Fines of up to €4,000 or jail time for premises that sell vapes to under 18s

New legislation controlling the sale of vapes was approved by the Cabinet on Tuesday

New law will also ban advertisements for e-cigarettes near schools and on public transport.

Premises that sell vapes to under 18s face fines of up to €4,000 or face six months in prison for their first offence under new legislation.

This penalty will increase for a second offence, with the fine increasing to €5,000 or 12 months in jail, under new legislation approved by Cabinet on Tuesday.

Retailers will also need a licence going forward to sell vapes, Government Chief Whip Hildegarde Naughten said.

Health Minister Stephen Donnelly said the aim was to have the new legislation enacted before the Dáil rises in July.

The law will also ban advertisements for e-cigarettes near schools and on public transport. This is aiming to limit children's exposure to messages normalising or glamourising vaping.

The rules will be enforceable by the Environmental Health Service, which will be given more powers in relation to the rolling-out of these laws to ensure there is compliance in relation to advertising the sale of vapes too.

Mr Donnelly also said the Government was engaging with the EU on the updated Tobacco Products Directive, which is anticipated to be published next year.

He said it would focus on introducing further restrictions on labelling and flavour, which are used to attract young people to use vaping products.

He said if the EU delays this measure or if it is “watered down”, the Government will look at amending its own legislation to restrict labelling, as was done previously and successfully in terms of tobacco products.

Mr Donnelly said the Government is not looking to go as far as Australia right now in terms of an outright ban on recreational vaping for all ages.

But he said he would be keen to keep restrictions on the point of sale advertising under review, given people are being “bombarded” with advertising.

“My belief, rightly or wrongly, is that it's targeted to children or certainly it's very, you know, it's very child friendly,” he said.

“What we need to do is we need to send out a very clear message that the medical evidence we have is that vaping for children and vaping for young teenagers can impair cognitive development. That's pretty serious stuff."

He added: "We will be relying on adults to do the right thing in the same way as we do for alcohol, we do for cigarettes.” 

Disposable vapes are not covered in this new legislation but Mr Donnelly said he had an “ongoing engagement” with the Government on that issue.