IEVA Contribution to the Dutch Draft Amendment
IEVA would like to express its concerns regarding the Draft Amendment of the Tobacco and Smoking Products Order for regulation of e-cigarette flavours, presented by the Dutch Ministry of Public health, Welfare and Sports.
According to the statement of grounds submitted by the Dutch authorities, the draft amendment intends to ban flavours other than tobacco in e-liquids in order to “reduce the temptation for young people and former smokers to purchase e-cigarettes”, and that this measure is “justified by the need to protect public health”. The statement also claims that, in order to achieve the objective of a smoke-free generation by 2040, “preventing smoking in general and helping current smokers quit are more likely to be achieved if e-cigarettes are less attractive.”
IEVA is concerned by this Draft Amendment, which effectively bans the use of flavouring additives in e-liquids by presenting an exhaustive list of 16 flavouring additives that are allowed.
IEVA believes the proposed flavour ban is not proportionate to the objective pursued, as the measure strongly fails to be:
- Appropriate, i.e. a suitable mean to attain the objective with a reasonable connection between the aim and the measure;
- Necessary, i.e. Member States should choose the means which least restrict the free movement of goods.
- The Tobacco and Smoking Products Act (Tabaks- en rookwarenwet)already fully regulates the market and prevents adolescents under 18 years old from buying such products (Article 8).
- The ban will lead to a rise in black market activity.
- It will put at risk tens of thousands of jobs and would lead to a reduction in government revenues by reducing tax collection.
See the whole contribution here: