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InvestigatesVape LobbyONE OF IRELAND’S biggest tobacco companies instructed lawyers to raise concerns over a public consultation on stricter regulation of vapes.
The Journal Investigates can reveal how Irish tobacco manufacturer PJ Carroll, which is part of the British American Tobacco (BAT) group – issued legal letters to the Department of Health (DoH) over the process.
Documents obtained under the Freedom of Information (FOI) Act reveal how solicitors representing BAT Ireland (PJ Carroll) twice sent correspondence surrounding the scope and nature of the public consultation.
The DoH review, which focused on the future regulation of nicotine-inhaling products and tobacco, was launched in November 2023.
It had a particular focus on vaping, which the department said at the time “may be less harmful” but not “harm free”.
BAT Ireland, along with other tobacco and vaping companies, took part in the consultation process.
It included a questionnaire which invited respondents to outline their views on stricter vape regulations such as a ban on e-liquid flavours and restricting point-of-sale displays.
In a letter sent to then Minister for Health Stephen Donnelly on 5 January 2024, BAT Ireland confirmed it had completed the survey, despite awaiting a “substantive response to our solicitor’s letters”.
The company said the letters, sent on 15 December and 29 December 2023, raised “specific questions” on “the scope and truncated nature of the consultation process”.
No further details on the questions sent by BAT Ireland’s solicitors were given in correspondence.
When contacted, a spokesperson for the tobacco company told The Journal Investigates that the legal letters concerned “the format of the six-week public consultation on the future of vaping and tobacco regulation”.
“The letters related to concerns regarding the consultation process, formation and duration,” BAT Ireland said.
“Unfortunately, as it is privileged legal correspondence, I am not in a position to share copies of the letters.”
Asked about the correspondence, a DoH spokesperson said it had launched the consultation to seek views on a “range of topics, including regulating flavours, packaging and appearance, and point of sale display advertising for nicotine inhaling products”.
“The consultation also addressed proxy sales of both products, extending smoke free restrictions to vaping, smoking in outdoor dining areas and increasing the age of sale for tobacco,” the spokesperson said.
The department said questions on taxation of vaping liquids were also included at the request of the Finance Minister. Questions on a complete ban on disposable vapes were not included in the survey.
The DoH added: “The consultation process helped inform the proposals in the Public Health (Nicotine Inhaling Products) Bill, which is currently being drafted with the Office of the Attorney General.”
The popular vaping brand Vuse is made by PJ Carroll. It also makes Carrolls and Major cigarette brands.
Earlier this month, The Journal Investigates revealed how Irish tobacco companies were looking to vaping to safeguard bumper profits to mitigate falling cigarette sales.
We reported how the 2023 accounts of PJ Carroll (BAT Ireland) stated its ‘vapour category’ performance delivered 22% of its total revenue of €30.5m that year. BAT intends its ‘smokeless products’ to account for 50% of group revenues by 2035.
In its consultation response BAT Ireland said it did not support a ban on vaping products being displayed behind shop counters.
“A retail display ban would disproportionally restrict protected rights of property and freedom of expression and violate International Trade Agreements,” it stated.
While the company supported legislation banning the use of cartoons or animations on vapes, prohibiting the use of colours and branding would have a “significant negative impact” on the tobacco harm reduction potential of vapes, it said.
BAT Ireland also outlined its support for a ban on vape flavours that “uniquely appeal to the underaged”, such as confectionery, dessert and soft drink flavours.
“However, the continued availability of an adult relevant flavour range is crucial and plays an important role in smokers considering vaping as a satisfying alternative to cigarettes,” BAT Ireland said.
Publishing the consultation findings in August last year, the department said it received over 15,800 responses to the survey.
It said 90% of the public that responded to the survey were current vapers.
Other responses received were from organisations and individuals in the “spheres of health, education, consumer rights, retail, hospitality and the manufacture and distribution of vapes and tobacco products”.
A statement from the then Health Minister Stephen Donnelly at the time said the findings “showed strong support for all possible interventions from health organisations, healthcare workers, teachers and non-vapers”.
The review also referenced a separate consultation led by the Department of Environment on the future of disposable vapes.
This examined what action should be taken from an environmental perspective with responses showing a “high level of public support” for legislation to ban disposable vaping devices.
In September, cabinet approval was given to draft laws which would see a complete ban on the sale, manufacture or import of single-use vapes.
The legislation would also introduce a ban on flavours that the government believes appeal to children.
The new laws would also prohibit point-of-sale vape display or advertising in shops, other than specialist stores that solely sell the products.
These changes are also included in the new Programme for Government but there is no concrete timeline on their implementation.
