Supermarket ordered to pay €1,000 for selling nicotine vape to 16-year-old child

An Inishowen supermarket, which sold a nicotine vape to an underage child, has been given the benefit of the Probation Act for a first offence.

G&S Coscutters, Carndonagh, admitted the offence at Carndonagh District Court and was ordered to pay €1,000 towards the prosecution costs.

Judge Eiteain Cunningham described the breach as very serious.

“This epidemic of vaping is really something that is very serious – and its consequences are unknown for all of our young people,” she warned.

Solicitor Adam Doyle outlined the evidence in the case on behalf of the HSE.

He told the court that a complaint was received on May 22, 2024, that nicotine inhaling products were being sold to persons underage at G&S Costcutters in Carndonagh Shopping Centre.

A site visit was subsequently carried out by an environmental health officer on June 6. They spoke with staff in respect of the complaint, and an information leaflet was left, while staff were advised that the HSE had carried out an inspection.

There was a follow-up visit to the Carndonagh supermarket on July 8, when staff were given a letter informing them that a complaint had been made.

A test purchase was then undertaken four months later, on November 6, 2024, when a nicotine inhaling product was sold to a 16-year-old child contrary to Section 28 of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act.

Mr Doyle said an environmental health officer witnessed a member of staff at G&S Costcutters selling the vape to the child.

The seller did not ask any questions regarding the child’s age, nor did the seller ask the child for identification to prove they were 18 years or over.

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Defending the case, Philip White said he had a director of the company in court. He said the company had an unblemished record prior to this incident.

“This is a company that has been trading for 36 years and has never had any form of prosecution.”

Mr White pointed out that the regulations preventing the sale of tobacco inhaling products to minors had only come into effect in December 2023.

He said staff training had been given in the area, but the member of staff involved had not followed the instructions given.

“A staff review was conducted following the HSE investigation to remind staff of their obligations – and that those now extended to vaping products, as well as cigarettes and alcohol.”

“Unfortunately, in this instance, the member of staff concerned didn’t avail of her training in relation to it, and unfortunately, she subsequently left the employer’s employment.”

Mr White asked Judge Cunningham to keep in mind that his client had to pay a “hefty contribution” of €1,000 towards HSE costs in the matter.

“In such circumstances, I would ask you to bear that in mind when imposing a penalty, noting the defendant’s prior record, and the recent increased regulatory environment that retailers now have to operate in.”

Mr White asked the judge to consider the Probation Act in lieu of a conviction, considering there were no previous convictions.

“They are conscious that they have to provide staff training – and they do do that – but this is one that just slipped through the net,” he said.

Judge Cunningham described the breach as a “very serious matter”.

“I appreciate the responsibilities on retailers, but the whole situation with regard to vaping and young people is a very serious matter.”

“None of us are aware of the health implications for these young people, so it is something that this court certainly does not condone.”

However, she did agree to apply the Probation Act.

“I do accept that your client has no previous convictions and I accept that there was training in place for the particular staff member – and a review was conducted, and that staff member is no longer working there.”

“On that basis, I am on this occasion going to apply the Probation and Offenders Act, on the basis that the cost of €1,000 is paid directly to the Health Service Executive.”

Judge Cunningham warned Mr White that her ruling is a one-off, though.

“Should your client come back before this court, they will not be afforded an opportunity the next time.

“This epidemic of vaping is really something that is very serious – and its consequences are unknown for all of our young people,” the judge stressed once again.