Belgium gets approval to ban disposable e-cigarettes

The European Commission considered on 18 March 2024 that Belgium's request to ban the trade in single-use e-cigarettes with nicotine ("puffs") was "justified, necessary and proportionate". France, Ireland and Germany are also expected to issue similar requests.

In November 2022, when it was reviewing its regulations on electronic cigarettes, Belgium wanted to ban disposable electronic cigarettes ("puffs") and was refused on this point by the European Commission. The latter considered that a decision of this type could only be taken for reasons of both public health and specific to the situation in the country. Belgium therefore completed its file and asked the Commission in September 2023 for the possibility of banning marketing puffs, whether or not they contain nicotine.

The European Commission issued its opinion on 18 March 2024, granting Belgium the right to ban the marketing of puffs.[1] with nicotine. It only ruled on puffs containing nicotine, this decision being within the framework of the European Tobacco Products Directive (TPD).

A decision expected in Europe

This decision was expected by several European countries which have similar projects. France, Ireland And Germany should therefore soon send to the European Commission dossiers focused on the ban on the marketing of puffs. Although it has integrated vaping into its anti-smoking policy for several years, the United Kingdom also plans to ban these single-use products.

Green MP Francesca Pasquini, at the origin of the bill in France, estimated that "This decision is good news for the health of Belgians, for Belgium and for the protection of the environment."[2] Beyond the danger they represent for public health, disposable e-cigarettes are indeed environmental threats, their waste containing plastic, toxic substances and lithium batteries causing pollution and fires. However, it is because of their strong power of attraction among young people and adolescents, sharpened by aggressive marketing campaigns on social networks, that puffs are targeted by the authorities. The very colorful designs, the wide range of sweet and fruity flavors offered and certain "fun" accessories (presence of flashing LED bulbs) suggest that these products are primarily intended for the youngest. The very rapid spread of puffs among young non-smokers since the end of 2021 has been highlighted in particular by stakeholders in public healthThe bill to ban them was to be presented to the joint committee on March 21, 2024.

The question of so-called “nicotine-free” puffs

One of the questions left open by the European Commission concerns puffs presented as nicotine-free. In its supplementary information file, Belgium had highlighted a “much higher rate of regulatory non-compliance” on the puff market, particularly in terms of exceeding the authorised nicotine thresholds and tank capacity. This finding of non-compliance is also valid for puffs declared nicotine-free, among which nicotine is sometimes present at high rates, have been noted in several countries. Puff manufacturers have also anticipated legislation and designed products with rechargeable batteries to avoid regulatory bans.

Keywords: Belgium, European Commission, disposable e-cigarettes, puffs

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[1] European Commission, Commission implementing decision of 18.3.2024

relating to the national provisions notified by Belgium prohibiting the placing on the market of disposable electronic cigarettes, published on March 18, 2024.

[2] Bauer-Babef C, EU Commission gives green light to ban disposable e-cigarettes in Belgium, Euractiv, published March 19, 2024, accessed March 20, 2024.