Delayed legislation, several postponements: How far has the one-time ban come to fruition in Europe?

Are Disposable E-Cigarettes Facing a Ban in Europe?
Poland’s Health Minister, Izabela Leszczyna, announced during a press conference on March 21 that the legislative process for banning disposable e-cigarettes is expected to conclude in April. When asked about the proposed ban announced at the end of February, Leszczyna acknowledged that the timeline for finalizing the law had been delayed due to other priorities, but assured that April would serve as the deadline for drafting the legislation.

According to the World Health Organization (WHO), one in five cigarettes sold globally is a disposable flavored e-cigarette. While no EU country has yet enacted a clear ban on e-cigarettes, a legislative wave is approaching in Western markets, following the UK’s lead, with several countries like France, Belgium, and even Australia and New Zealand indicating plans to prohibit disposable e-cigarettes at their own pace.

The Context Behind the Ban and Potential Challenges
Poland: Sales of Disposable E-Cigarettes Soar
In recent years, Poland has seen a significant rise in disposable e-cigarette sales, reaching 32 million units in 2022 and surpassing 100 million in 2023. Reports from the Polish Market Monitoring Center estimate the market value of disposable e-cigarettes at around 2 billion Polish zloty (approximately $500 million). Minister Leszczyna described the initiation of a ban on disposable e-cigarettes as “urgent.”

France: Ban Expected to Take Effect in September
On March 21, the French parliament reached an agreement to ban disposable e-cigarettes, with the prohibition set to take effect by the end of September 2024. This ban will prevent the manufacture, sale, or free distribution of disposable e-cigarettes, with violators facing fines of up to €100,000. The bill was passed in December 2023 and unanimously approved by the Senate in early February. A joint committee of both houses reached a consensus on March 21, leading the government to promptly notify the European Commission, which has six months to review the legislation before it can take effect in September.

Belgium: New Tax and Upcoming Ban
Starting January 1, 2024, Belgium will implement a new tax policy on e-liquids, charging €0.15 per milliliter. A spokesperson from the Ministry of Finance stated that this tax rate aligns with Germany’s and may increase in the coming years. Additionally, Belgian authorities plan to ban the sale of disposable e-cigarettes starting January 1, 2026. To comply with EU laws, particularly the Tobacco Products Directive (2014/40/EU), Belgium needs approval from the European Commission for its new regulations. Reports indicate that the Commission has expressed support for Belgium’s plans to prohibit the sale of disposable e-cigarettes, making Belgium the first EU country to enforce such a ban.

Other Voices: Calls for a Total Ban by 2024
In March 2023, seven major associations—including the European Federation of Waste Management and Environmental Services (FEAD) and the European Recycling Industries Confederation (EuRIC)—jointly urged for a complete ban on disposable e-cigarettes by the end of 2024 due to their negative impact on the environment and recycling goals. A primary concern is the environmental hazards posed by the lithium batteries contained in disposable e-cigarettes. Improper disposal has led to multiple incidents of fires in public spaces and waste management facilities.

Following this, the European logistics sector has begun to show signs of non-cooperation. Luxembourg-based cargo airline Cargolux announced that it and its subsidiary, Cargolux Italia, would cease transporting disposable e-cigarettes. Cargolux hopes this decision will encourage other logistics companies to adopt similar measures. The potential for further service providers to withdraw from this market and the resulting business implications remain to be seen.

As the movement against disposable e-cigarettes gains momentum across Europe, the landscape of vaping products could be undergoing significant changes in the near future.