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Tuesday, 10 June 2025 - 12:50

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Dutch doctors threaten legal action against snapchat over illegal vape sales

Doctors from Leiden University Medical Center (LUMC), Amsterdam-based Antoni van Leeuwenhoek Hospital, and the youth anti-smoking foundation Rookpreventie Jeugd (Youth Smoking Prevention) have threatened legal action against Snapchat over the illegal sale of flavored vapes on the platform.

Lawyers representing the doctors sent a formal letter demanding that Snapchat acts within two weeks to block content related to vapes, Het Financieele Dagblad (FD) reports.

The letter references European regulations under the Digital Services Act (DSA), which require online platforms to combat illegal products and protect minors from unsafe content, explained attorney Laura van Gijn, who drafted the letter with a colleague on behalf of Rookpreventie Jeugd. The campaign is supported by the Dutch Cancer Society (KWF Kankerbestrijding), the Heart Foundation (Hartstichting), and the Lung Foundation (Longfonds).

Van Gijn told FD, “It is now widely recognized that flavored vapes are unsafe and illegal, including by Snapchat. But despite this, vapes are still regularly offered to children on the platform.” She added, “What Snapchat says it is doing is not enough. We demand that it strengthen security measures, add more filters, take concrete steps, and then show us the results and prove their effectiveness.”

Dutch law bans the sale of flavored vapes, but their illegal circulation reportedly remains widespread. Recent statistics from Statistics Netherlands (CBS) show that nearly 8 percent of 12- to 18-year-olds report vaping. Many of these products are acquired through illegal channels, including social media sellers. Snapchat is frequently mentioned by youth as a common source.

Seventeen-year-old Tim recently told RTL that he was hospitalized after vaping and that he bought e-cigarettes through Snapchat. He described the process: “Dealers just share a flavor list, and you pick which one you want. Then you ask if they want to come somewhere, give them money, and then you get a new vape.”

Doctors involved in the letter also surveyed young people on how they obtain vapes. Lung pathologist Danielle Cohen from LUMC, who educates middle school students about vaping risks, confirmed the trend to FD. “I always ask: how do you get these things? In every class, kids shout: through Snapchat. Dealers exploit how easily kids can be reached there. We tell them not to respond to these messages, but it’s no longer effective.”

If Snapchat fails to meet demands within two weeks, lawyers said they will escalate the matter to the European Commission and file a formal complaint with the Netherlands Authority for Consumers and Markets (ACM), which enforces regulations.

Van Gijn clarified to FD, “We are not seeking large fines for Snapchat. Our goal is to ensure they tighten policies to protect children from this content. They really need to improve.”

Snapchat responded to RTL, stating illegal activities, including vape sales, are strictly prohibited on the platform. “We use proactive detection technology, which we continuously improve, to identify and remove illegal content in Stories,” the company said.

Snapchat added it prohibits advertisers from promoting vapes and works to block illegal content in search results. However, EU law forbids scanning private messages for drugs or regulated goods like vapes. Users can confidentially report illegal content in chats. When Snapchat acts against violating content, it preserves evidence for law enforcement.

Bart Schermer, professor of Privacy and Cybercrime at Leiden University, supported the letter as a moral appeal but questioned its legal force. “It’s uncertain how far platforms must go legally. Snapchat has no general monitoring duty; they are not required to scan all posts. They are not liable for user content unless notified. They have a reporting system and moderate reported posts,” he told RTL.

Schermer said that Snapchat has a duty of care, but it is not proactive. “There has long been debate on whether large companies should do more. They make significant profits, and young people are seriously harmed by vaping, so maybe they should take more responsibility. But that is different from breaking the law.”

Regarding possible additional measures, Schermer told RTL, “It’s complicated. You could pre-screen posts seen by minors, but that risks delays and would require age verification systems, like ID scans or facial recognition, which are controversial.” He added, “Alternatively, posts about vapes could be banned, but then even educational content about vaping risks would be removed.”

Attorney Van Gijn countered, “Social media platforms like Snapchat effectively filter female nipples differently from male nipples, yet breastfeeding content passes through. So they can do it. Current vape measures are inadequate and disproportionate given how effective Snapchat is in other areas,” Van Gijn told RTL.

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