The Dutch ban on flavored vapes is lawful, a court in The Hague ruled, arguing that the harmfulness of e-cigarettes and the “attractive effect” of sweet flavors on young people have been sufficiently established, reports The NL Times.
The verdict came in response to a legal challenge brought by British American Tobacco and Nicoventures.
In 2020, the government prohibited all vape flavors other than tobacco, citing not only the receptiveness of young people to such tastes, but also the risk that sweet-tasting e-cigarettes would encourage people to transition to regular cigarettes.
According to the court, any gateway effect does not need to be scientifically proven to justify a ban. The harmfulness vaping and the appeal of sweet flavors to young people are sufficient to justify the measure, the judges noted.
In their appeal, BAT and Nicoventures argued that the measure disrupts the free traffic of goods within the European Union. They also said there was no evidence to suggest that the ban would benefit public health, and they warned that it would discourage smokers from trying to quit cigarettes with the help of e-cigarettes.
The court, however, ruled that the state has the “political discretion to give more weight to the interests of the youth and of a future smoke-free generation in the context of public health.”
And while acknowledging that the ban infringes on the free movement of goods, the court noted that this is permitted to protect public health if it is “appropriate, necessary and proportionate.”