Netherlands

The Netherlands became a Party to the WHO Framework Convention on Tobacco Control on April 27, 2005.

Smoke Free Places

Smoking is prohibited in indoor workplaces, indoor public places, and public transport. Smoking is also prohibited in the outdoor premises of educational facilities (including primary, secondary, vocational, and higher education facilities).

Tobacco Advertising, Promotion and Sponsorship

There is a comprehensive ban on tobacco advertising and sponsorship. However, there is an exemption for tobacco specialty stores. Tobacco advertising and product display is allowed at these stores subject to restrictions. All forms of tobacco sponsorship are prohibited.

Tobacco Packaging and Labeling

Smoked tobacco product packaging must carry one of 14 combined (picture/text) health warnings covering 65% of the front and back of the package. There are 3 sets of 14 combined health warnings. Each set must appear for one year and be succeeded by the next set. The 14 combined health warnings within each set must appear equally in a given year. In addition, tobacco product packaging must contain a general warning and informational message. Smokeless tobacco products must carry a single text health message covering 30% of the two largest surfaces. Misleading packaging and labeling, which could include terms such as “light” and “low tar” and other signs, is prohibited.

Cigarette Contents and Disclosures

The law regulates specified contents of cigarettes, including banning products with a characterizing flavor. The law also prohibits the use of additives that: facilitate nicotine uptake; create an impression of health benefits; are associated with energy and vitality; and increase the toxic or addictive effects or the carcinogenicity, mutagenicity or reprotoxicity of a tobacco product.  The law requires that manufacturers and importers disclose to government authorities information on the contents and emissions of their products.

Sales Restrictions

The law prohibits the sale of single cigarettes and smokeless tobacco products, as well as the sale of tobacco products via the internet, in educational and cultural facilities, in playgrounds, stadiums and supermarkets, and in state-run and social welfare institutions. Tobacco sales in healthcare facilities are prohibited, with the exception of nursing homes, rehabilitation centers, psychiatric hospitals, institutions for the weak, family replacement homes for the disabled and nursing homes. Vending machine sales are restricted to specialty tobacco stores. The sale of tobacco products is prohibited to persons under the age of 18.

E-cigarettes

The sale of e-cigarettes is allowed subject to regulations. The law prohibits the use of e-cigarettes in indoor public places, workplaces, and public transport. E-cigarette advertising and promotion is prohibited (with the exception of point of sale product display). E-cigarette sponsorship is heavily restricted. The law prohibits e-cigarettes or refill containers with a characterizing flavor. Text-only health warnings are required to cover 30% of the surfaces of the unit and outer packaging. 

Roadmap to Tobacco Control Legislation

The Tobacco and Smoking Products Act is the primary legislation governing tobacco control. The Act regulates and/or authorizes regulation on smoking in public places; advertising, promotion, and sponsorship; packaging and labeling; cigarette content and disclosure; sales restrictions; e-cigarettes; and illicit trade and tracking and tracing requirements. The Tobacco and Smoking Products Decree and Tobacco and Smoking Product Regulation implement the Tobacco and Smoking Products Act and govern the same topics as the Act.

Review Status

This country’s legal measures were reviewed by our legal staff. No in-country lawyers or tobacco control experts reviewed our analysis.