Black Market Booms, Youth Vaping Rises, Smoking Increases

Published: May 2026

When the Netherlands banned flavored vapor products in 2024, policymakers claimed the move was necessary to prevent a so-called “youth gateway effect.”

Instead, the exact opposite appears to have happened.

According to new data highlighted by Prohibition Does Not Work (PDNW), the Dutch flavor ban has fueled illicit sales, increased youth vaping, and may even be pushing people back toward smoking combustible cigarettes.

Rather than eliminating demand, the policy simply pushed consumers away from regulated products and into underground markets.

“The Dutch experience is a textbook example of policy backfiring.”
— Tim Andrews, Founder of Prohibition Does Not Work


This week, something pretty significant went down in the ongoing fight over vaping regulation in the United States. The U.S. Court of Appeals for the Fifth Circuit heard arguments in a consolidated case involving seven independent vape companies challenging the FDA’s widespread denial of flavored e-liquid applications.

If you’ve been following the PMTA mess at all, this is one of those cases that could have real ripple effects across the entire industry.