Joe Dunne, Founder, Hale Vaping
Irish Legislative Developments
Health Minister Stephen Donnelly has announced Cabinet approval to commence drafting new legislation that proposes introducing the most draconian regulation of vaping anywhere in the developed world by:
- Prohibiting the import, manufacture, and sale of single-use or disposable vapes.
- Limiting the approximately 15,000 available vaping flavours to just one: tobacco flavour.
Prohibiting point-of-sale display and advertising in shops other than those that only or primarily sell these products.- Prohibiting all flavour descriptors and language other than basic flavour names.
- Restricting colours and imagery on packaging and devices, as well as banning devices resembling or functioning as other products, such as toys or games.
This is despite the fact that the most recent Public Health Bill pertaining to vaping, which outlaws sales to under 18s, has only been in place for nine months. The accompanying licensing regime has yet to be implemented, and there is little to no enforcement.
The Health Minister conducted a public consultation on the further regulation of tobacco and nicotine-inhaling products at the end of last year. The proposed measures bear no relation to the public consultation results:
Bad Legislation = Worse Outcomes
To illustrate how draconian Mr. Donnelly’s proposed measures are: today, 5% of vaping sales are tobacco flavour. The overwhelming majority of smokers attempting to quit are trying to avoid the taste of tobacco. Why else would Nicorette not have any tobacco flavour? Therefore, these proposed measures are tantamount to an entire prohibition of the vaping sector. It seems perverse to deny access to vaping products that are helping hundreds of thousands of adult smokers quit and stay off cigarettes. The consequences will be catastrophic.
It’s also irrational to suggest that an effective prohibition of the entire category is necessary to protect children. That is proven not to be the case with other sectors such as alcohol or gambling, where pragmatic regulation, effective enforcement measures, and appropriate penalties ensure adults can make responsible choices while ensuring children are protected.
Moreover, prohibition won’t work – in fact, it will make youth access much easier. This is clearly evident in the USA and Australia, where excessively restricted access to vaping is resulting in over 90% of sales occurring on the illegal market.
Facts Matter
The Taoiseach this week repeated the often-said phrase that vaping is “Big Tobacco’s revenge.” This is categorically untrue. Claims that the vaping sector in Ireland is owned or controlled by tobacco interests are false. Well over 90% of the Irish market selling and distributing vaping products are independent Irish companies that have no connection whatsoever to Big Tobacco. Globally, Big Tobacco controls less than 15% of the vaping market.
Instead, vaping has been the single biggest threat to Big Tobacco and their profits in decades.
Big Tobacco will be relieved and delighted with Minister Donnelly and the course of action he is proposing. Remarkably, a Health Minister is proposing to remove the healthier choice of nearly 400,000 vapers that have successfully quit or reduced their smoking, lining the pockets of Big Tobacco in the process.
Sales of Vapes Should be Regulated
The sale of vaping products should be regulated, and children should be protected. We passionately advocate for more, not less, regulation along the following lines:
- Vaping products should only be sold from premises that are familiar with age verification and that are already specialist vape shops or are selling products such as alcohol and tobacco.
- The new licensing system for retail outlets selling vaping products must be introduced quickly.
- Packaging should be restricted so that it is not overtly child-friendly.
- Vapes should be restricted to being sold behind manned counters.
- Disposable vapes should be subject to a deposit and return scheme.
