Tobacco-free nicotine products and refill packs for e-cigarettes, with and without nicotine

amendment to the Tobacco and Smoking Products Regulation in respect of requirements for refill packs and nicotinefree refill packs and the establishment of limit values for nicotine in tobacco-free nicotine products

The amendment to the Tobacco and Smoking Products Regulation (hereinafter ‘the Regulation’) is intended to set limits on the nicotine content of tobacco-free nicotine products . In view of the harmful effects and addictive potential of tobacco-free nicotine products, particularly for young people, this regulation sets limits on the nicotine content of tobacco-free nicotine products. The aim is to protect public health, in particular the health of young people, and to reach the smoke-free generation by 2040.

In addition, this amending regulation imposes additional requirements on refill containers for e-cigarettes with and without nicotine. A decision of the College van Beroep voor het bedrijfsleven (Administrative Court of Appeal for Trade and Industry) (herinafter: ‘CBb’) has made an adjustment of the Regulation necessary. The CBb ruled that a cartridge in which refill liquid for e-cigarettes is sold (a refill container) cannot be classified as the packaging (or more precisely the packaging unit) for that product, but should be classified as the product (‘the container’) itself. It follows from this ruling that the packaging requirements do not apply to refill packs. That is why this regulation sets out requirements regarding the appearance of refill packs. In addition, the present amendment to the Regulation is intended to set limits on the nicotine content of tobacco-free nicotine products. In view of the harmful effects and addictive potential of tobacco-free nicotine products, particularly for young people, this regulation sets limits on the nicotine content of tobacco-free nicotine products. The aim is to protect public health, in particular the health of young people, and to reach the smoke-free generation by 2040.