Belgian tobacco ban for large stores “unconstitutional”

The Belgian Constitutional Court has called the ban on tobacco sales in large grocery stores “discriminatory.” A new regulation must be in place by the end of 2026, but for now, the ban remains in force.

Distortion of competition

The Court considers the distinction between supermarkets larger than 400 sqm and smaller stores to be “unreasonably justified” and therefore contrary to the Constitution. “The size of a food store is not related to the health risks of tobacco products”, the ruling states. Moreover, “it has not been demonstrated that these food stores would attract a different audience that is less susceptible to these health risks.”