TPD in Belgium
The European Union’s Tobacco Products Directive (TPD) was transposed into Belgian law by the Royal Decree of 28th October 2016 (L’arrêté royal du 28 October 2016 relatif à la fabrication et à la mise dans le commerce des cigarettes électroniques), which came into effect on 17th January 2017. The decree effectively makes nicotine-containing e-cigarettes and liquids consumer products, ending the classification of e-cigs as medical devices. However, the new product-specific regulation includes severe restrictions on retail, including a ban on online sales, as well as product, packaging, labelling and advertising restrictions.
Electronic cigarettes are defined by the decree as a product, or any component thereof, including cartridges, tanks and the device without cartridge or tank, which can be used by means of a mouthpiece to consume nicotine-containing vapour. They may be disposable or rechargeable by means of a refill bottle and a tank or by means of disposable cartridges.
The implementation of the law opened the market and the Belgian e-cigarette market grew.