By Timothy S. Donahue

Top Takeaways:

• Court reversal: Constitutional ruling ends ban on supermarket tobacco sales
• Policy shift: Government opts not to replace the overturned restriction
• Retail impact: The decision draws mixed responses from competing channels

Belgium will allow supermarkets to resume tobacco sales starting Jan. 1, 2027, after the government decided not to replace a ban struck down by the country’s top court.

The decision follows a ruling by the Constitutional Court of Belgium, which found that the existing restriction—prohibiting tobacco sales in shops larger than 400 square meters—violated the principle of equal treatment by allowing smaller retailers to continue selling the same products.

The court found the distinction between large and small outlets unjustified and gave the government until 2027 to revise the law.

Health Minister Frank Vandenbroucke has since confirmed that no replacement measure will be introduced, effectively restoring supermarket tobacco sales when the current framework expires.

The original restriction, introduced in April 2025, barred supermarkets from selling cigarettes, cigars, and rolling tobacco while allowing smaller outlets, such as newsstands and convenience stores, to continue—provided the products were kept out of sight, media reports.

Under the revised approach, display restrictions will remain in place across all retail formats, so tobacco products must still be kept out of view at the point of sale.

Retail groups welcomed the shift. Buurtsuper.be, which represents independent supermarket operators, said the previous rules created an uneven playing field, arguing that larger stores were unfairly excluded from a legal category still open to competitors.

However, newsagents and smaller retailers—who had benefited from reduced competition during the ban—criticized the move, warning that it could reverse gains made during the restriction period.

Some view the policy change as a setback for Belgium’s broader tobacco control strategy, which has focused on limiting product visibility and reducing access points. At the same time, the government continues to advance other regulatory measures targeting nicotine products.

Belgium has already approved a ban on flavored e-cigarettes, set to take effect in 2028, as part of a broader effort to reduce youth uptake.