Tuesday, 5 December 2017
Department of Health
367. To ask the Minister for Health if regulation 30 of Statutory Instrument 271 of 2016 allows retailers to stock electronic cigarettes and e-liquids that have the flavour labelled, for example cherry flavour, menthol flavour and so on; his plans to update the guidance document to clarify the issue for retailers; and if he will make a statement on the matter. [51798/17]
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.