Belgium: Ban on nicotine pouches not respected

Despite their ban in October 2023, the Brussels Times newspaper warns about the ease of access to nicotine pouches among retailers in Belgium.

A year ago, a royal decree banned the marketing of nicotine pouches in Belgium, at the request of the country's health organizations. This decision was supported by Franck Vandebroucke, the Belgian Minister of Health, considering that the objective of a tobacco-free generation is inseparable from a public health policy restricting access to all nicotine products.[1].

Nearly one in five retailers continue to sell nicotine pouches

This year, an inspection carried out by the Belgian authorities in 1,781 establishments reported that more than 300 of them were not complying with the ban on the sale of nicotine pouches. According to Annelies Wynant, spokesperson for the Ministry of Health, retailers circumvent the legislation by hiding their products in their shops: in washing machines, ovens, fryers, etc. The inspections carried out by the authorities resulted in the seizure of more than 3,200 boxes of nicotine pouches.

A lack of resources from the ministry to ensure compliance with practices

The Brussel Times also notes that nicotine legislation falls under the food legislation, and therefore the responsibility of the Ministry of Health, even though the police can also carry out compliance checks. In the event of an infringement, the trader is liable to a fine, which can range from 208 to 120,000 euros. Beyond the numerous infringements observed among Belgian traders, the spokesperson for the Ministry of Health highlights the risk of the development of an illegal trade in nicotine pouches on the Internet. However, for the time being, online sales and advertising practices are essentially limited to electronic cigarettes. For Wynant, the fight against the trade in nicotine pouches should be taken on more by the police than by the Ministry of Health, whose expertise and resources are too limited to be carried out effectively.

In France, the ban on nicotine pouches is under discussion

According to the Belgian Ministry of Health, the upcoming ban on nicotine pouches in neighbouring countries could facilitate the effective implementation of the measure. At the end of October, Geneviève Darrieussecq, the Minister of Health and Access to Healthcare in France, announced the upcoming ban on nicotine pouches, citing in particular the increase in cases of nicotine poisoning among young people. However, the Senate and the joint committee have since voted in favour of taxing these new nicotine products, following a lobbying strategy jointly supported by tobacco manufacturers and the Confédération des buralistes. However, the decree banning nicotine pouches, supported by the government, has been forwarded to the Council of State.

FT

[1] Brussels Times, A year on, nicotine pouches still available in shops despite ban, 26/11/2024, (accessed 27/11/2024)