New nicotine products: the Irish government gives the green light to strengthen regulations

The Irish government has approved a bill to strengthen regulations on new nicotine products. Aimed at reducing the use of e-cigarettes and nicotine pouches, particularly among young people, the bill now awaits parliamentary approval.

The sale of nicotine sachets is prohibited to those under 18 years of age.

Nicotine pouches, which have only recently become available, are not currently covered by Irish tobacco and e-cigarette legislation. The Irish government therefore intends to adopt a regulatory framework for these new products and prohibit their sale to minors under 18.[1]. While this proposal aims to reduce the accessibility of nicotine pouches to young people, it nonetheless provides a legal framework for their sale. Indeed, while many health professionals are advocating for a ban on these products throughout the European Union, the Irish government's decision can be seen as a victory for manufacturers, who until now had been exploiting a legal loophole to promote the consumption of nicotine pouches. In France, the Council of State has confirmed the illegality of selling these products, despite the fact that the majority of tobacconists are still selling them.

Ban on advertising and stalls: the government wants to protect young people

The Irish Council of Ministers also wants to ban advertising for all nicotine products, including e-cigarettes, in all retail outlets. Furthermore, if the bill were passed, it would prohibit mixed retail outlets (supermarkets, petrol stations, etc.) from displaying these products in view of customers. This measure, called display ban or the removal of stalls, aims to reduce exposure, particularly of young people, to these products, and therefore to decrease their attractiveness.

Provisions applicable to future industry products

With this same objective in mind, the government aims to limit the colors and images displayed on nicotine product packaging, as well as on devices (e-cigarettes). For vaping products, the legislation proposes prohibiting brand descriptors related to flavors, with the exception of base flavors. In its press release, the government specifies that all of these provisions would apply to products currently on the market, as well as to potential products that may be marketed in the coming years. Finally, the bill proposes banning the sale of e-cigarettes that mimic other products, such as toys or games, as these devices are considered attractive to young people.

Coping with the rapidly evolving market

The Irish government justifies these new proposals by its desire to protect younger generations from the tobacco and nicotine epidemic, in a context of rapid market evolution. Irish Prime Minister Micheál Martin recently criticized the tobacco industry's strategy of regaining market share, characterized by the aggressive marketing of attractive new products: "We must once again take a hard line against tobacco. With the emergence of all these new technologies, we are witnessing a comeback by the tobacco industry, following on from other initiatives undertaken in the fight against smoking.".

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