The Dutch court that upheld the ban on flavoring vapes dismissed a lawsuit by British American Tobacco (BAT) and related companies. Although the court held that the ban could affect the free movement of goods, it was proportionate and necessary in the interest of public health.
According to RD November 6, the Hague District Court ruled that the Dutch government has the right to ban vape flavors in order to protect public health.
The decision was made in British American Tobacco. (BAT) and related corporate lawsuits filed by Nicoventures.
According to the Netherlands’ 2020 ban, vapes can only be added to certain cigarette flavors. The government has found that the sweet smell of vapes could eventually prompt people to inhale traditional tobacco, and the government is aiming for a “smoke-free generation” by 2040.
The court held that there was no scientific evidence to support whether the ban promoted the inhalation of vapes into traditional tobacco. The dangers of vapes and the lure of sweet flavors to young people are enough to justify a ban on flavoring.
BAT and Nicoventures argue that the ban violates the principle of free movement of goods within the EU and that it could also have the opposite effect, as fewer smokers will try to use vapes to quit.
The Court found that this possible adverse effect was not sufficient to be a problem. The country has “room for political evaluation, in a public health framework, to pay more attention to the interests of young people and the future smoke-free generation.” The court acknowledged that the flavoring ban infringed on the free movement of goods, but that the infringement was acceptable if it was “proportionate, necessary and proportionate” to protect public health.
