Tobacco Control Measures

Dáil Éireann Debate, Tuesday - 12 December 2017

Tuesday, 12 December 2017

Ceisteanna (253)

Noel Rock

Ceist:

253. Deputy Noel Rock asked the Minister for Health if his attention has been drawn to the level of product inconsistency and trade confusion at retail level regarding sales of e-cigarettes and refill liquids, specifically with labels which reference to taste, smell and or flavours (details supplied); if section 30(1)(d) of SI 271 of 2016 makes it an offence to reference taste or smell or other additives on the label of e-cigarettes and refill containers; if this prohibition includes references to a flavouring which the Tobacco Products Directive, TPD2, defines as an additive that imparts smell and or taste; his plans to either amend his Department’s guidance document to make this clear or amend SI 271 of 2016 to make an exception to permit flavour references on e-cigarettes; and if he will make a statement on the matter. [52630/17]

Freagraí scríofa

Minister of State at the Department of Health

Compliance with the legislation is the responsibility of individual companies.

Regulation 30 of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016) as amended by S.I. No. 252 of 2017, does not restrict the use of words which denote flavourings, such as “cherry” or "menthol", on unit packets and outside packaging of electronic cigarettes or refill containers.

Regulation 30 does not prevent the use of the word “nicotine” to show the nicotine content on unit packets and outside packaging of electronic cigarettes or refill containers.

Revised guidance on this matter issued to stakeholders on Friday, 1 December 2017 and is also available on the Department of Health's website. The guidance should not be construed as legal advice nor should it be inferred that all legal responsibilities have been identified in the guidance. It is a matter for companies to determine how best to comply with legislation, if there is uncertainty regarding compliance, legal advice should be sought.