So the tobacco industry can just keep on cheating?
26 April 2026
In the enforcement case involving the rigged cigarette, the European Court of Justice ruled on 21 April 2026 that Youth Smoking Prevention is not in the position to require a change in the measurement method for toxins in tobacco smoke. It is now up to the European Commission to put an end to the cheating once and for all.
By the web editors
The European Court of Justice states that Youth Smoking Prevention (YSP) cannot enforce a different method of measuring the tar, nicotine and carbon monoxide (TNCO) content of cigarette smoke. The existing ISO method can therefore be maintained for the time being, even though it is certain that cigarettes emit an average of two to three times as much TNCO in actual use. That is essentially what the Court of Justice determined yesterday in its judgment in the case of the fraudulent cigarette, which has been dragging on for years.
YSP had access to ISO standards
The Court of Appeal based its conclusion on the fact that Youth Smoking Prevention, which started this case in 2018 with an enforcement request to the Netherlands Food and Consumer Product Safety Authority (NVWA), had access to the ISO standards. In short, the proceedings ultimately revolved around the question of whether those standards, which describe the methodology for measuring TNCO, have legal force because they have never been published in full in the Official Journal of the European Union.
Once accessed, one is bound to the norms
Tobacco manufacturers are in any case bound by these standards included in the European Tobacco Products Directive (TPD). The Court now decided that private individuals and organizations such as Youth Smoking Prevention who did have access to the standards – they can be viewed in the library of the NEN-ISO organization – cannot demand that a different measurement method be used on the grounds that those ISO standards have never been published in the Official Journal. Youth Smoking Prevention did consult the standards in the context of the case. The ruling might mean that others who didn’t see the standards could have more success in requesting a review of the standards.
‘Incomprehensible and unjust’
Wanda de Kanter, chair of Youth Smoking Prevention, calls this conclusion ‘incomprehensible and unjust’ in an initial reaction. “The cheating can therefore continue, while everyone can see that all filter cigarettes are therefore both more addictive and more harmful to health than the European regulations allow.”
In tests smoke is diluted
The enforcement case has ensured that the National Institute for Public Health and the Environment (RIVM) has twice established that the ISO measurement method grossly underestimates what the smoker actually inhales in terms of tar, nicotine and carbon monoxide. The TPD states that those levels may be a maximum of 10, 1 and 10 mg per cigarette respectively. However, cigarette filters contain small holes, through which air is sucked in in laboratory tests that dilute the smoke. Smokers close those holes between their fingers and lips. In tests where those holes are taped (and the number and volume of the puffs also corresponds more closely to actual smoking behaviour), the measured TNCO values are much higher.
The ball is in the European Commission’s court
The case now returns to the Dutch Trade and Industry Appeals Tribunal, which must make a final judgment. The chance that this deviates greatly from the judgment of the European Court does not seem very high.
The only way to turn around the cheating with cigarette emissions therefore seems to be an adjustment of European regulations. In fact, that was already the assignment to the European Commission from the Vice-President of the European Court during the hearing of the case on March 10, 2025 in Luxembourg. The Vice-President saw in the earlier judgment of the Court of Appeal in this case (22-02-2022), then in response to preliminary questions from the Rotterdam District Court, a clear call to the European Commission to resolve a contradiction in European legislation. He stated that it would actually be ‘scandalous’ if the European Court had to resolve that contradiction.
New method must be part of TPD revision
The enforcement case has clearly put this contradiction on the map. Since the NVWA and also the Ministry of Health, Welfare and Sport agree in principle with Youth Smoking Prevention that the current prescribed measurement method is inadequate, it is to be expected that Minister Hermans (VWS, VVD) will now make a case in Brussels for adjustment of the measurement methods in the upcoming revision of the TPD.
More details on this case can be found in the Lawsuits section.
Rookpreventie Jeugd is registered as a Public Benefit Organisation.