Belgium: ban on the sale of tobacco, vaping products and alcohol to minors is poorly respected

The Belgian Federal Public Service (FPS) Health conducted a mystery shopper survey with minors aged 15 to 17 to verify compliance with the ban on the sale of tobacco, vaping and alcohol products to minors under 18.[1]The results show that more than 70 % of the merchants tested do not comply with the regulations concerning the sale of tobacco and vaping products to minors, and 80 to 90 % for alcoholic beverages.

In Belgium, the sale of spirits is prohibited to those under 18, the sale of beer and wine is prohibited to those under 16 and the sale of tobacco and vaping products is prohibited to those under 18.

Widespread non-compliance with the sales ban

The FPS conducted a "mystery shopper" study with minors aged 15 to 17, accompanied by an adult standing back who observed the situation and noted whether or not the sale had taken place.

The results of this campaign show that tobacco, vaping products and alcohol remain very accessible to minors since more than 7 out of 10 retailers have agreed to sell tobacco or vaping products to minors. The highest number of violations is observed in supermarkets and gas stations since 80 % have accepted the sale. Concerning the sale of alcohol, the ban on the sale of spirits (for under-18s) is not respected in 90 % of cases. For beer and wine (under-16s), the violation rate is approximately 80 %. Horeca establishments[2] and gas stations are the places where alcohol is most easily sold to minors with more than 90,000 violations recorded.

Similar findings have been observed in France by the National Committee against Smoking (CNCT), which has been conducting mystery shopper surveys among tobacconists for several years to verify compliance with the ban on the sale of tobacco to minors. According to the results of the survey conducted in 2021, tobacco remains very accessible in France, since 64% tobacconists agree to sell tobacco to minors, thereby facilitating their entry into smoking and maintaining smoking prevalence at particularly high rates in the country. For alcohol, the association Addictions France conducts the same type of survey and according to the 2020 results, 90% of the stores visited sold alcohol to minors under the age of 18. Limiting access to tobacco and alcohol to minors is an essential step in preventing initiation and denormalizing these products.

Reinforcements provided for in the laws

Belgian Health Minister Frank Vandenbroucke wants to strengthen existing controls to impose fines on traders who violate the rules. The minister also wants additional measures to reduce the availability of alcohol and tobacco by limiting the places and/or times when sales are permitted. The sale of tobacco will be banned in vending machines by the end of 2023. This will be followed later by a ban on sales in hospitality establishments, temporary sales points (such as music festivals) and supermarkets larger than 400 m².

Belgium has recently implemented several strong measures to combat smoking and will soon achieve a tobacco-free generation. It plans to expand smoke-free public spaces, to fight more effectively against the still too strong interference of the tobacco industry, to increase taxes on tobacco and to improve health warnings on packaging. It has also positioned itself to ban the sale of nicotine pouches, disposable vaping devices and cigarette filters.

Keywords: Belgium, minors, sales ban, tobacco, vaping, alcohol, tobacco-free generation

©Tobacco Free Generation

AE

[1] Results of the summer 'mystery shopping' campaign, Federal Public Service - Public Health, Food Chain Safety and Environment, published on August 25, 2023, consulted the same day.

[2] Hotel, restaurant and cafe business sector.