Ireland - Tobacco Reporter

HTPs: EU Rulemaking Challenged in Court

The European Commission will face a legal challenge over its attempt to restrict the sale of heated tobacco products (HTPs).

On Nov. 3, 2022, the European Union published a directive banning flavored HTPs throughout the union. The ban, which covers all flavors except tobacco, officially took effect Nov. 23, 2022. EU member states were given until July 23, 2023, to transpose the rule into national legislation.

When the Ireland did so, it was challenged in the Irish High Court by PJ Carroll & Co. and Nicoventures Trading. The nicotine companies argued that the European Commission had exceeded the powers delegated to it under tobacco products legislation approved by the European Council and the European Parliament. According to them, the Commission made its decision based on political grounds rather than legal grounds.

In his judgment, Irish High Court Justice Cian Ferriter noted that the Commission had effectively prohibited “a category of tobacco product which was new on the market, which had not been in existence at the time of the enactment of the Tobacco Products Directive in 2014 and which had not been the subject of separate policy and health assessments…”.

“It is at least arguable that this involved a political choice which was only open to the EU legislature and not to the Commission,” Ferriter said.

According to Eureporter, the Dublin court will now refer the case to the European Court of Justice in Luxembourg.

The nicotine companies and the Irish High Court are not the first to raise concerns about regulatory overreach. When the Commission adopted its directive in 2022, four EU member states objected that the directive involved “essential elements reserved for the European legislators.”

October 18, 2023

Ireland Raises Cigarette Prices, Plans Vape Tax

Ireland increased the price of a pack of 20 cigarettes by €0.75 ($0.80) and announced a new tax on vaping products for next year, reports The Irish Times. Other tobacco products will be subject to a pro-rate increase.

The move “supports public health policy to reduce smoking levels in Irish society,” according to Finance Minister Michael McGrath.

“In light of public health interests, continuing delays to the revision of the Tobacco Products Tax Directive and the Program for government commitment to tax e-cigarettes and vaping products, I am proposing to introduce a domestic tax on these products [e-cigarettes and vaping products] in next year’s budget,” said McGrath.

“Considerable preparatory work” by the Department of Finance and Revenue will be necessary to draft the underpinning legislation, he said.

“Nicotine is one of the most addictive substances on the planet, and there has been an explosion in youth use of e-cigarettes that has been further fueled by the advent of disposable vapes,” said Chris Macey, director of advocacy with the Irish Heart Foundation. “We can’t afford to wait a moment longer than necessary to impose this tax.”

The Irish Heart Foundation called on the finance minister last week to introduce a €0.10 per milliliter tax on e-liquid.

Smokers’ rights group warned against unintended consequences. “Annual tax hikes on tobacco are punishing consumers for enjoying a perfectly legitimate habit,” said John Mallon, spokesperson for Forest Ireland. “Not only does it discriminate against consumers on lower incomes, [but] it will drive even more smokers to the black market.” Mallon said smokers “don’t deserve” the excise increase.

“Legitimate retailers will lose business to criminal gangs, and smokers who stay within the law will be further punished compared to those who, understandably, buy their tobacco from illicit traders,” he said.

October 11, 2023

Superdrug to Stop Selling Disposables in UK and Ireland

Superdrug will stop selling disposable vape products in its U.K. and Ireland stores following environmental concern over the products, reports the Guardian.

The retailer noted that it would have its stock completely cleared out by the end of the year.

“The rate that consumers are using single-use vapes and discarding them is worrying and alarming for the environment,” said Lucy Morton-Channon, Superdrug’s head of environment, social and governance. “The lasting effects that single-use vapes are having on the environment needs to be addressed, and I am pleased that we’ve decided to remove them from all stores.”

Superdrug also cited risk of fire from improper vape disposal as a reason for discontinuing sales.

September 25, 2023

Vaping to be Banned for Those Under 18

Ireland will ban vaping for those under the age of 18, effective July, reports the Irish Times.

Minister for Health Stephen Donnelly will bring a memo to the Cabinet this week outlining the full legislation. The new law is expected to be enacted before the lower house of Parliament’s summer recess in mid-July.

