European ban on cigarette filters more promising than national measure
Research image: Pawel Czerwinski via Unsplash
Plastic cigarette filters are a major source of litter and microplastics pollution. Legal experts from Leiden University, commissioned by a Dutch ministry, examined policy options to reduce this pollution and whether a national ban is legally feasible.
The legal analysis, carried out by Stefaan Van den Bogaert, Vincent Delhomme, and Emma de Vries (European law), focuses on whether a Dutch ban on cigarette filters would be compatible with EU law. The researchers distinguish between filters that are part of a cigarette and separate filters used for roll-your-own cigarettes, as these products are governed by different European regulations.
‘Every year, billions of cigarette butts end up in the environment. The question is no longer whether cigarette filters are a problem, but how quickly we are prepared to act.’
Weinig ruimte voor een nationaal verbod
According to the researchers, the European Tobacco Products Directive (TPD) leaves little room for an independent Dutch ban. Although environmental protection could serve as a legal justification, they question the effectiveness and proportionality of a national prohibition. They point out that consumers could easily purchase cigarettes abroad or turn to the illegal market, reducing the intended impact of such a measure.
Significant environmental benefits possible
At the same time, the researchers argue that banning plastic cigarette filters could deliver substantial environmental benefits and might also contribute to a reduction in smoking rates. They suggest that the legal basis for a future ban could be strengthened through additional research into the public health benefits of a filter ban, as well as its effects on consumer behaviour and cross-border trade.
‘A national ban would face significant legal and practical challenges. An EU-wide ban would be more effective, reduce opportunities for cross-border purchasing, and maximise the environmental benefits’
Call for a European approach
The researchers therefore advise the Dutch government to focus primarily on action at the European level. In their view, a European-wide ban would be more legally defensible, reduce the risk of illegal trade, and prevent consumers from simply purchasing cigarettes across the border.
According to the researchers, the upcoming revision of the Tobacco Products Directive (TPD) and the Single-Use Plastics Directive (SUPD) would be an opportune moment to put a European ban on cigarette filters on the policy agenda. They also note that the World Health Organization (WHO) supports a ban on cigarette filters.