Minister for Health bans the sale of nicotine inhaling products to children with immediate effect

Minister for Health, Stephen Donnelly, today commenced section 28 of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act to prohibit the sale of nicotine inhaling products such as e-cigarettes (commonly referred to as vapes) to persons under 18.

The new law comes into effect from tomorrow, Friday 22 December 2023.

It is an offence to sell a nicotine inhaling product to a child. The offence carries a penalty of a fine of up to €4,000 and / up to a six-month term of imprisonment.

Minister Donnelly, said:

“I committed to bringing this ban on the sale of vaping products to under 18s into law before Christmas and I am pleased that I have been able to do that by signing the commencement order. I thank colleagues in both Houses of the Oireachtas who understood the urgency for our children and who supported me to get this law enacted quickly.

“I’d also like to thank officials in my department and the Attorney Generals office for working to get the statutory instrument complete so that we can introduce this ban from tomorrow.

“In 2024 I will commence the remaining measures in the Act (such as around advertising, a licensing system and vending machines) and we will examine the results of our public consultation on the further regulation of e-cigarettes and on some innovative proposals in tobacco control. “

Minister for Public Health, Wellbeing and the National Drugs Strategy, Hildegarde Naughton said:

“Today’s commencement is a good beginning. I look forward to the results of our public consultation on the options for the further regulation of nicotine inhaling products, particularly around flavourings and packaging. The protection of children is at the centre of our national tobacco control policy, Tobacco Free Ireland, and I welcome this major step forward in that direction. 

We know that young people who vape are more likely to go on to smoke, so it is important that they are not drawn to these products.”

ENDS

Notes to Editor:

The Public Health (Tobacco Products and Nicotine Inhaling Products) Bill contains wide-ranging measures to tackle smoking and vaping among children and adults. These measures focus on preventing young people from beginning to smoke or vape to protect their health.

Along with prohibiting the sale of nicotine inhaling products to under 18s, the remaining measures of the Bill will:

• Prohibit the sale of tobacco products and nicotine inhaling products at events for children;
• Prohibit the self-service sale of tobacco products and nicotine inhaling products;
• Introduce a strict licensing system for the retail sale of tobacco products and nicotine inhaling products;
• Prohibit the advertising of nicotine inhaling products around schools and on public transport;
• Provide additional enforcement powers to the Environmental Health Service for measures in the Bill and for all previous Tobacco Control Acts.

On 25 November 2023, Minister for Health, Stephen Donnelly, and Minister for Public Health, Wellbeing and the National Drug Strategy, Hildegarde Naughton, launched a public consultation to help inform future regulation of tobacco and nicotine inhaling products such as e-cigarettes or ‘vapes’.

This consultation looks at what further measures could be introduced to decrease the appeal of nicotine inhaling products to young people, further denormalise smoking, and improve public health. The areas where views are being sought include:

• The display of nicotine inhaling products in shops;
• Nicotine inhaling product flavours;
• The appearance of nicotine inhaling products and their packaging;
• Proxy sales of tobacco and nicotine inhaling products;
• Smoking in outdoor dining areas;
• Extending smoke-free restrictions to vaping;
• Increasing the age of sale for tobacco products;
• Taxation of vaping liquids.

The consultation is currently open and will close on Friday 5 January 2024. For more information on the consultation and to make a submission, click here.