The Minister for Health, Stephen Donnelly TD, has initiated new sections of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023, which will prohibit the self-service sale of tobacco products and e-cigarettes. This ban will be effective from September 2025, giving businesses ample time to adjust to the forthcoming changes. This measure is part of a broader strategy to mitigate the health risks associated with tobacco and nicotine inhaling products.
Currently, the sale of tobacco products via vending machines in Ireland requires the use of discs or cards obtained from staff, and must be overseen by staff members. Despite these regulations, the National Environmental Health Service, responsible for enforcing tobacco control laws, has found that self-service vending machines are more accessible to minors compared to over-the-counter sales.
The decision to ban the sale of tobacco products from self-service vending machines aligns with recommendations from Ireland’s national tobacco control policy, Tobacco Free Ireland, and supports the Programme for Government’s commitment to limit the types of retailers selling these products.
Speaking on World No Tobacco Day, Minister Donnelly highlighted the significance of these measures:
“We are continuing to denormalise the sale of tobacco products to make it clear that a product that kills one out of every two of its users is not like other consumer products. We are also banning the sale of nicotine inhaling products by self-service to further tighten the availability and the advertising of these products.”
Colm Burke, Minister of State with responsibility for Public Health, Wellbeing, and the National Drugs Strategy, endorsed these measures, stating:
“There is evidence that the density of retail outlets selling tobacco products is associated with youth smoking and is a risk factor for relapse by smokers who have quit. Reducing that density is an important step to protect our young people and to assist those who have made the important decision to quit.”
The new legislation aligns with Article 13 of the WHO Framework Convention on Tobacco Control, which mandates a comprehensive ban on all tobacco advertising, promotion, and sponsorship. The guidance on implementing Article 13 clarifies that vending machines inherently serve as a form of advertising or promotion.
Currently, two-thirds of the Parties to the WHO Convention have banned the sale of tobacco products from vending machines. Scotland, England, Wales, and Northern Ireland implemented such bans over a decade ago.
In addition to these new provisions, in March 2024, Minister Donnelly enforced further sections of the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023. These sections strengthen protections for children by banning the sale of tobacco and nicotine inhaling products at events aimed at children, and prohibiting advertising of nicotine inhaling products around children’s cinema films, on public service vehicles and at stops or stations, and within 200 metres of schools.
This comprehensive approach underscores Ireland’s commitment to achieving a tobacco-free society and protecting public health, particularly for the younger generation.