The National Institute for Public Health and the Environment (RIVM) in the Netherlands has put forth a proposal aimed at standardizing the appearance and functionality of e-cigarettes. This initiative is part of a broader strategy to reduce the appeal of these products to youth, thereby curbing their use. The plan, detailed in a document published in April, outlines the various features that make e-cigarettes attractive and suggests regulatory measures to mitigate these aspects.
The Basis of the Proposal
According to the RIVM, the wide variety of available vape products allows manufacturers to target diverse consumer groups. This adaptability has led to the continuous development of new designs aimed at appealing to successive generations of users. The features contributing to e-cigarette attractiveness include:
- Discreetness
- Aesthetics
- Technological features
- Convenience and ease of use
- Modifiability
- Nicotine delivery
Moreover, e-cigarettes can be manipulated for alternative practices like cloud chasing and dripping, which are particularly common among U.S. adolescents and young adults.
Proposed Standardized Design
RIVM suggests that one effective way to reduce the appeal of e-cigarettes is by mandating a standardized design. The proposal emphasizes that more research is needed to identify the optimal set of device characteristics that would maximally reduce e-cigarette appeal to young people.
Simplified Design
One suggested approach is to adopt a simplified design that excludes any fancy aesthetic features and lacks modifiable or adjustable settings. This design would resemble the first-generation cig-a-like e-cigarettes, which might be less appealing to nicotine-naïve young people but still suitable for smokers looking to switch to e-cigarettes.
Compliance with Cigarette Standards
The standardized design would also adhere to Dutch regulations for the appearance of combustible cigarettes, which include standard dimensions, unprinted white paper, and a white or imitation cork tip. Furthermore, RIVM hints at the possibility of using dark colors and printed health warnings to further reduce the appeal of both tobacco cigarettes and e-cigarette devices.
Potential Challenges and Counterarguments
While the RIVM’s proposal aims to diminish the attractiveness of e-cigarettes, it is not without potential drawbacks and criticisms.
Illicit Market Concerns
One significant concern is the potential for a large illicit market to emerge. Consumers, particularly those unsatisfied with government-approved products, might turn to black market sources to obtain the e-cigarettes they prefer. This phenomenon has been observed in jurisdictions that have banned flavors or imposed other restrictive measures on vape products.
Circumventing Regulations
Manufacturers might find innovative ways to circumvent these design restrictions. For example, they may market colorful device covering sleeves that can easily be added to standardized devices, thereby undermining the intent of the regulation.
Lessons from Past Efforts
It is also worth noting that RIVM has previously faced challenges in regulating e-cigarettes. For instance, their list of allowed e-liquid ingredients included known carcinogens, leading to a postponement of the planned flavor ban by a year.
Global Perspective and WHO Recommendations
RIVM’s proposal aligns with advice from the World Health Organization (WHO), which advocates for prohibiting attractive and promotional features, regulating modifiable elements, and limiting the influence of power on nicotine and toxicant delivery. However, neither RIVM nor WHO has fully addressed the potential for a robust illicit market as a consequence of stringent regulations.