Stephen Donnelly, the Irish Minister for Health, and Frank Feighan, the Minister for Public Health, have recently been approved by the Irish government to implement additional restrictions on the sale and advertising of nicotine inhalation products, including electronic cigarettes.
Vincent Jennings, CEO of the Convenience Stores and Newsagents Association (CSNA), and a spokesman for the Irish electronic cigarette industry, discussed the potential effects of new regulations.
Under a new proposal, Ireland is set to prohibit the sale of electronic cigarettes and related nicotine inhalation products in vending machines, temporary venues, mobile locations, as well as in areas where children are present or events are held. Additionally, advertising of e-cigarettes will be prohibited in or near public transport, movie theaters, and schools.
These proposals will be incorporated into the current drafting of the Irish Public Health (Tobacco and Nicotine Inhaling Products) Bill.
The bill is expected to be finalized and released by the end of this year, and will be presented to the Irish parliament in early 2023.
The legislation aims to regulate nicotine e-cigarettes products intended for consumption.
The legislation has banned the sale of nicotine e-cigarettes to individuals under 18 years old and introduced a retail licensing system for tobacco and nicotine inhalation products.
Other measures included in the bill are: a ban on the sale of tobacco and nicotine inhalation products to those under the age of 18; the introduction of a minimum suspension period for convicted retailers; and fixed penalty notices for criminal offenses.
Minister Donnelly stated that these measures aim to protect our children and young people from using e-cigarettes. "We recognize that nicotine is a highly addictive drug, and today we are taking action to make it more difficult for our young people to access these products and remove advertisements of these products from our children's daily lives.
Frank Feighan, the Minister of State for Public Health, Wellbeing and National Drugs Strategy, has welcomed the government's approval of measures aimed at regulating the use of e-cigarettes in Ireland. He has stated that smoking leads to approximately 4,500 deaths in Ireland every year and that while some adult smokers use e-cigarettes to quit smoking, these products do not have any benefits for children, young people, or non-smokers. This is the reason why the government has taken action.
Minister Donnelly expressed his concern to RTÉ last month before the cabinet meeting about the widespread sale of electronic cigarettes to children. He stated that he looks forward to seeing progress on the bill early next year.
Avoid excessive regulation.
Vincent Jennings, CEO of the Convenience Store and Newsagents Association (CSNA), has stated that electronic cigarettes are not a major revenue generator for CSNA member stores, but they have become a growing sector in recent years. According to Jennings, "Our members have reported slow but steady growth, and they have also reported that customers have been purchasing electronic cigarette products to help reduce tobacco consumption, which was the original intent of these products.
He also pointed out that regulation of electronic cigarette product sales in the country began with the Tobacco Control Act. He said, "Over the past 10 years, the Ministry of Health has been powerless on this issue, which is why it has now become a big problem.
There are currently unregulated vaping products in the market, and it is important that regulations are introduced without going overboard. This is to ensure that only qualified electronic cigarette products are sold, limited to certain regulated environments and not intended for underage consumers.
Furthermore, CSNA will comply with reasonable regulations on e-cigarette products. We believe that there is no need for the government to regulate the supply of flavors. In terms of nicotine replacement gum, people have already made their choice, and age restrictions should be placed on those who purchase these products.
Proxy purchasing
CSNA is more concerned with the issue of proxy purchasing. He said, "In England, Northern Ireland, and Scotland, there are regulations that categorize providing tobacco products to other minors as a criminal offense.
My understanding is that many young people receive their tobacco and e-cigarette products from older individuals. Therefore, we need to establish clear rules regarding these products and make it a criminal offense to supply them to young people.
We are concerned that the bill may include these prohibitions not within the overall plan, but we hope that if not yet revised, it can be revised.
Teen Smoking
According to the World Health Organization, there are 16,000 different flavors of e-cigarettes, such as bubble gum and gummy bears. People are concerned that it serves as a gateway to smoking. However, a review by the Health Research Committee found that children who use e-cigarettes are only one-fifth as likely to continue smoking.
Chris Macey, the spokesperson for the Irish Heart Foundation (IHF), expressed concern last month in an interview with the Irish Independent that despite a decrease in smoking rates from 41% to 13%, there is now a serious risk due to the government's failure to take stronger measures against youth vaping.
He said, "The latest statistics show that 39% of children aged 15 to 16 have used e-cigarettes, with 15.5% being regular users. However, this number may be much higher, especially among teenagers and young people, following a surge in the use of disposable e-cigarettes. In the UK, the number of people using disposable e-cigarettes increased from less than 1% to 56% last year.
