Market & legal data in the tobacco alternatives sector in Netherlands

16th April 2024: Netherlands: A decree from the Ministry of Health, Welfare and Sport (VWS) amending the Tobacco and Smoking Products decree that prohibits sales of tobacco and related products in supermarkets and catering establishments from 1st July 2024 has been officially published. The Netherlands Food and Consumer Product Safety Authority (NVWA) has provided more details of the ban.
2nd April 2024: Netherlands: According to the Excise Tax Act, the excise tax for smoking tobacco (applicable to heated tobacco) increased from €216.64 to €346.98 per kg as of yesterday (1st April 2024).
20th March 2024: Netherlands: The state secretary for health, welfare, and sport’s regulation amending the Tobacco and Smoking Products Act to establish a list of prohibited additives in tobacco products and e-cigarettes as of 1st April 2025 was officially published on 14th March. The list is similar to the advisory list of substances, except for nicotine salts, which are added to the advisory list but will not be present in the mandatory list.
21st February 2024: Netherlands: The highest court, the Trade and Industry Appeals Tribunal, has reversed fines worth approximately €9.4m that were imposed on 11 tobacco manufacturers and wholesalers between 2020 and 2021, media reports. The Ministry of Health, Welfare, and Sport had imposed these fines for bonuses given to shops, which were seen as prohibited advertising. The tribunal concluded that there was no evidence to suggest that the agreements were intended to encourage consumers to consume more.
20th February 2024: Netherlands: The Trimbos Institute, a nonprofit research organisation in Utrecht, has issued a new heated tobacco fact sheet saying the claim that heated tobacco products (HTPs) are less harmful than regular tobacco products because the tobacco is heated and not burned is misleading. The institute said this is because heating tobacco involves "incomplete combustion, which still produces harmful substances", media reports.
19th December 2023: Netherlands: The Netherlands has notified an amendment to the Tobacco and Smoking Products Regulation to the European Commission's TRIS system. The amendment would introduce a registration requirement for points-of-sale of tobacco products and related products, including e-cigarettes, which would help with both the monitoring and enforcement of sales rules. Sales outlets would be obliged to register with the Netherlands Food and Consumer Product Safety Authority (NVWA). The standstill period is until 14th March 2024.
6th November 2023: Netherlands: The Council of Ministers has agreed to the proposal by health secretary Maarten Van Ooijen on a registration obligation for points-of-sale of tobacco and related products, including e-cigarettes. The registration obligation, to be introduced in 2024, would help with both the monitoring and enforcement of sales rules. The corresponding changes would need to be added to the Dutch legal framework.
31st October 2023: Netherlands: The House of Representatives (lower chamber of parliament) has approved the 2024 Tax Plan. It seeks to further increase the excise tax on cigarettes and smoking tobacco from April 2024, among other things, media reports. Given that heated tobacco consumables are taxed at a rate reserved for smoking tobacco in the Netherlands, this change would influence heated tobacco taxation. According to the 2024 Tax Plan, the tax is to be further increased to €338.98 per kg (instead of €266.98, as was proposed last year in the 2023 Tax Plan) from 1 April 2024. The Senate would need to approve this proposal.
31st October 2023: Netherlands: Members of the House of Representatives (lower chamber of parliament) submitted a motion requesting the government to investigate the possibility of imposing a national ban on cigarette filters. We believe that, if imposed, it would also be applicable to filters of heated tobacco.
26th October 2023: Netherlands: Maarten van Ooijen, the state secretary of health, has sent a letter to inform the House of Representatives on future efforts to reduce the number of points-of-sale of tobacco and related products, to increase age restrictions from 18 to 21, and to ban nicotine pouches. Van Ooijen said that given the outgoing status of the current cabinet, any decisions on additional measures on these issues will be left for the consideration of the next cabinet. He also mentioned the negative stance of the outgoing cabinet on nicotine pouches and gave a reminder that the bill amending the Tobacco and Smoking Products Act which seeks to completely ban nicotine pouches had already been submitted to the House in September.
11th October 2023: Netherlands: According to the recent Youth Monitor on tobacco and nicotine products from the Trimbos Institute, 21.7% of Dutch youth and young adults (aged 12 to 25) have used an e-cigarette in the past year. In addition, 4.3% of young people have used nicotine pouches in the past year. The state secretary for health, welfare and sport, Maarten van Ooijen, has shared the study with the House of Representatives (Tweede Kamer, the lower chamber) via a letter, in which he expressed his concerns over the figures. Van Ooijen also listed the recently enacted and proposed changes to the tobacco and nicotine framework to make these products less appealing to young people. And he specified that possible additional measures are being considered, but did not include more details.

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