From 1 July 2024, supermarkets will no longer be allowed to sell tobacco products. This measure is intended to reduce smoking behaviour and improve public health. Martin Buijsen, Professor of Health Law at Erasmus School of Law, discusses this recent change in an article by EenVandaag.
The new tobacco sales ban will apply from 1 July to places focused on selling food and beverages, such as supermarkets, convenience stores, and local shops. Hospitality establishments without a licensing requirement, including snack bars and casinos, are also subject to this ban. Tobacco will still be available at wholesalers, as they do not target private individuals, and at petrol stations. With this new measure, the Dutch government hopes to take an essential step towards a smoke-free generation by 2040, as set out in the National Prevention Agreement. In 2022, almost 19 per cent of Dutch adults smoked. By 2040, this should have decreased to just five per cent, with no eighteen-year-old smokers remaining.
“The government aims to make tobacco products less readily available”, explains Buijsen. “One of the most logical ways to do this is a ban on supermarkets, even the smaller ones. People often visit these places and can easily grab some tobacco products.”
Infringement on privacy
“Anti-smoking measures can be an infringement on your right to privacy”, says Buijsen. “But that right to privacy is not absolute. It can be restricted if there are reasons related to, for example, public health.” The government can take anti-smoking measures if they meet certain conditions. Buijsen explains: “A restriction on privacy must serve a purpose, such as protecting public health within the framework of the government’s duty of care. And a restriction must not go further than necessary to achieve that purpose. Such a restriction must also be regulated by law.”
Approval from the European Commission
Buijsen explains that countries need approval from the European Commission to implement certain far-reaching measures. “This was not necessary for this ban, which will prevent supermarkets from selling tobacco products. This is because it is not a complete ban on smoking products; it is merely a policy to limit the number of sales points,” the professor explains. “But approval was necessary, for example, when Belgium recently wanted to introduce a total ban on disposable vapes. The State wanted to remove a product from the market completely, which is, of course, a far-reaching measure.”
Tobacco from abroad
The demand for foreign tobacco products will likely increase with the ban, says Buijsen. “The ban will have an effect, but it is naive to think it will immediately reduce the demand for smoking. The legislator anticipates this effect but accepts it as a side effect of the policy.”
A total Dutch ban?
The future of a total ban on tobacco in the Netherlands depends on political will, according to Buijsen. He points to countries such as New Zealand, where smoking products are no longer available for certain age groups. “In New Zealand, this has been reversed, but it has been an inspiration: in the United Kingdom, there was political will – even among the Conservative Party – to implement similar policies”, says Buijsen. Although Dutch left-wing parties support such measures, Buijsen does not expect a total ban to be introduced in the short term, given the right-leaning cabinet.
- Professor
