Ireland: Customer vouchers offered to influence anti-smoking and vaping policies

The Department of Health has received a complaint that a vaping company offered financial incentives to its customers in exchange for their participation in a public consultation on the regulation of traditional cigarettes and e-cigarettes in Ireland, according to a new report.

This statement is contained in the report published by the ministry on the results of the public consultation on new regulations for tobacco and nicotine products.[1].

Public consultation to further regulate tobacco and vaping products

This consultation, which ran from November 2023 to January 2024, looked at what additional measures could be introduced to reduce the appeal of vaping products to young people, further denormalise smoking and improve public health. The consultation included issues such as point-of-sale advertising for vaping products, packaging, flavourings, online sales, the provision of smoke/vape-free public spaces and increasing the legal age for tobacco sales.

A total of 15,821 responses were received, with 90,% of respondents being current vapers. Additional responses were received from organisations and individuals working in the areas of health, education, consumer rights, retail, hospitality and the manufacturing and distribution of tobacco and vaping products.

Opposition to the ban on vaping flavors

Most respondents did not support regulating the flavours of vaping products, and a majority supported specialist retailers being allowed to sell a different range of flavours if restrictions were introduced. Most respondents also did not support expanding the number of public spaces where vaping would be banned.

Opinions opposed to regulation generally emphasize the benefits of vaping products for smoking cessation, the relatively lower harm of vaping compared to smoking.

Vouchers and promotional offers to customers in exchange for their participation in the consultation

The department received complaints from members of the public that a vaping company was offering financial incentives to its customers in the form of online vouchers and discounts in stores in exchange for their participation in the consultation.

Some people have claimed that the response was submitted by in-store staff on their behalf, with a copy sent by email, and that they did not know in advance what they were submitting a response to, and/or which responses were being submitted on their behalf.

Although only Irish residents were asked to provide their views, the consultation was reported and publicised internationally, including by a US-based lobby group linked to the tobacco industry. As the department did not collect identifying information, it was not possible to identify the responses as fraudulent, the ministry added. If respondents declared themselves to be “residents of Ireland”, their responses were taken into account.

Health Minister Stephen Donnelly, however, reiterated his intention to introduce legislation to more strictly regulate the display and advertising of vaping products in stores, the packaging and appearance of products, and the flavours of vaping liquids.

Similar process in France

Due to factors such as the rapid increase in new nicotine products, the European Commission launched a public consultation in February 2023 on the legal framework for tobacco control in the EU to identify the provisions required to achieve a “tobacco-free generation” by 2040, as announced in the European Beating Cancer Plan. The assessment covered the regulation of tobacco and nicotine products, advertising, promotion and sponsorship, but also the risks of new tobacco and nicotine products.

In April 2024, the manufacturer Philip Morris France (PMF) sent emails to its customer base inviting them to respond to the Commission's consultation in order to “build the future rules that will govern your IQOS/VEEV (heated tobacco/electronic cigarette) […] and avoid a tightening of the regulation of this product!” Customers were asked to respond specifically to the question concerning the "health risks of emerging products", to leave a testimonial at the end of the questionnaire and to talk about it to those around them.

The manufacturer is deploying a multi-level lobbying campaign in France to promote its IQOS heated tobacco device and its VEEV electronic cigarette.

Pro-vaping associations such as SO VAPE had also "recommended" participating in the consultation by specifically mentioning whether a "reduced risk" product had helped you quit smoking, specifying the appropriate details (years of smoking, the product that helped you quit, the role of flavors in this process, etc.).

©Tobacco Free Generation

AE

[1] Sarah Burns, Vaping firm used financial incentives for consultation submissions, Government told, Irish Times, published 23 August 2024, accessed 26 August 2024