total, we conducted 513 inspections to check compliance with the flavour ban among retailers. 107 inspections resulted in a violation (21%).

Type of retailers	Number of inspections	Violations	Percentage (%)
Supermarkets and convenience stores	216	43	20
Registered tobacco stores	18	4	22
Small convenience shops	149	42	28
Phone/souvenir shops	33	3	9
Other (e.g. petrol stations, miscellaneous retail)	97	15	15
Total	513	107	21

Enforcement

Retailers found in violation received fines ranging from €450 to €2,250 per inspection, increasing to €4,500 – €22,500 for repeat offences.

Inspection results – Online sales

Online sales of vapes and tobacco products are entirely prohibited, as is online advertising for these products. We monitor compliance among webshops, social media, and online marketplaces.

When flavoured vapes are offered online, we report the listings so that the platforms can remove them. In the first half of 2024, 1,059 posts were removed from sales platforms and social media due to illegal vape sales. We also urge platforms to proactively remove such advertisements.

Cooperation with police and customs

We regularly receive reports from the police and customs regarding the sale of flavoured vapes. In total there were 62 reports.

We must first verify whether the vapes are actually being sold, as possession of flavoured vapes is not punishable. In most cases, there was insufficient evidence. In three cases there was enough evidence to enforce the ban, resulting in fines for these companies which were in violation.

Follow-up approach

Approximately 1 in 5 retailers do not comply with the flavour ban, meaning that young people still have access to flavoured vapes. Due to the ongoing demand among youth for sweet-flavoured vapes, these products are sold through informal or under-the-counter channels.

To improve compliance, we will continue our inspections, focusing on the highest-risk areas where enforcement has the greatest impact. This includes unregulated sales channels such as street vendors, online platforms, and under-the-counter retail sales.

Enforcement is in some situations complex, as proof of sale is required. Where possible, test purchases will be used to establish sales.

We will also continue inspections of importers to block the supply chain to retailers and informal sellers.

Through this supervision, the NVWA contributes to the National Prevention Agreement’s goal of achieving a smoke-free generation by 2040. However, enforcement alone is not enough to reduce youth vaping. Broader efforts in education and awareness for young people and their parents remain essential to protect them from these addictive and harmful products.