Written answer
Legislative Measures
Existing law regulates nicotine inhaling products through an 18+ age limit, advertising and sales restrictions, and retailer licensing. The disposable vape ban begins on 24 January 2027, while a Bill restricting packaging, flavours, advertising, displays and nicotine pouches awaits enactment after EU notification ends on 7 October.
3697. Deputy Robert O'Donoghue asked the Minister for Health the current legislative position regarding the regulation of vaping and nicotine inhaling products; the progress and anticipated commencement date of legislation to prohibit the sale of single-use or disposable vapes; the timeline for the introduction of proposed restrictions (details supplied); if further restrictions on the sale and availability of vaping products, particularly those which may appeal to children and young people, are being considered; and if she will make a statement on the matter. [62328/26]
Comment on this
The focus of policy and legislation regarding nicotine inhaling products is on reducing youth use.
The Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023 introduced domestic regulation of nicotine inhaling products including:
• A minimum age of sale of 18
• Further advertising restrictions in cinemas, on public transport and near schools
• Prohibition on the sale of nicotine inhaling products by self-service, at events aimed at children, and from temporary or moveable premises
A significant provision in the Act was the licensing system for the retail sale of tobacco products and nicotine inhaling products, which became operational for all retailers on 2 August 2026. Previously, there was a once-off registration system for tobacco retailers, and no register for retailers of nicotine inhaling products.
Those who wish to sell these products must now apply for a licence, pay the required fee and renew that licence annually. The licensing system will give the HSE's National Environmental Health Service robust oversight of who is selling nicotine inhaling products. The legislation allows for increased penalties for offences such as selling to minors, including revocation of a licence. In addition, licences will not be granted to temporary or moveable premises such as those at festivals, and the sale of these products at events aimed at children is also prohibited.
The Public Health (Single Use Vapes) Act 2026 will ban the sale of single-use or "disposable" vapes, in recognition of the dual health and environmental impact of these products. The Act was commenced on 24 July. There is a six-month transition period in the law which means that the ban will come into effect on 24 January 2027. The National Environmental Health Service in the HSE will be engaging with industry to ensure they are aware of their obligations.
The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 will ensure that nicotine inhaling products such as vapes do not have eye-catching imagery or colours. Flavour descriptors and language other than basic flavour names will be prohibited, and the range of possible flavours significantly restricted. Furthermore, all nicotine products, including nicotine pouches, will be subject to a minimum age of sale of 18 and advertising will be banned in all retail settings. Retail sale includes the free supply of these products. Display of nicotine products will also be prohibited in mixed retail premises, as is currently the case for cigarettes.
This Bill has completed all stages in Dáil Eireann. The EU notification procedure for this Bill ends on 7 October, after which it can be brought to enactment.
Finally, our national tobacco control policy, Tobacco Free Ireland, is currently being updated. It will set out a pathway to end the epidemic of tobacco-related harm in Ireland and to continue to strengthen the protection of young people from nicotine.