Dutch doctors file complaint against Snapchat over sale of illegal vapes

Dutch doctors have filed a regulatory complaint against media company Snap, which owns messaging application Snapchat, for failure to take measures to ban the sale of illegal electronic cigarettes, or vapes, which they claim is in breach of the EU’s online platform rules.

A spokesperson for ACM - Authority for Consumers and Markets (ACM), which is in charge of overseeing online platforms’ compliance with the Digital Services (DSA) in the Netherlands - confirmed that the regulator received the complaint.

"At this stage, we cannot comment on any further steps we may take; we will first review the enforcement request," the spokesperson said.

If the ACM takes up the case, it will have to refer the case to the European Commission.

Since Snap is considered one of the 25 Very Large Online Platforms (VLOP) under the DSA – those with more than 45 million monthly average users in Europe – the Commission is in charge of enforcement.

Snap, which was founded in 2011, has its EU headquarters in Amsterdam.

The doctors, united through the group Stichting Rookpreventie Jeugd (SRPJ), claim that young users of Snapchat can still buy illegal nicotine products, despite promises from the platform to stop the sale of vapes.

They say they have been in touch with Snap regarding the issue, asking for improvements to the company’s policy, but that their investigation found that youngsters could easily continue to buy the products.

A spokesperson for Snap told Euronews that "We share their commitment to helping keep young people safe, and we have invested immense resources to stop bad actors from abusing our platform and to educate Snapchatters."

"Unfortunately, there is no single safety feature or policy that can eliminate every threat online or in the world around us. This is why we continuously adapt our strategies as bad actors change their tactics, and actively work with trusted third parties to improve our systems," the spokesperson added.

Under the DSA, which became applicable to the biggest platforms in 2023, all online platforms are obliged to detect, flag and remove illegal content.

The Netherlands introduced a ban on the sale of flavoured vapes – often marked as a safer alternative to traditional cigarettes - in January 2024, and sales to minors is also prohibited. According to figures of the Dutch Health Ministry, 25% of 12 to 16-year-olds in the country have used electronic cigarettes.   

In November 2023, the Commission sent formal requests for information under the DSA to Snap on the protection of minors, as well as on the design of their recommender systems. A Commission spokesperson could previously only confirm that Snapchat has replied to the questions.