Recent attempts by European governments, particularly in Spain and Denmark, to ban disposable vapes and flavoured vaping products are a recipe for disaster. They are not the only ones. In total, a dozen countries are pushing Brussels to institute a bloc-wide policy of cracking down on electronic cigarettes. Although presented as a way to eliminate smoking and protect public health, bans will only create new problems.
Bans on vapes will not stop people wanting to vape. The demand will still be there. Instead, these policies will simply move the market underground. We must regulate e-cigarettes. It is better to have a legal, regulated market for vapes, rather than an illegal one, which will inevitably be the case if vaping is banned.
Instead of bans, policymakers should focus on better regulation—allowing legal vapes with strict safety rules, taxes, and a crackdown on illegal sellers. We also need public awareness campaigns about the health benefits of switching from smoking to vaping, since polling has consistently shown smokers wrongly think vaping is more harmful, which prevents them from switching and likely costs lives.
Spanish health secretary Javier Padilla called disposable vapes and flavoured products a threat to human health and the environment. The argument goes that these products, especially flavoured vapes, attract young customers and are a ‘gateway’ to smoking.
The scientific evidence behind that claim is shaky at best. In reality, vaping is an extraordinarily effective tool for helping smokers quit, and carries a tiny fraction of the health risk. Vaping is a help, not a hindrance, on the road to a smoke-free Europe. Even if there were no risk of creating a black market for vapes, it would still be wrong for the EU to crack down on it.
The rise of the illicit vape market is already evident in countries like the UK, where black market sales of vapes and fake cigarettes are skyrocketing. A recent survey shows 11 regions out of 12 have faced an increase in the illicit trade, alongside Scotland and Northern Ireland, which have seen a greater rise than other areas.
In London, the underground market for vapes has surged by 109% since 2020, with most illegal sales occurring in poor neighbourhoods, meaning some of the poorest in British society are at unnecessary risk from unregulated products.
This trend is not unique to the UK. Australia, in particular, has harsh laws around vapes which have paved the way for a booming illicit market, with criminal gangs competing for market share, often violently. Bans do nothing more than divert people to the black market, where products are cheaper and unhealthy for the consumer.
The problem with disposables and flavoured vapes is not the products themselves but the lack of proper enforcement of existing regulations and flaws in public understanding of the issues. The blanket ban is a blunt instrument which does not solve the problem. By removing legal routes for the purchase of these products, policymakers are, in fact, escalating the illegal market where products are often more dangerous due to a lack of safety standards.
A balanced approach which doesn’t impose outright bans but rather focuses on effective regulation should be the way forward. Public education is the other core element of the issue. If governments want to take action on this issue, they should run comprehensive campaigns informing people about the dangers of black market vapes.
Finally, uniting efforts is a major factor in stopping the cross-border trafficking of illegal vaping products. In a globalised world, states must unite to share intelligence and uproot the criminal networks which are responsible for the distribution of illegal vapes.
Europe is at a crossroads when it comes to vaping regulation. While the intention behind these bans may be to protect public health, the reality is they may end up doing the opposite. A more nuanced approach focused on regulation, enforcement, and public education can both protect consumers and prevent the growth of the black market. If Europe truly wants to tackle the issue of vaping, it must take these realities into account.
Lika Kobeshavidze is a Georgian political writer, analytical journalist, and policy fellow with Young Voices Europe, specialising in EU policy and regional security in Europe. She is currently based in Lund, Sweden, pursuing advanced studies in European Studies.