The proposals followed the successful 2023 ban on the sale of all nicotine inhaling products to under-18s.
Last month, the government said a new retail licensing system will mean Irish retailers will have to apply and pay for a licence if they wish to sell vapes.
From February 2026, those wishing to stock and sell nicotine-inhaling products will have to pay an annual fee of €800.
Last week, PJ Carroll failed in a European court bid to challenge the banning of some heated tobacco products (HTPs) in Ireland.
The ban of flavoured HTPs – which heat tobacco at a lower temperature compared to conventional cigarettes – came into force here in 2023.
The products were prohibited from sale by the European Commission in all EU member states under the Tobacco Products Directive.
Alongside Nicoventures Trading Ltd – another BAT-owned company – PJ Carroll argued that the European Commission had exceeded its powers in banning the products.
The companies sued the Minister for Health and the Attorney General in the High Court, and the case was referred to the European Court of Justice.
In its ruling last week, the court said the Commission was within its rights in banning flavoured HTPs.
Read how Irish tobacco companies are looking to vaping projects to safeguard bumper profits as cigarette sales fall. Our full investigative series is here >>
Reporter: Patricia Devlin • Editor: Maria Delaney • Social Media: Sadbh Cox • Main Image Design: Lorcan O’Reilly
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Increases in VAT..enforcing payment of wages during sick leave..banks freezing credit that are controlled by the government..increases in Prsi…any wonder there’s no confidence in the Kenny Circus.
Can’t believe you’re suggesting workers shouldn’t be paid for sick leave. It’s incredibly hypocritical to complain about the governmemt making it harder for you to get by when you’re complaining about something so basic that helps other people get by.
No problem with the State paying sick leave Evin but when you are trying to keep your chin above water during this economic sh*t storm, it’s ludicrous to expect a small business to pay someones wages when it can just about cover its weekly wage bill at best.
If you yourself are a business owner and you fall sick, do you dock your own pay for the amount of time you are sick?
It’s not just SMEs Bell-Enda
Would it not be easier to report on those who are satisfied with the governments performance? That would be the Troika and who else?
There would be a bit of a problem there Kerry. Not enough of us speak German .
Do like the French do when they not happy, shut all ports in protest!!! everything must come to a complete stop!
we need the unions to support that . and. that won’t. happen
SME pay the unions fee to represent them. Time for the dog to start waging its tail, instead of the other way round.
The model of banking just isn’t working. The EU is making it worse. All the banks are foreign owned. The names are misleading and calling them pillar and state adds to confusion. I do have a question if Wilber Ross owns 9% of BOI, and BOI got 45 billion bail out, did FG/Lab effectively give an American billionaire 4 billion?
enda and co. never had to run a small business . thy don’t understand what its like to try and keep up wit there every increasing
taxes . rates water charges. and all the stealth taxes that. thy keep pulling out of. there Ass. . . yet we are ment to pay. all this while our turnover gets smaller . week on. week . . FACT. MOST SMALL SHOPS HAVE A TURN OVER LESS THAN ENDA AND GILMORES WAGES PER WEEK . AVERAGE CORNER SHOP HAS A TURN OVER OF. LESS THAN 5K now pay. all expenses from that
total left for shop keeper after expenses . jack SHITE .
Everyone says they’re broke. How much is jack shite?
Why would you expect thanks just a load of parasites living off your work. Time to stop being made a mug of join the Labour Party screw your neighbour and never do a days work again. Simples
Evin a lot less THAN your dole. and before you reply . do you own a shop . are you self employed . if. the answer is no then. don’t. comment we the shop keeper and self employed are the back bone of. this country . . we create the jobs we collect vat on. behalf of. the government . and get no thanks for it . except penalized for been late wit payment . . every month the miracle of. the 5 loafs and 5 fish takes place in every small business across Ireland.
John, lets not get all exclusive here in the pain party. Without the consumer, you dont have a business. Therefore you dont “create” jobs. What’s good for the consumer, i.e everyone in the state, is ultimately good for you. There’s other’s beyond the self employed that need a break too.
I’m not self employed and I’m not on the dole. I work and pay taxes and spend my money which helps create jobs. I don’t see why you’re the backbone. I’d say everyone that works and spends money in this country is the backbone.
I happilly pay any taxes I owe because I know people who don’t have money need me to. We pay some of the lowest taxes out of any developed country in the world and yet we still complain.
Maybe the problem isn’t with the government or with taxes. Maybe the problem is with how your business is operating, whether you’re catering to your customers needs, and whether you’re reinventing yourself enough to still be relevant to the current market.
You got no thanks and there is none coming your way either!!
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