Bénédicte Ficq & Lieske de Vos: vapen?

Two top lawyers visit the FlexBieb to talk about their fight against the tempting but so dangerous vape or e-cigarette: Bénédicte Ficq and Lieske de Vos. The bad practices of the vape industry are discussed, the risks of vaping and possibilities to hold manufacturers (and possibly governments) accountable.

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Smoking (with tobacco or vape liquid) is no longer permitted almost anywhere in the Netherlands in the catering industry, in public and other transport and in the majority of business and other buildings and in many other places. The tobacco and vape industries are doing everything they can to sell as many products as possible. Children and young people in particular are tempted by attractive vape products: a huge range of colors, shapes, flavors and other pleasure ingredients (sugar, nicotine, THC, etc.) are launched at them. There is almost no escape, especially for children, who are known to be very sensitive to hype and who like to copy the behavior of their peers. Within a few days, young people can become addicted, with all the consequences that entails: collapsed lungs, pneumonia, COPD and more, even falling into a coma or, in the worst case, death. A vape or e-cigarette is therefore certainly not a suitable product for quitting smoking, as it is often presented. In fact, it encourages people, young or older, to start smoking.

What now, smoke-free generations?

Especially in an extremely child-rich neighborhood like IJburg, it is important to properly inform parents, children, teachers and others about the dangers of vapes.

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Bénédicte Ficq is a lawyer. active in areas such as criminal law and nature and climate. On LinkedIn she wrote: 'The tobacco industry, one of the most unscrupulous addiction industries ever. Vaping is now framed as a way to get rid of traditional smoking, while the opposite is the case.' Their question: whether she saw possibilities for criminal prosecution of tobacco manufacturers who sell their products in the Netherlands. In addition, no one forces the smoker to smoke, he chooses to do so himself.' Nevertheless, she decided to join this battle. This is based on two arguments:

1. Fake measurement
Tobacco and vape manufacturers circumvent the relevant laws and regulations by placing non-measurable products on the market, while the law prescribes that there may be a maximum amount of poison in cigarettes - electronic or otherwise. This fraud has been taking place for decades and is not seen as fraud by governments, the fake measurement is simply accepted.

2. Addictive additives
Addictive, cough suppressants and… substances are added to an (e-)cigarette that overrides free will.

* https://www.taba knee.nl/nieuws/item/2022-tabak-of-gezondheid-benedicte-ficq-over-the-dutch-case


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Lawyer Lieske de Vos specializes in personal injury and mass damage. She assists both individual and large groups of victims who are affected by harmful behavior, for example due to health damage caused by large polluting factories. Through so-called collective actions, she is committed to holding parties causing damage to account, stopping unlawful actions and obtaining compensation for the damage suffered by her clients. She is also investigating the possibilities of holding manufacturers (and the government) liable for the consequences of vaping. She recently wrote a blog about this:

https ://www.beer advocaten.nl/nl/Nieuws/Beer-blogt/article/1199/Vapen-de-verleidelijke-sluipmurder-in-een-kleurrijk-jasje-

'A seductive assassin in a colorful jacket'. That's what Lieske de Vos calls the cigarette-like device that more and more children are becoming addicted to: the vape, also known as an e-cigarette. As a personal injury expert, she is committed to 'adequate government supervision and effective enforcement.' In her weblog she continues:

'It is the government's duty to protect public health, and in particular that of young people [...].

The recent revelations by RTL Nieuws about the serious consequences of vaping are shocking. The report that five young people narrowly escaped death due to vape use [...] is alarming. And unfortunately, these don't appear to be isolated incidents. Doctors are raising the alarm over a worrying increase in serious lung conditions such as collapsed lungs, pneumonia, irreversibly damaged alveoli and even the early development of COPD in young users as a result of vaping.

As a lawyer and citizen, I wonder: how is it possible that products that are so obviously harmful, and whose design and flavors are made so attractive to young people, can circulate so freely on our market? Can placing such a harmful product on the market in this way be considered lawful?'


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