A survey conducted by the Dutch vaping consumer association, ACVODA, reveals that the restrictions introduced in the Netherlands have not worked as intended. From 1 January 2024, the country banned all vaping flavours except the tobacco flavour to make e-cigarettes less attractive to young people. It also banned online sales of vaping products.
However, the survey found that rather than reducing usage, the bans have pushed consumers to seek vapour products from abroad. Many Dutch vapers now purchase flavoured products from neighbouring countries or through online platforms outside of the Netherlands. This has resulted in a booming black market, where consumers are obtaining their products from unregulated sources.
The Dutch case is one of many where bans or restrictions as some call them, tend to have unintended consequences of spawning illicit markets and booms in counterfeit goods.
But why the persistence on bans?
Why does the World Health Organisation (WHO) persist on advocating for complete bans, as opposed to regulation based on scientific evidence, particularly when it comes to vaping? Put simply, the bans are to kill vaping. The WHO maintains that vaping is used by tobacco companies to attract young people and hook them into nicotine addiction to create a new customer base. WHO Director-General Tedros Adhanom Ghebreyesus last year said, ‘Kids are being recruited and trapped at an early age to use e-cigarettes and may get hooked on nicotine.’ He went on to urge ‘countries to implement strict measures to prevent uptake to protect their citizens, especially their children and young people.’ Today, based on a 2023 World Health Organization report, 33 countries have moved to ban the sale of vaping products, and 87 that have implemented regulations such as age restrictions on sales, bans on advertising and prohibiting vaping in public indoor areas. The WHO states that the bans are to curb the increased use of the products by children.
The WHO’s crusade against vaping is deliberately ignorant of the facts and to some extent does not care about smokers, even though, it may claim otherwise. It has been proven that nicotine addiction does not vanish simply because of inaccessibility. Instead, smokers find other means to satisfy their cravings, often turning to unregulated or illegal markets. This unintended consequence undermines the WHO’s objectives and poses significant risks to smokers and the very children it claims to protect. It is no wonder that things have turned out the way they are in the Netherlands.
For many smokers, vaping has been an effective way to reduce harm and transition away from traditional cigarettes. Research consistently highlights the crucial role that flavoured vaping products play in helping adult smokers make this switch. Flavours, make the transition more manageable, allowing smokers to distance themselves from more harmful tobacco products.
A recent study led by Stephen T. Higgins, PhD, from the University of Vermont, found that e-cigarettes in preferred flavours, particularly fruity and sweet, when combined with very low nicotine content cigarettes, significantly reduce smoking behaviours in adults at the highest risk for smoking-related harm. This study underscores the risk of prohibiting commonly preferred e-cigarette flavours, such as fruity and sweet, as part of efforts to discourage youth use.
What route should SA take?
As South Africa prepares to implement strict regulations on vapour products through the revived Tobacco Products and Electronic Delivery Systems Control Bill, it is critical to consider the impact of similar policies in other countries. The proposed bill gives the Minister powers to prohibit “any substance or ingredient that creates a specified colour, characterised flavour, smell, or effect on the consumer.” The Department of Health has stated that it is mulling over the ban on flavoured e-liquids and vapes.
The case of the Netherlands should serve as a cautionary tale. There is ample evidence throughout the world that bans do not always achieve their objectives, instead, they lead to acts of criminality. In some countries, the enforcement and policing of such bans have also been shown to be inadequate. It is no wonder that over the past 3 years, four countries have gone the other way and lifted their restrictions on vapes — Egypt, Kuwait, Bahrain and the Palestinian territories. Norway, which has a ban on all new nicotine products entering the market, is already looking to loosen the restriction. Rather than imposing restrictive bans, South Africa should adopt evidence-based, balanced regulations that protect public health while preventing the growth of illicit markets.