Law to ban disposable vapes should go further - Gallagher

A local senator believes the proposed ban on disposable vapes his government is progressing doesn’t go far enough.

Senator Robbie Gallagher asserts the ban it should include an outright ban on brightly coloured and sweetly flavoured nicotine devices, which, it is alleged, are targeted at children.

Senator Robbie Gallagher was speaking after it emerged that more than a fifth of vape shops tested are selling the highly addictive vaping devices to children despite a ban on sales to under-18s since 2023.

“It is clear that the nicotine-inhaling companies are continuing to target young people. It is not acceptable that we still have flavoured vapes and colourful packaging; these are deliberate marketing ploys aimed at getting young people hooked. These issues can be amended at committee stage on the disposable vapes Bill,” said Senator Gallagher.

Between January and October last year, 51 retailers were caught selling vapes to children. This is more than 22% of the 224 shops where inspectors carried out tests to see if the devices would be sold to under-18s.

Inspections were carried out by the HSE’s National Environmental Health Service, which is responsible for enforcing a 2023 law that banned the sale of nicotine-inhaling vaping products to children. The HSE has had the power to carry out “test purchasing” to detect retailers who may be continuing to sell vapes to children.

In 2024, the HSE carried out 223 test purchases and found 40 retailers selling the products to under-18s. This increased to 51 retailers out of 224 tests in the first 10 months of last year. Retailers caught selling vapes to under-18s face a fine of up to €4,000 and up to six months in prison.

Ireland also regulates the safety, quality and advertising of vapes through a 2016 European Union directive. In 2024, the HSE carried out 256 inspections to make sure basic regulations on the sale of vapes were being upheld. From these inspections, 14 prohibition orders stopping the sale of unregulated vapes were served on shops which the HSE felt were not complying with the law.

Between January and October last year, 36 prohibition orders were served following 496 inspections.

The figures were released by the HSE in response to a Fianna Fail parliamentary question.

A proposed law to ban the sale of disposable electronic cigarettes or vapes is making its way through the Oireachtas. One of the purposes of the Bill is to make vapes less attractive or accessible to children by banning cheaper disposable vapes. It will also restrict the flavours of vapes and limit any description of a flavour other than its basic name. Colours and images on vape packaging will also be restricted. The law is also designed to lessen the environmental impact of the disposable nicotine products.