The age limit for the purchase of nicotine products will go from 18 to 21 years in the Netherlands, if it is up to the upcoming government. The three coalition parties are also criminalizing the possession of illegal vapes and plan to intensify enforcement.

By the web editors

After the elections in the Netherlands last October, the liberal democrats (D66), conservatives (VVD) and Christian democrats (CDA) last week reached a coalition agreement for the government they plan to form. On tobacco prevention they plan to raise the minimum age for the purchase of nicotine products from 18 to 21 years. At the same time, the parties want to criminalize the possession of illegal vapes and increase the enforcement of the Tobacco Act. This can be learned in the coalition agreement that the three parties presented last Friday. Advocates of public health speak of a ‘victory’, tobacco retailers of ‘another blow to our industry’.

The increase in the age limit cannot be seen separately from the citizens’ initiative Nicotinee, which was discussed in the House of Representatives in 2024 with the support of 76,000 Dutch people. During that debate, the CDA already submitted a motion that called for research into the possibilities of a generational sales ban for everyone born from 2012 onwards. That motion was passed by a large majority, while a second motion by NSC and CDA asking for the age limit to be raised to 21 years did not make it, thanks to a vote against by the VVD.

‘Free choice not always good’

The fact that 21 years is now in the coalition agreement is the negotiation result of two parties that had both raising the age limit to 21 years and a generation ban in their election programs (CDA and D66 after amendments) on one side and the VVD, which still put ‘personal responsibility for one’s own health’ first in its program.

Prospective Prime Minister Rob Jetten (D66) told the NOS about the latter: “It sometimes seems, especially for liberals like me, as if complete free choice is always the best thing there is, but sometimes free choices push us in the wrong direction – especially when it comes to children. As a government, we do have a task there to protect young people and their health from being influenced by large companies.”

‘Fantastic intermediate step’

Both pathologist Daniëlle Cohen (Vapen #jouwkeuze) and Wanda de Kanter, chair of Youth Smoking Prevention and initiator of Nicotinee, celebrate the plans in the coalition agreement as a victory. Wanda de Kanter calls it a “fantastic intermediate step on the way to a smoke-free generation in a law.” And Cohen writes: “Steps are being taken for a healthy, nicotine-free generation, for future-proof care, for growing up without addiction.”

According to both, the importance of raising the age limit lies in the fact that there will soon be no more students in schools who are allowed to buy tobacco. Now 18-year-olds are still allowed to do so. Apart from the fact that ‘seeing smoking makes you smoke’ is in principle no longer an issue, there will also be no more students who can buy cigarettes or vapes for underage fellow students.

Paediatric pulmonologist Noor Rikkers-Mutsaerts speaks of a ‘good step’: “We now hear so often that older friends buy cigarettes for minors. That will soon no longer be so easy. It will also be more difficult for young students in professional and scientific education to start smoking.”

Stronger enforcement

Rikkers also notes that the counterargument that raising the age limit will lead to more illegal trade is invalidated by the plans for stronger enforcement. “That’s smart, because that’s how you parry the panic argument of ‘watch out!! Even more illegal sales’ from the industry that will certainly come”, she writes.

The fact that purely stocking illegal (flavored) vapes will already be punishable is a big step forward. Currently, only the sale of them is punishable, which means that dealers can get away with it if they claim that their backpack full of vapes is for their own use.

Smoke-Free Generation, the collaboration of the Health Funds for a Smoke-Free Netherlands (KWF Dutch Cancer Society, Lungfund and Heart Foundation) also cheers the ‘Great news’ and immediately calls on the upcoming cabinet and the House of Representatives to get on with it and work on a tobacco addiction fund (with which the tobacco industry pays for smoke-free policy and enforcement), more legal smoke-free environments and “preparing a licensing system for the sale of nicotine products.”

Tobacco retailers disappointed

The dissenting voice was not long in coming. Hart van Nederland interviewed a tobacco retailer who talks about an accumulation of measures that tobacco shops have already had to deal with. “The government is always criticizing us. I understand that the government wants a healthy society, but in the meantime, they also want to rake in assets in excise duties.” However, tobacco retailers must realize that the smoke-free generation has been the policy goal of the Dutch government for years. Nicotine sales are therefore going to decrease anyway, and retailers had better look for other sources of income.

Industry itself argues for 21 years

Still, it is understandable that the VVD, a party that favours businesses and entrepreneurs, has agreed to the age increase. After all, the tobacco industry would rather see an increase to 21 years than an age limit that is raised by a year every year, which is the practice of a legally enshrined smoke-free generation. In the UK, where a Smoke-Free Generation Act is in the works, the industry has already proposed an increase from 18 to 21 years as an alternative.

In 2014, the age limit also went up, from 16 to 18 years. At the time, research by TabakNee revealed, the industry itself had proposed this increase in contacts with the Ministry of Health, Welfare and Sport. Because, of course, such an age limit and an age limit campaign provides a responsible image to the outside world, while in practice it means very little. 21 years should therefore only be an intermediate step towards a Smoke-Free Generation law.