John Crown (Independent) | Oireachtas source

I move amendment No. 24:

In page 14, between lines 3 and 4, to insert the following:
“Retail packaging of electronic cigarettes
11. (1) Subject to subsection (2), an electronic cigarette packet shall—(a) in respect of the outer surface thereof, be of a prescribed colour with a matt finish,
(b) in respect of the inner surface thereof, be of a prescribed colour,
(c) not bear a mark or trade mark other than in accordance with subsections (3) and (4),
(d) not have any decorative ridges, embossing or other embellishments on the outer surface thereof,
(e) not contain an adhesive that is coloured or non-transparent,
(f) not contain any inserted items or affixed items other than as provided for by law,
(g) not contain any item incorporated into the packaging other than as provided for by law.(2) Paragraphs (a) and (c) of subsection (1) shall not apply to the following:(a) a bar-code or other similar identification mark that is in accordance with regulations under subsection (5);
(b) such other items as are provided for by law.(3) Subject to subsection (4), the following may be printed on an electronic cigarette packet:(a) a brand name or business name or company name; and
(b) a variant name for the electronic cigarette concerned.(4) A name referred to in subsection (3) shall be printed in accordance with regulations under subsection (10) and may be printed—(a) once on the front outer surface of the electronic cigarette packet,
(b) once on the top outer surface of the electronic cigarette packet, and
(c) once on the bottom outer surface of the electronic cigarette packet.(5) A bar-code or other similar identification mark may be printed once on an electronic cigarette packet in such form and manner as may be prescribed by the Minister, including the colour, dimensions, specifications and positioning of such bar-code or mark, provided that the bar-code or mark does not convey any information to the consumer (including any information conveyed by means of electronic communication).
(6) An electronic cigarette packet shall—(a) be cuboid in shape, the edges of which may be rounded or bevelled,
(b) be made of carton or soft material,
(c) not contain an opening that can be re-closed or re-opened after it is first opened other than—
(i) a flip-top lid provided the lid is hinged at the back of the packet, or
(ii) a shoulder-box hinged-lid.(7) Subsections (1) to (5) shall apply with all necessary modifications to any other form of outside packaging of electronic cigarettes.
(8) A wrapper that covers an electronic cigarette packet or any other form of outside packaging of electronic cigarettes shall—(a) be transparent,
(b) not be coloured,
(c) not have any decorative ridges, embossing or other embellishments,
(d) not bear a trade mark or mark other than a tear-strip that is in accordance with regulations under subsection (9),
(e) not have any affixed item, other than as provided for by law.(9) The Minister may prescribe the manner in which a tear-strip may be printed on a wrapper under subsection (8)(d), including the colour, dimensions, specifications, and positioning of a tear-strip on the wrapper.
(10) The Minister may prescribe the manner in which a name referred to in subsection (3) may be printed on an electronic cigarette packet or any other form of outside packaging of electronic cigarettes, including the colour, font type, font size, positioning, whether the name shall be in uppercase, lowercase, or any mix thereof and appearance of such a name.
(11) This section applies to the retail packaging of electronic cigarettes that are intended
for sale by retail in the State.
(12) Subsection (6) applies to the retail packaging of electronic cigarettes that are intended to be placed on the market.
(13) For the purpose of this section “electronic cigarette” means a product that can be used for consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank. Electronic cigarettes can be disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges.”.

Go raibh maith agat, a Chathaoirligh, agus go raibh maith agat, a Aire. I have given the question of electronic cigarettes a lot of discussion and thought over the past year. I wish to state a couple of facts.
There is no doubt that electronic cigarettes are less harmful. They do not give a person a great big high intensity or concentration belt of the same cancer causing products that one sees in inhalational tobacco. However, there is no doubt that they are not harmless. Nicotine, itself, we know to be a harmful drug, in addition to the fact that it is addictive, even if it only acts as a gateway to other more harmful ways of accessing tobacco, of accessing nicotine, which is of itself a neuro toxin and a cardiovascular toxin. It can cause peripheral vascular disease, abnormalities of the heart rate, including sudden cardiac death, alterations in seizure threshold and other physiological disturbances so it is dangerous. I believe the only reason it looks somewhat attractive in any sense is that it appears to be, possibly, less dangerous than inhaled smoke-derived nicotine.
We also do not know what the long-term effects of electronic cigarettes are. I have patients, colleagues, friends who have asked me whether it is better for them to give up smoking and use electronic cigarettes. To which I say, "Yes, if the alternative is smoking or using electronic cigarettes it is probably safer to use electronic cigarettes. However, you are far better giving them up altogether".
My great fear is that somehow some kind of a mixed message will go out that electronic cigarettes are something which current non-smokers, or children who are considering the alleged cosmetic effects of the coolness of smoking, may decide this is a way of smoking without incurring the health risks. Of course, as we know, there may be health risks from the use of these products but there is a colossal risk of becoming a tobacco addict and nicotine addict in circumstances where one may find that there are other ways of accessing it. I believe that we should explicitly make the provisions of this Bill apply to all of these inhalational nicotine products. Go raibh maith agat, a Aire.