More than 100 retailers across the country were found to be non-compliant with laws around the sale of vapes to children over the past 18 months, according to new Health Service Executive (HSE) figures.
It has been illegal since December 22nd, 2023, to sell nicotine-inhaling products such as e-cigarettes – more commonly known as vapes – to children under the age of 18.
Under the law, a person can be fined up to €4,000, as well as facing up to six months imprisonment.
The HSE’s National Environmental Health Service monitors compliance with the legislation through an annual test-purchase inspection programme.
RM Block
Last year, the service conducted 389 test purchase inspections. Of those, some 52 were found to be non-compliant – where one of these products was sold to a child.
In the first six months of this year, 310 inspections were carried out, of which 50 were found to be non-compliant.
Of the 52 non-compliant inspections found in 2024, 19 proceedings have been heard to date in the District Court.
Twelve of those cases resulted in a conviction with a fine, the number of cases in which the probation Act was applied was six and one case was struck out, withdrawn or dismissed by the court.
The HSE said other proceedings were “still in train”, while proceedings relating to non-compliances identified this year are expected to be heard in 2026.
The figures were released to Social Democrats TD Aidan Farrelly, who said: “We need to make sure the enforcement works.
“You can see the level of inspections in the first half of this year is almost at the same level as all of last year. But what I’m looking at is the number of non-compliances versus prosecutions.
“The numbers [of prosecutions] are very low. I understand the court system could have much more pressing issues, but a law is only as strong as its enforceability. We have to make sure retailers are complying.”
Mark Murphy, senior policy manager at the Irish Heart Foundation, said it was “absolutely imperative” the ban on the sale of vapes to children is enforced.
“Vapes are not harm-free and evidence shows that e-cigarettes can damage the brain, heart, lungs and even blood vessels. Moreover, e-cigarettes contain nicotine, one of the most addictive substances on the planet,” he said.
“And medical research shows that the younger you are when you start using nicotine, the more likely you are to become addicted.”
Ireland intends to increase the legal age of sale of cigarettes from 18 to 21 in 2028, but Mr Murphy has called for this to be extended to e-cigarettes to “protect children from ever taking up vaping”.
Last year, the Government approved plans to ban the manufacture or import of single-use or disposable vapes in Ireland and to limit vape flavours, coloured packaging and descriptions, as well as the level of advertising of such products.
