Ireland notified the Commission a Bill, entitled "The Public Health (Tobacco Products and Nicotine Inhaling Products) (Amendment) Bill 2026 on April 2nd 2026.
The Minister for Health has sponsored the Bill which passed the 1st,2nd and 3rd Stages in the Dail (Lower House) on April 22nd.
It is described as " An Act to regulate the packaging and appearance of nicotine inhaling products and refill containers of such products; to provide for the prohibition on the sale of nicotine consumption products to a child; to provide for certain restrictions in relation to the signage, display and advertising of nicotine inhaling products and nicotine consumption products ;to provide that the Minister for Health may, by order, regulate the flavour names of nicotine inhaling products; to provide for further enforcement methods and to provide for certain related offences; for those and other purposes to amend the Public Health (Tobacco ) Act 2002 and the Public Health ( Tobacco Products and Nicotine Inhaling Products) Act 2023; and to provide for related matters.
Section 21(Amendment of the Act of 2023) of the Bill relates to the proposed regulation of the packaging and appearance of nicotine inhaling products (NIPs) and refill containers for them.
Both Sections 20 ( Prohibitions on advertising of NIPs and NCPs in retail premises and from website)and 21 provide for certain restrictions on signage , display and advertising of both NIPs and NCPs ( nicotine consumption products).
The Minister can , by order, regulate the flavour names of NIPs ( but not NCPs).
CSNA - the Convenience Stores and Newsagents Association is a representative body incorporated within the State with over 1,350 members in 1,500 stores throughout the Republic of Ireland.
We are given to understand that Article 6(3) of the TRIS Directive requires Member States to suspend the adoption of a draft technical regulation ,such as this notified Bill , for a period of 12 months if (within 3 months) the Commission communicates their intention to act on the same matter by way of proposing (or adopting) an EU-wide legislative act.
Furthermore, we are aware that the Commission has made several pronouncements that they will be proceeding with a revision of TPD in 2026, most recently in a Press statement on World No Tobacco Day. The Commission has, we understand, started the impact assessment phase for a revision of rules surrounding both tobacco products and advertising.
It has been suggested by the Commission that a timeframe of December 2026 has been set as when we should see the legislative initiative.
We understand the EU would prefer that all Member States would be best served by acting ,where feasible and practical, as one. We further understand that a plethora of different laws and edicts across the Community creates uncertainty and vacuums as well as distorting competition and creating barriers to trade, products and services.
The principles of subsidiarity and proportionality are certainly best-served when the Union acts collectively, particularly when the outcome will be in line with the wishes of the entire Union, rather than those of a single Member.
Let it be very clear, CSNA does not, and never will, act as a mouthpiece for anyone in either the tobacco, or nicotine industries. Our sole concern relates to our members that will be affected negatively by the Bill that our Government has notified you upon.
Several parts of the Bill will restrict or limit how we regulate our stores yet permit others to sell without these restrictions or limitations.
If there are to be restrictions on the numbers and descriptive names of flavours ( of both NIPs and NCPs) sold in Irish stores then there needs to be a truthful, evidence-based proposal that has at its core the need for all of us to work towards a Union where smoking of combustible tobacco is eradicated and accepts that vapes and pouches have a part to play in this overarching necessity.
CSNA would urge you to seek from the Irish Government a withdrawl of the Bill or an agreed postponing for 12 months, in line with Article 6(3).
