Belgium’s new ban on disposable vapes is latest move in campaign for smoke-free generation

A raft of new tobacco regulations came into force in Belgium at the beginning of the year, largely aimed at deterring young people from smoking.

They included the ban of the sale of disposable vapes, which makes Belgium the first country in the EU to adopt such a strict stance to the flavoured devices popular among teenagers.

The cheap, single-use products are packaged in bright colours in a range of sweet flavours. For some consumers, the ban on their sale is an incentive to quit smoking, while others will turn to alternative products or purchase them illicitly.

When the measure was announced in March 2024, health minister Frank Vandenbroucke said: "Disposable electronic cigarettes cause a lot of harm to society and the environment. This harmful product mainly targets our young people. I am therefore pleased that we can remove them from the market."

The landmark move is part of Belgium’s 2022 national anti-tobacco plan that aims for a future tobacco-free generation by 2040. It sets the ambitious target for 0% of youth and 5% of adults to be tobacco users by 2040 – mirroring the EU’s own goals on smoking.

According to the Cancer Foundation in Belgium, some 24% of the population smokes, 19% of them daily. To tackle the public health burden, the federal plan includes a series of measures designed to motivate people to quit smoking and ensure that they do not start the habit.

Belgium’s cautious approach

While maintaining conventional tobacco control policies such as taxation and pricing, Belgium has long adopted a wary approach to novel smoke-free products, although they are recognised as offering reduced health risks. The sale of non-tobacco nicotine pouches for examples was banned in 2023 out of fear that the small flavoured sachets placed in the mouth would serve as a stepping stone for youngsters to start smoking.

But oral tobacco has helped Sweden – a country with a strong culture of products such as snus – to achieve the lowest smoking prevalence in Europe, recorded as 5.8% in 2022. Cancer-related deaths in the Scandinavian nation are 38% below the EU average.

So is Belgium’s predilection for banning products such as pouches and disposable vapes more effective than imposing regulations? Should a pragmatic approach towards harm reduction policies prevail over prohibiting alternatives to cigarettes?

With smoking remaining the leading cause of preventable illness and death, many member states are looking to the EU for guidance. Rules and regulations over tax, customs and alternative products vary widely around Europe.

Some countries imposing a higher level of taxation like France experience a rife market in illicit cigarettes. There are also major fluctuations in rules on heated tobacco, e-cigarettes and nicotine pouches.

That’s why following a two-year delay for the EU’s new Tobacco Excise Directive (TED), a Dutch-led coalition of 16 EU countries signed an open letter to the Commission calling for the legislation by spring 2025. Poland, which has recently taken on the EU’s rotating presidency, says it is willing to work on the new bill if the Commission proposes it before the end of June.

The current directive, imposing minimum excise levels on the 27 member states and defines tobacco product categories, dates from 2011. The Commission’s new proposal is expected to define different categories of products, excise structure and set minimum rates for alternative products. Although a harsher tax regime for the latter is anticipated, individual member states, NGOs and the industry are all keen for clarity.

Other new measures in Belgium

Among additional new regulations adopted by Belgium from 1 January, are further restrictions on smoking outdoors. It is now prohibited to light up within 10 metres of an entrance or exit of a healthcare, reception or educational establishment, such as a school or library.

In addition, the list of non-smoking places frequented by children has being extended to sports fields and tracks. It is possible, though, to set up an out-of-sight smoking area. Another exception to the rule is allowing smoking on the terrace of a cafe or bar located close to the sports facility.

While the sale of tobacco is already prohibited to those under 18, shops and outlets are now required to request proof of the buyer's age if the latter appears to be under 25. Authorities warn that they will conduct checks by hiring students to see whether stores comply with the rules. In the case of an infraction, the establishment could be closed for a  period from one hour to 30 days.

From April, all sales outlets will no longer be able to visibly display tobacco products. The new measure concerns supermarkets, newsagents, petrol stations and duty-free shops. The products will have to be placed in a separate area or stored in a drawer or cupboard.

“The aim of the ban is to reduce the visibility of tobacco products and thus make smoking less attractive, especially for young people", said FPS Public Health, which pointed out that "shop owners who do not comply with the ban risk a prison sentence of one month to one year and a fine of €2,000 to €800,000.”

Photos: (main image) ©Pixabay/Alfimahini; Swideish nicotine pouches; ©Belga image