The legislation includes restrictions on the types of retailers allowed to sell vapes or nicotine-inhaling products as well as measures to curb advertising of nicotine-inhaling products near schools and other locations frequented by kids and young adults.

Donnelly is expected to tell the Cabinet that there is “clear evidence” that nicotine exposure in young people has long-term effects on brain development, referencing recently published surveys of Irish school-aged kids. The surveys, including the Health Behaviour in School-Aged Children survey from 2018 and the European Schools Project on Alcohol and Other Drugs survey from 2019, showed that 9 percent of 12-year-olds to 17-year-olds and 15.5 percent of 15-year-olds and 16-year-olds used electronic cigarettes in the past 30 days. Donnelly is also expected to reference a Health Research Board review that found that kids who vaped were five times more likely to begin smoking.

The government is expected to prioritize passage of the bill through the Oireachtas to allow for full debate and discussion before sending the legislation to President Michael D. Higgins for his signature.

May 30, 2023

Illicit Tobacco Trade Up in Ireland

The illegal cigarette trade cost the Irish government approximately €384 million ($415.25 million) in lost excise duty and value-added tax during 2022, reports the Irish Examiner, citing estimates by the Revenue Commissioners.

A survey carried out by Ipsos MRBI on behalf of the Revenue Commissioners, shows that 17 percent of all cigarette packs held by smokers in 2022 were illegal. This is up from 13 percent in 2021.

An illicit rate of 17 percent equates to approximately 31.7 million illegal packs. Nearly nine in 10 of those illegal packs were classified as contraband—that is, normal commercial brands that were purchased abroad and brought into the country. A further 13 percent of cigarette packs were found to be legal but with no Irish duty paid—up 8 percent from 2021.

The survey also found 17 percent of pouches of roll-your-own tobacco held by smokers surveyed were illegal and 10 percent were legal but with no Irish duty paid.

In 2022, the Revenue Commissioners seized 51.6 million cigarettes valued at €39.5 million, and 11,803 kg of tobacco with an estimated value of €8.5 million.

The agency obtained 41 summary convictions relating to the sale of illicit tobacco, four of which were on indictment with fines of €76,250 imposed.

There were 24 convictions relating to tobacco smuggling in 2022, four of which were on indictment, with fines of €35,100 imposed.

May 22, 2023

Ireland Approves E-Cigarette Rules

Ireland Minister for Health Stephen Donnelly and Minister for Public Health Frank Feighan received government approval to introduce additional restrictions on the sale and advertising of nicotine inhaling products such as e-cigarettes, according to Gov.ie.

Under the new proposals, the sale of e-cigarettes and related vaping products will be prohibited from self-service vending machines, from temporary or mobile premises and at places or events for children. In addition, advertisements for e-cigarettes will be prohibited on public transport, in cinemas and near schools.

“These measures are designed to protect our children and young people from starting to vape,” said Donnelly. “We recognize that nicotine is a highly addictive drug, and we are acting today to make these products less accessible to our young people and to remove the advertising for these products from our children’s everyday lives.”

The proposals will be incorporated into the Public Health (Tobacco and Nicotine Inhaling Products) Bill, which is currently being drafted. The bill is expected to be finalized and published by year end. The legislation will be designed to regulate any product that can be used for the consumption of nicotine-containing vapor or any component of that product.

The bill already contains measures to ban the sale of nicotine inhaling products to those under the age of 18 and to introduce a licensing system for the retail sale of tobacco products and nicotine inhaling products. Other measures contained in the bill include:

prohibiting the sale of tobacco products and nicotine inhaling products by persons under 18 years of age;
prohibiting the sale of tobacco products from self-service vending machines, from temporary or mobile units and at events or locations for children;
introducing minimum suspension periods for retailers convicted of offenses; and
introducing fixed penalty notices for offenses.

Feighan welcomed the government’s approval of the measures.

“Tobacco smoking continues to kill approximately 4,500 people in our country each year,” he said. “We recognize that nicotine inhaling products are used by some adult smokers to assist them to quit tobacco smoking. However, we are clear that these products are of no benefit to our children and young people or to nonsmokers, and that is why we are taking this action today.”

November 28, 2022

Tag: Ireland