Cigarette sales do not comply with Dutch law, and could soon get stricter
Stricter enforcement which could dent the sales of filter cigarettes in the Netherlands may take effect before the end of the year. The Rotterdam district court ruled on Friday that selling the cigarettes is a violation of Dutch law, because the way in which the inhalation of harmful substances is measured is severely flawed. The court said a remedy has to be in place within six weeks, at which point sales may need to be halted.
At issue are a series of perforations around the filter that are intended to mix clean air with the smoke before it is inhaled. The court ordered the Dutch Food and Consumer Product Safety Authority (NVWA) to strictly enforce Dutch rules regarding the legal limits of harmful substances that smokers take in when using filter cigarettes. The current method of testing cigarettes uses machines to simulate inhalation with the perforations kept free and clear, and the harmful substances like are then calculated.
“In practice, smokers largely close these holes with their fingers and lips,” the court said. It cited research from the Dutch health institute, RIVM, which showed that covering up those holes causes people to inhale far more tar, nicotine and carbon monoxide. When the perforations are completely blocked, people are likely to inhale between 2 and 20 times more than the allowable limit of the harmful substances. “However, the NVWA rejected the request to take enforcement action because it claims to be bound by the measurement method prescribed in the Tobacco Directive,” the court said.
The court said in its opinion the calculations used by the NVWA does not actually comply with the Tobacco Directive, because measurements are supposed to more carefully simulate smokers’ behavior when using filter cigarettes. Since there is not a standardized measuring method agreed to by the European Commission, the Netherlands is responsible for making sure all calculations are accurate and comply with the legal Dutch limits for harmful substances.
In its ruling, the court sided with the plaintiff, a foundation to prevent children and young adults from taking up the habit, and clearly stated that the sale of filter cigarettes in the Netherlands currently violates Dutch law. “This means that the NVWA must take enforcement action against the sale of filter cigarettes. The court gives the NVWA a period of six weeks to do so,” the court said.
The Netherlands has already taken various measures to discourage smoking. Since last year, supermarkets are no longer allowed to display cigarettes and other tobacco products. From 2024, supermarkets will not be allowed to sell any smoking products.
