Restrictions on the sale and marketing of tobacco products will be extended to vapes as part of legislation to be introduced by Minister for Health Jennifer Carroll MacNeill.

The Public Health (Nicotine Inhaling Products) Bill will require shops to hide vapes in the same way as they do for tobacco so that they are out of sight in shops where children may be present.

The bill will also introduce an advertising ban in all retail premises where nicotine inhaling products are sold.

Since 2016, the regulation of vaping products in Ireland has been in line with the European Tobacco Products Directive. This requires that vapes:

• Feature a packaging warning about nicotine addiction
• Contain nicotine strength of no more than 20mg/ml and tank capacity of no more than 2ml
• Are only available in child-resistant packaging
• Are subject to certain restrictions on advertisement and promotion.

In December 2023, regulations for Ireland came into effect with the enactment of the Public Health Act 2023. The Act made it illegal to sell vapes to anyone under the age of 18, but also includes additional measures including:

• A new licensing system for retailers selling vaping products (under development).
• Banning the sale of e-cigarettes from self-service vending machines (introduced March 2024).
• A prohibition on certain types of advertising including near schools, on public transport and in cinemas showing children’s films.

In May of this year the Irish Heart Foundation said there should be no delay in making the ban of single-use vapes an all-island one. This was following the ban on single-use vapes face in Northern Ireland and the UK on June 1^st.

The new bill will prohibit the sale of single-use vapes, “as these are disproportionately used by young people, not to mention the environmental impacts associated with them” said Minister of State with responsibility for Local Government and Planning John Cummins.

The legislation will also ban devices which resemble toys or games, and will “significantly restrict the flavours available for sale and ensure that only basic flavour names are used”.

Mr Cummins said that the Public Health Act of 2023 brought in a minimum age of sale of 18 for nicotine inhaling products, and will introduce a licensing system for the retail sale of tobacco and nicotine inhaling products.

He said currently there is a one-off registration system for tobacco but no registration system for the sale of nicotine inhaling products such as vapes. The minister said this had led to vapes being sold in the likes of sweet shops, butchers, phone repair shots and fast-food takeaways.

From February 2026 retailers will have to apply annually for a licence, including a declaration that they comply with all relevant law in this area.

There will be increased penalties for retailers who commit offences, including minimum licence suspension periods and revocation of the licence entirely for retailers who commit two or more serious offences, such as selling to a minor.

 

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.