Belgium: Half of vaping retailers sell illicit products

In Belgium, half of e-cigarette sellers are violating new regulations banning attractive designs and slogans promoting products, according to a report published by the media Het Nieuwsblad, Gazet van Antwerpen, Het Belang van Limburg and De Standaard. A rate of violations that rises to 80% of retailers checked in Brussels-Capital[1].

In 2023, the outgoing Minister of Health, Frank Vandenbroucke, introduced a regulation aimed at reducing the use of e-cigarettes among young people by banning flashy designs and slogans. Indeed, the mention or suggestion of a taste, smell, or any aroma can only be done via a single word and in a specific font and size, in order to make the product less attractive. Manufacturers are also required to affix health warnings written in the three languages of the country. These must cover 35% of the surface of the packaging. In addition, a list of authorized substances has been established and new products must be registered before being sold.

A particularly high rate of infringements among retailers

Retailers had until the very beginning of 2024 to sell off their remaining stocks. 18 months later, data provided by the Ministry of Health shows that half of the retailers are in breach in the country (877 breaches recorded by the Belgian Federal Public Service -FPS- Health out of 1,746 inspections carried out over an eight-month period in 2024). The non-compliance rate even reached 80% in the Brussels-Capital Region. Two thirds of the inspections revealed problems with the composition of the e-cigarettes, and none of the manufacturers had complied with the obligation to register the new products.

So far, the FPS Health has only issued warnings, citing the novelty of the regulation. However, Minister Vandenbroucke has ensured stricter enforcement, including fines and potential store closures for repeat offenders.

A bill to ban all flavors for vaping products

Els Van Hoof, MP for the Flemish Christian Democratic Party (CD&V), expressed her serious concerns about the results of the investigation, particularly regarding the continued sale of non-compliant substances. She points out that the authorised ingredients are already harmful to young people and that unapproved substances pose even greater risks. For her, fruity and sweet flavours such as watermelon, popcorn or pancake flavour make vaping more attractive to young people and give a false sense of security regarding the consumption of these products. Van Hoof has proposed a law to ban these flavours, which is currently being considered by the Belgian Parliament.

The 1^er In January 2025, Belgium became the first EU country to ban the sale of disposable vapes in a bid to protect younger generations and the environment. Vandenbroucke said he would like to see a similar measure taken at EU level: "We call on the European Commission to take new initiatives to update and revise tobacco legislation"[2], he said.

AE

[1] Eight in ten e-cigarette sellers in Brussels violate new rules, Brussels Times, published January 6, 2025, accessed January 8, 2025

[2] Sam Clark, As Belgium's disposable vape ban looms, health minister urges EU to change smoking rules, Politico, published December 29, 2024, accessed January 8, 2025