Cautious welcome in Donegal to proposed new legislation on vaping products for under 18s

There has been a cautious welcome to the latest plans to legislate against the sale of vape products to people under 18.

Minister for Health Simon Harris has received approval from the government to draft a Public Health (Tobacco and Nicotine Inhaling Products) Bill.

If passed, the proposed legislation would prohibit the sale of nicotine inhaling products to people under the age of 18. It would also prohibit the sale of tobacco products and nicotine inhaling products by people under 18.

This goes some way to address the issues surrounding vaping amongst young people as highlighted in the Donegal Post in recent months.

But does the legislation go far enough?

One of the main concerns raised by parents of vaping teenagers in Donegal was that the flavours strongly suggested marketing towards young people.

Flavours such as bubble gum, mint chocolate milkshake and tutti frutti would certainly back up this claim.

The products are supposed to be an aid to help people to stop smoking. But there is a worrying trend in young people who take up vaping, then become addicted to nicotine and end up as smokers, i.e. the complete opposite of the intended effect of e-cigarettes or vape products.

This new pattern of nicotine addiction in young people was also highlighted recently on RTE 1’s Claire Byrne Show, in which a Donegal Democrat journalist was asked to take part. 

A number of young people spoke candidly on the matter. One Sixth Year student spoke of the peer pressure to vape, and how the ‘hit’ then wasn’t enough and teens went on to become smokers.

Young people have also said that they obtain vape products by buying them from other students who are often - but not necessarily - older.

There are also reports locally of a worrying level of theft of vape products from shops where they are in an accessible display rather than behind a counter.

The proposed new legislation is certainly a significant step towards tackling the problem.

But it does not appear to address the issue of targeted marketing. And this is by no means the first attempt to legislate for vaping.

As far back as January 2014 it was announced that health minister at the time, Dr James Reilly planned to ban the sale of vape products to minors.

He recognised that e-cigarettes contained nicotine which he described as a highly addictive and dangerous drug.

It was later announced that legislation banning the sale of e-cigarettes to under 18s would be enacted by 2016. This never happened, though it must be acknowledged that there is a degree of self-regulation within the e-cigarette industry regarding sale to minors.

Minister Harris’s proposed legislation would seem to go back to the drawing board. This could be a good thing if lessons have been learned as to what obstacles prevented previously proposed legislation from being enacted. 

The minister’s new bill will also go a long way to making it more difficult for under 18s to obtain traditional tobacco products such as cigarettes.

He said: “I am pleased to be bringing forward this important piece of legislation which will help us achieve a tobacco free Ireland, where our children can grow up without harm from tobacco.

“Tobacco costs the Irish exchequer a total of €10.6 billion every year and 6,000 deaths a year are caused by smoking.

“I am determined to continue to make the necessary legislative changes to confront this challenge and help reach our goal of being tobacco free."

The Department of Health say that the measures in relation to nicotine inhaling products recognise that these products are not ordinary consumer goods. They are products that contain a highly addictive substance which should not be available to children.

“As the industry continues to adapt, we must ensure it is not able to lure our children into this deadly addiction,” said Minister Harris.

Proposals

If successful, the Public Health (Tobacco and Nicotine Inhaling Products) Bill will:
Prohibit the sale of nicotine inhaling products to persons under 18 years;
Prohibit the sale of tobacco products and nicotine inhaling products by those under 18 years;
Prohibit the sale of tobacco products from self-service vending machines;
Prohibit the sale of tobacco products at events/locations primarily intended for persons under 18 years;
Introduce a licensing system for the sale of (a) tobacco products and (b) nicotine inhaling products to include an annual fee per premises for the sale of such, in such an amount as may be determined by the Minister;
Introduce minimum suspension periods for tobacco retailers convicted of offences;
introduce fixed penalty notices (on the spot fines) for offences;
Provide for the publication of information in respect of any person on whom a fine, other penalty or conviction is imposed by a court (‘name and shame’).

There are several stages through which a bill must pass before it can be enacted. This Bill is in the early stages. The minister will now refer the General Scheme of the Bill to the Joint Oireachtas Committee on Health for pre-legislative scrutiny.