2021/0515/NL
EC/EFTA
NL Pays-Bas
  • X00M - MARCHANDISES ET PRODUIT-DIVERS
2021-11-03
2021-08-19

Subject: packaging requirements and advertising rules for electronic heating devices to heat tobacco products and requirements for the appearance of cigarettes.

Amendment of the Tobacco and smoking products regulation to regulate electronic heating appliances and a standard appearance for cigarettes

Earlier, an amendment to the Tobacco and Smoking Products Act has been notified in which

1) to bring electronic tobacco heating devices within the scope of the law, and 2) to create a basis for imposing requirements on the appearance of cigarettes by ministerial order so that they maintain a neutral appearance.
The legislative amendment will apply to electronic tobacco heating devices, the smoking ban, the advertising ban, the trade mark extension ban and various sales restrictions (such as the age limit of 18 years). It will also be possible to impose requirements on packaging in case of lower regulation, such as the prohibition or prescription of certain indications that may encourage use or give the intention of a healthy product.
Furthermore, the legislative amendment makes it possible to lay down requirements for the appearance of cigarettes by ministerial order. The present ministerial amending regulation brings the Tobacco and Smoking Products Regulation in line with the bill. This requires a specific amendment of the regime in relation to a) rules on indications on electronic tobacco heating devices (e.g. health warnings), b) requirements to be respected when advertising electronic tobacco heaters and c) specific requirements for the appearance of cigarettes. The characteristics of cigarettes required by this scheme are colours, indications, design and dimensions. On the basis of the requirements laid down, only the brand name and variant in a specified colour, font and font size are permitted on a cigarette. It is no longer possible to draw extra attention to the cigarette on the basis of colours and figurative marks and thus to seduce young people and other vulnerable groups to start smoking. Therefore, in the Netherlands too, the government considers it necessary to prescribe a neutral appearance for a cigarette.