Almost nine in ten people who vape in the Netherlands are using illegal products or buying through illegal channels, according to new research – after a nationwide ban on flavoured vapes.
The study, Donkere wolken by research agency Bureau Beke for the health ministry, found that 87 per cent of the “vaping population” are using products that do not comply with Dutch law.
“These often enter the country via webshops or physical stores abroad,” the researchers reported, noting that products may be legal elsewhere but banned domestically due to factors such as flavours, liquid volumes or how they are sold.
They added that in most cases there is a “combination of illegal factors,” including “an excessive amount of vaping liquid, sweet flavours, or sales through an illegal channel.”
Government says current law is “clearly insufficient”
Dutch health minister Sophie Hermans used the findings to announce a package of measures aimed at tackling the black market, telling MPs that current rules are “clearly insufficient”.
She said she wants to change the law so authorities can act against retailers simply for holding illegal stock, rather than having to prove sales first.
At present, the Dutch food and consumer safety authority (NVWA) can only seize products after demonstrating they are being sold – often requiring undercover purchases before enforcement action can be taken.
Maximum fines for illegal vape trade will also be increased, and regulators will be given additional powers to target online and social media sales.
Hermans said she was shocked by the scale of the problem. “But it also fits into a trend we have been seeing for quite some time,” she told ANP.
Illegal market persists despite flavour ban
Flavoured vapes have been banned in the Netherlands since January 2024, but remain widely available through shops, petrol stations and informal channels including messaging apps.
Earlier this week, broadcaster RTL Nieuws reported that 244 outlets continued selling illegal vapes despite repeated penalties, with one retailer fined 14 times. Current fines can already reach €22,500.
The Bureau Beke study also found that parts of the illegal vape trade are linked to other forms of crime, and that most products originate from China.
More restrictions could drive further illicit sales
Further restrictions are already in the pipeline. A proposed law would limit vape sales to tobacco specialist shops from July, while additional fine increases are also due to take effect.
However, the Dutch Council of State has warned that tighter rules risk pushing more sales “under the counter, onto messaging apps and to street dealers.”
Hermans indicated she does not intend to penalise individuals who use illegal vapes, saying education would be the preferred approach for consumers.
