Netherlands: Tobacco product stall ban comes into force

The removal of stalls in retail outlets and online came into force on 1 January 2021 in the Netherlands[1]This provision has already applied in supermarkets since July 1, 2020. The measure concerns traditional tobacco products, heated tobacco and vaping products.

Several countries have already removed the display of tobacco products in stores. Instead of being displayed, the products are put away in cupboards or storage areas out of sight of customers. The visibility of the products is a factor in consumption. The arrangement of products on the shelves contributes to advertising at the point of sale and is widely used by tobacco manufacturers in a restrictive regulatory context concerning the ban on any advertising in favor of their products.

The removal of stalls in the Netherlands, a measure integrated into a comprehensive strategy to reduce smoking prevalence

The Netherlands has been engaged in an active policy of reducing tobacco consumption in recent years. Inspired by the tax policy adopted in France with the objective of a €10 packet, the country increased tobacco taxes in April 2020: on average €1 more for a packet of cigarettes and €2.40 for rolling tobacco.[2]. In parallel, the country has committed to reducing the points of sale of tobacco products by ending the sale of these products in supermarkets and gas stations by 2024.[3]. Making tobacco products more expensive and harder to access are among the most effective ways to discourage young people from starting to smoke. Furthermore, since 1 October 2020, all tobacco products in the Netherlands have been sold in plain packaging. For other products, such as cigars and e-cigarettes, plain packaging will be required from 1 January 2022.

Tobacco industry's workarounds to counter the measure

The removal of stalls in the Netherlands, which came into force in supermarkets since July 2020, has been met with resistance from the tobacco industry[4]. According to a survey by the Netherlands Food and Consumer Product Safety, about ten tobacco companies made illegal payments to Dutch supermarkets to encourage them to display and sell their products. The amounts paid by the manufacturers varied between €10,000 and €2 million per year depending on the supermarket. The payments made by the tobacco companies were conditional on requirements relating to the placement of tobacco products in the point of sale, their display on the shelves, the achievement of sales targets, and even the training of the staff of the place.