Belgium: Vaping Products Will Be Placed in a New Category (Photo/Text)

On October 28, 2016, Belgium announced a royal decree that ultimately transformed the European Tobacco Products Directive (TPD), but this is a very important change for the category of vaping products. From January 17, 2017, when the regulation comes into effect, e-cigarettes and nicotine-containing e-liquids will be regarded as consumer products, according to the latest regular report from ECigIntelligence.

Previously, under the Drug Act of March 25, 1964, and the royal decree of December 14, 2006, e-cigarettes had been classified as medical devices in the section on human and veterinary medicines (Part One and Part Two). They did not explicitly mention e-cigarettes, but the Belgian Medicines and Health Products Agency (FAMHP) believed that these existing laws covered vaping products. The new decree will end the classification of e-cigarettes as medical devices.

However, after the national-level implementation of the TPD transformation, e-cigarettes will no longer be sold only by pharmacists, as retailers will need to obtain medical licenses. However, e-cigarettes that do not contain nicotine or tobacco extracts will be exempt from this situation and will not be regarded as medical devices.

This new special product regulation also includes strict restrictions on retail, including a ban on online sales, as well as restrictions on products, packaging, labeling, health warnings, and advertising. The new law also includes a maximum capacity of 2ml for atomizers, which also applies to nicotine-free open systems.

Vapers are preparing to take legal action.

The Belgian Vapers Association believes that this new legal framework goes against the interests of the people, warning that with the transformation of TPD rules, vaping will be regulated by tobacco laws.

“We believe that if this law is implemented, it will put tremendous pressure on the expansion of e-cigarettes in the Belgian market in the long run,” said Yves Woot de Trixhe, vice president of the Belgian Vapers Association. Some Belgian vaping industry insiders have already filed a lawsuit in the administrative court, with a ruling expected on December 13, 2017. The Belgian Vapers Association has held meetings with the federal government to discuss solutions to this situation. If the authorities do not change this law, the association “will continue to consult with lawyers to see how we can address this royal decree,” Woot de Trixhe added.

According to the latest ECigIntelligence Belgium market report, Belgium may be one of the most interesting countries in the e-cigarette sector. In 2016, the Belgian e-cigarette market was valued at approximately 33 million euros, with a vaping population of about 210,000 (as of February 2016).

This means: TPD will make significant changes to Belgium's vaping regulations. From January 2017, e-cigarettes will no longer be regarded as medical devices, but usage restrictions will be enforced. The Belgian Vapers Association believes that this new regulation will make it very difficult for the e-cigarette industry to expand nationwide, especially for retailers. Professionals in the vaping industry are holding meetings with the federal health department, hoping to amend the law. If no agreement is reached before the introduction of TPD rules in early 2017, this battle will end in court.