The latest data from the 2021 Healthy Ireland survey does not support the claim that smoking rates among young people in Ireland are increasing. Among the smokers surveyed, 99% (aged 15 and under) were former smokers.
The Health Research Committee's review also found that electronic cigarettes are not harmless, but may mean a reduction in smoking-related harm. They are equally effective as nicotine replacement therapy and can aid smoking cessation for up to six months.
The Minister of Health also commented on the new legislation, stating, "We recognize that some adult smokers use nicotine inhalation products to help them quit smoking.
Plain packaging, disposable products, taxes, and advertising.
The Irish Heart Foundation believes that the restrictions approved on November 22 are not deep enough and is calling for a series of new measures, including the introduction of plain packaging for electronic cigarettes, a ban on disposable e-cigarettes, tax increases to make e-cigarettes unaffordable for children, regulations that prohibit any form of promotion or advertising of e-cigarettes, and raising the legal age for the sale of both tobacco and e-cigarettes to 21.
A spokesperson for VBI stated that their members are committed to following the "Code of Conduct" and only creating content and using imagery that is appropriate for individuals over the age of 18. This includes packaging design and advertising visuals.
We must balance the suboptimal packaging with the fact that the products contained within aid adult smokers in transitioning to less harmful electronic cigarette alternatives. We strongly emphasize that any measures introduced to require plain packaging have the potential to assist smokers in quitting.
VBI will respond to the negotiations and is willing to fully engage with the government regarding this issue.
Calls to increase taxes on electronic cigarettes need to incentivize smokers to quit. E-cigarettes are cost-effective and much cheaper than buying a pack of cigarettes. According to HSE, nearly one-quarter (79%) of smokers want to quit. Increasing taxes on electronic cigarette products will only serve as a deterrent.
Regarding advertising, electronic cigarette products are already constrained by the regulations of the EU Tobacco Products Directive. All products sold in Ireland must comply with the provisions outlined in the 2016 EU Tobacco and Related Products Manufacturing, Presentation and Sale Regulations.
In addition, the VBI's code of conduct requires members not to advertise products specifically aimed at young people, or attempt to replicate or tap into youth culture.
VBI also recognizes the importance of educating adult smokers about the availability of electronic cigarette products and their potential harm reduction benefits. Therefore, smoking cessation advertisements are necessary.
What is CSNA's perspective on the potential introduction of these additional measures? Vincent Jennings says, "When it comes to extra taxes or special measures, if they were to happen, it would happen on a European level. My understanding is that the European Commission has considered, after careful consideration, imposing a consumption tax on e-cigarette products in the next few years.
However, if you impose an absolute ban on the sale of products and secondary sales to children, and classify it as a criminal offense, that should suffice.
Concerning plain packaging, this will pose significant difficulties for smaller producers who may not be able to comply with legislation restricted to Ireland only, and as such, it will act as a barrier for these suppliers to enter the market. If these suppliers are unable to achieve sufficient sales in Ireland to make it worth their while, then you are providing convenience for larger suppliers.
Age limit to be raised to 21 years old.
Jennings believes that raising the legal age for purchasing tobacco and e-cigarettes to 21 will have a negative impact on retailers.
He said, "We are nervous about increasing the age for the sale of tobacco and e-cigarette products from 18 to 21 years old because once you implement this restriction, you will also have to soon apply age restrictions to the people selling these products.
This poses a real problem for convenience stores and other retailers, as it could potentially shut down a source of labor that is already stretched thin and under pressure. CSNA is also concerned that if individuals in the 18 to 21 age group who are addicted to the product are told they can no longer have it, it could lead to confrontation between customers and store employees.
Therefore, if this measure is to be taken, it would require a lengthy preparation time. However, our preference is to maintain the age at 18 for both maintaining public order and ensuring employees providing services in the retail industry.
Since 2016, VBI has been advocating for a ban on the sale of electronic cigarette products to those under the age of 18. A spokesperson for VBI stated, "From the outset, our organization has made it clear that electronic cigarette products should only be accessed by adult former smokers.
Our members adhere to strict codes of conduct, which outline the same rules. Given our advocacy efforts, VBI is pleased that the government has agreed to the proposed ban on the sale of electronic cigarette products to children under 18 as outlined in the Public Health (Tobacco and Nicotine Inhaling Products) Bill.
It is crucial that every adult seeking to quit smoking has the opportunity to switch to less harmful alternatives, and is not prevented from doing so. In the UK, the recent independent review of tobacco policy "Towards a Smoke-Free Generation" recommends annual increases, while the legal age for e-cigarettes remains at 18.
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