James Reilly (Dublin North, Fine Gael)
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Question 283: To ask the Minister for Health and Children the legal status of electronic cigarettes on sale in shops and pharmacies here; the way this compares with other European Union member states; if she has asked the Irish Medicines Board to investigate these products; if they are regarded as being a medicinal product or a device by her Department; and if she will make a statement on the matter. [39010/10]

Mary Harney (Dublin Mid West, Independent)
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The EU Commission, in its Orientation Note on Electronic Cigarettes (May 2008), stated that where such products are presented for use in or assist in smoking cessation, they are regarded as medicinal products. In this regard they are similar to other nicotine replacement therapies (NRT) and therefore require marketing authorisation before being placed on the market in Ireland. In common with other such NRT products they may be supplied only through pharmacies.

The EU Commission has recently commenced a public consultation with respect to the possible revision of the Tobacco Products Directive 2001/37/EC. One of the issues being considered is to extend the scope of the directive to cover electronic nicotine delivery systems where such products are presented as alternatives to cigarettes.

My Department will be engaging with the Irish Medicines Board, Health Service Executive, Pharmaceutical Society of Ireland and other relevant bodies, and will contribute to ongoing EU deliberations on the matter.