The trade in illegal flavoured vapes online and in shops is flourishing despite hefty fines, an investigation by RTL Nieuws has shown.

Flavoured vapes, which are particularly popular among teens, have been banned since January 1, 2024.

Almost half of the inspections (43%) carried out in the last four years resulted in a fine or a warning, figures requested by RTL from food and consumer safety authority NVWA showed.

In total, some 1,300 outlets amassed 2,400 fines for infringements ranging from illegal vapes to selling to children under 18 and displaying the vapes.

At least 244 outlets, including supermarkets, petrol stations, and tobacco shops, continued to sell illegal vapes despite several fines. One of the shopkeepers, fined for the 14th time, told inspectors it was “worth it” even though the fines can run up to €22,500 and destruction of the illegal vapes is billed to the seller.

“The system is just not working properly. They are clearly not impressed by the amounts they have to pay,” professor of administrative law Herman Bröring told RTL.

One way of tackling recidivist sellers is to take them to court, he said. “Seeing that the health of youngsters is at stake, prosecution would be more effective. It would also leave the person with a criminal record,” he said.

A new investigation into the use of vapes by addiction institute Trimbos published on Wednesday shows that teens “know full well” that flavoured vapes are illegal, researcher Esther Croes said.

“They still buy them. What we need is a systemic approach which involves strict rules and policing, parents and the moral awareness in illegal sellers that they are touting a toxic product that make people ill,” she said.

The NVWA is also looking at more extreme steps to tackle multiple offenders. “If fines don’t do the trick we may have to turn to criminal law. We are in talks with the public prosecution office about this,” NVWA spokesman Pieter Rijswijk said.

However, the prosecution office said in a reaction it would not be taking up the cases in the short term and that policing the ban is up to the NVWA.