Hundreds of Shops Are Still Selling Illegal Vapes Despite Repeat Fines
NVWA figures show 244 companies have been fined at least twice for selling flavoured vapes or selling to minors. One seller received his 14th fine during a recent inspection. Experts say fines alone are not working.
Hundreds of Dutch shops continue to sell illegal vapes despite receiving multiple fines from the Netherlands Food and Consumer Product Safety Authority (NVWA), according to figures obtained by RTL Nieuws through an Open Government Act request.
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The scale of non-compliance
The NVWA figures show that 244 companies have been fined at least twice for selling flavoured vapes or selling to minors. Of those, 72 have received five or more fines and six have received ten or more. During a day of inspections joined by RTL, one seller received his 14th fine. The NVWA inspector told the seller it would be nice if he stopped selling vapes illegally.
The figures also show that nearly half of all NVWA inspections of vape sellers over the past four years resulted in a fine (43 percent) or a warning (5 percent). Those inspected include tobacco shops, petrol stations, supermarkets and convenience stores.
What is illegal and why fines are not stopping it
Since January 2024, vapes with any flavour other than tobacco are banned in the Netherlands. Selling to under-18s has long been prohibited. The NVWA can issue fines and, since January 2025, also confiscate and destroy illegal products, with the costs passed on to the seller.
Under the old fine structure, a first offence carried a maximum penalty of €1,360 and a second offence up to €2,060, with repeated violations potentially reaching €22,500 in total. The NVWA can also confiscate and destroy illegal stock at the seller's expense.
Despite this, the system is clearly not working for a significant group of offenders. Herman Bröring, a professor of administrative law at the University of Groningen, said: "Apparently, offenders are not losing sleep over the amounts currently imposed as fines. If sellers simply carry on after receiving a fine, then those fines are apparently pointless. As an enforcer, you have to do more."
The NVWA acknowledged it was struggling with a group of determined sellers. "Besides sellers who adhere strictly to the rules, we also see a group of entrepreneurs who are very aware of our inspections and are increasingly hiding or removing vapes to avoid a fine," the authority told RTL.
Higher fines and new powers on the way
The government announced a broader action plan against vaping in early 2025, which includes structural extra funding of €3 million per year for the NVWA, new enforcement powers and higher fines. The new fine amounts are expected to take effect on 1 July 2026, pending approval by parliament. For larger businesses with more than 50 employees, such as supermarkets, fines will be higher still.
The government is also working on legislation that would make simply stocking flavoured vapes illegal, without requiring the NVWA to prove an actual sale took place. Under current rules, inspectors must catch a seller in the act of selling before a fine can be issued, making enforcement more difficult.
From 2026, vapes may only be sold in specialist tobacco shops and no longer in supermarkets, petrol stations or other general retailers. Experts and advocacy groups have argued that a licensing system would be more effective, allowing authorities to revoke a shop's right to sell tobacco products entirely rather than just imposing fines.
The youth health concern
Nearly one in four young people between 12 and 16 in the Netherlands has vaped at some point. The previous state secretary for youth and sport described nicotine as the third most addictive drug after heroin and crack. In 2024, 14 young people were hospitalised as a result of vaping, some with collapsed lungs or serious lung bleeds.
