The Dutch government plans to introduce specific legislation for heated tobacco products, which at present fall into the general category of tobacco products under the Tobacco and smoking products law, and are considered as novel tobacco products under the Tobacco and smoking products decree. Find all our content related to the Netherlands on this page.
Heated tobacco regulation: current situation in the Netherlands
The Netherlands was the first country in the European Union to begin readjusting regulation in line with the EU Tobacco Products Directive (TPD). Currently, no law specifically regulates heated tobacco products.
Heated tobacco products fall under the general category of tobacco products under the Tobacco and smoking products law. Tobacco products are defined as “products that can be consumed and which, even if only partially, consist of tobacco, whether or not genetically modified”.
More specifically, heated tobacco falls under the category of novel tobacco product under Article 1.1 of the Tobacco and smoking products decree (Tobacco Decree), as confirmed by the RIVM and by health minister Paul Blokhuis in his letter to the Dutch Parliament. Novel tobacco products are defined as “products that were introduced in the market after May 19, 2014 and that do not fall under [any of the other existing] categories”.
The heating device itself, which does not contain any tobacco, does not fall under the definition of a novel tobacco product and only general consumer product safety rules apply.