Snapchat hit with Dutch probe over online sale of vapes to minors

The Netherlands’ Authority for Consumers and Markets (ACM) has opened an investigation into social media application Snapchat on suspicion of breaching the EU’s online platform rules for allowing the sale of electronic cigarettes, or vapes, to minors, the authority said in a statement today.

The move follows a complaint filed by Dutch doctors late last month, 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 - the Digital Services Act (DSA).

The doctors, united through the group Stichting Rookpreventie Jeugd (SRPJ), said they had contacted Snap on the issue, asking for improvements to the company’s policy, but that their investigation found that youngsters could easily continue to buy the products.

ACM board member Manon Leijten said in a statement that the information provided gives “sufficient reason to start an investigation into possible violations of the DSA rules by Snapchat."

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 are also prohibited. 

Under the DSA – whose rules aim to combat illegal content and products online – an online platform must take the right measures to sufficiently guarantee the protection of minors. ACM will now investigate whether Snapchat – which has its EU headquarters in Amsterdam – does that. 

The regulator said it is in close contact with the European Commission.

Since the company 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.

In November 2023, the EU executive 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.

Snap said in an earlier statement to Euronews that it “invested immense resources to stop bad actors from abusing our platform and to educate Snapchatters."