Written answers

Wednesday, 15 January 2014

Department of Health

Tobacco Control Measures

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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849. To ask the Minister for Health the steps he is taking to formulate and publish a policy document on electronic cigarettes; and if he will make a statement on the matter. [1255/14]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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909. To ask the Minister for Health the timeline for the regulation of electronic cigarettes; and if he will provide details of the nature of the regulation that will be proposed. [1749/14]

Photo of James ReillyJames Reilly (Dublin North, Fine Gael)
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I propose to take Questions Nos. 849 and 909 together.

Tobacco Free Ireland, Ireland’s tobacco control policy, states that the general consensus at European level is that there is a lack of research in relation to the long term health effects of e-cigarettes and a lack of sufficient evidence that they aid with smoking cessation.

In Ireland the current position is that if these products are not presented as medicinal products for smoking cessation or as medical devices with a therapeutic purpose, they do not fall under the medicinal products or medical devices legislation. As e-cigarettes do not contain tobacco they are currently not regulated under our tobacco legislation.

In order to harmonise the way EU Member States regulate e-cigarettes, the new Tobacco Products Directive being developed by the European Commission will, inter alia, provide for the regulation of e-cigarettes. It is anticipated that the Directive will be adopted formally by Council later this year following a vote in the European Parliament. Member States will have two years to transpose the Directive.

The Tobacco Directive will set mandatory safety and quality requirements e.g. nicotine content, ingredients and devices, as well as refill mechanisms etc. for e-cigarettes that do not fall under the definition of medicinal products of Directive 2001/83/EC. The new Directive will make health warnings and information leaflets obligatory, introduce notification requirements for manufacturers and importers of e-cigarettes, impose stricter rules on advertising and monitoring of market developments. The Directive will also enable Member States and the European Commission to react in the case of any identified health concerns related to these products.

In light of the above and in view of the emerging evidence base around E-Cigarettes, I have asked my Department to review the issue in order to inform policy and regulation in this area.

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