Netherlands

The law establishes a “smoking ban” in indoor public places, workplaces, and public transport. The definition of “smoking ban” includes a prohibition on smoking e-cigaretttes. Therefore, the use of e-cigarettes in these places is banned.

The Tobacco Act prohibits all forms of tobacco advertising and sponsorship. “Advertising” is defined to include advertising of tobacco and “related products,” which includes e-cigarettes. In addition, the law prohibits e-cigarette packaging that includes printed vouchers, offering discounts, free distribution, two-for-one or other similar offers. Therefore, advertising and promotion of e-cigarettes is banned.

The Tobacco Act prohibits most forms of tobacco sponsorship. Nothwithstanding, the sponsorship of radio programmes is permitted for companies whose main activity is not the manufacture or sale of tobacco products and “related products,” which includes e-cigarettes.

There is a general ban on point of sale display of tobacco products and “related products,” which includes e-cigarettes. However, there is an exemption for “specialty stores” that sell only tobacco products and related products. Point of sale product display is subject to regulations. Therefore, the regulatory status “Some Restrictions” is given.

The law prohibits domestic and cross-border remote sales of tobacco products and “related products,” which include e-cigarettes. Therefore, the sale of e-cigarettes via internet is prohibited.

Only a specified list of flavor-determining additives are allowed in e-cigarette liquids. The only flavour which can be made from the additives in this list is tobacco flavour e-liquid. Therefore, flavored e-cigarettes are banned.

The law prohibits placing on the sale of e-cigarettes containing:

(a) vitamins or other additives that create the impression that a product has a health benefit or presents reduced health risks;

(b) caffeine or taurine or other additives and stimulant compounds that are associated with energy and vitality;

(c) additives having colouring properties for emissions;

(d) additives that facilitate inhalation or nicotine uptake; and

(e) additives that have CMR properties in unburnt form.

E-cigarettes must bear the following warning covering 30% of the surfaces of the unit and outer packaging: “This product contains the highly addictive substance nicotine. Its use is not recommended for non-smokers.”  In addition, e-cigarette packaging must include a leaflet containing warnings for the following risk groups: pregnant, lactating women and persons with lung, cancer or cardiovascular diseases; information on possible adverse effects; and information on addictiveness and toxicity.

E-cigarettes packaging must bear a list of ingredients, the nicotine content of the product in mg per ml, and the nicotine release per dose. Packaging must also contain a recommendation to keep out of reach of children. Packaging shall not contain any elements that suggests that a product is less harmful than others, resembles a food or cosmetic product, or suggests that a certain tobacco product has improved biodegradability or other environmental advantages.

As of July 1, 2025, e-cigarettes may only be sold in neutral packaging.

The maximum nicotine concentration is 20 mg/ml.

Disposable cartridges, single use cartridges and the refill reservoir of a refillable e-cigarette must have a volume not exceeding 2 ml. In addition, e-cigarettes and refill packs must be in child-proof containers.

Manufacturers and importers of electronic cigarettes and refill containers must disclose to government authorities information on ingredients and emissions. In addition, manufacturers and importers must provide notification of new products 6 months before the intended date of marketing.