The Italian government has challenged plans by the Department of Health to ban disposable vapes, criticising the proposed Irish law as a disproportionate attempt at “total prohibition”.
In a rare intervention, Italy has formally complained to the European Commission that the draft Irish legislation “lacks scientific evidence” and would breach rules governing the EU’s single market.
The draft law, intended to tackle the popularity of vapes among younger generations, would put up a barrier to trade between Ireland and other EU member states, the Italian government said.
The submission from Rome, seen by The Irish Times, said the proposed ban on single-use vapes was “significantly at odds” with EU law.
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The Italian ministry for business said the Irish legislation “disregards” the principle of the free movement of goods within the 27-state bloc’s market by banning the sale of products that were “lawfully produced” in other European countries.
The Public Health (Single-Use Vapes) Bill has been passed by the Dáil and is due to be debated in the Seanad, so has not yet become law.
Italy, a major producer of raw tobacco, is viewed in Brussels as one of the more receptive EU states to the concerns of the tobacco industry, who have branched into the e-cigarette and nicotine pouch market.
The Italian business ministry complained the Department of Health had not considered “less restrictive regulatory alternatives” to stop young people vaping, such as stricter age-verification measures, tax changes or an information campaign.
The March 19th submission said Ireland had opted for “total prohibition” and wanted to impose “maximum restrictions” on vaping products, without exploring “less intrusive regulatory choices”.
[ Government open to banning vapes in cars with children, says TaoiseachOpens in new window ]
Cheap disposable vapes sold in flavours that include watermelon and passion fruit are popular with young people, prompting a push to introduce stricter regulations of the products.
EU states are required to flag upcoming national legislation that could impact on the operation of the union’s single market for trade and goods, allowing other governments to raise objections.
The Government will have to respond to Italy’s concerns and defend the scope of the proposed ban in a reply to the commission, the executive body that proposes EU laws.
Ireland is one of several governments pushing for tougher regulation of vapes and nicotine pouches at EU-level, on foot of concerns about their huge popularity among young people.
France and Belgium have separately introduced national laws banning disposable vapes.
[ One in five vape shops selling addictive products to children, inspections revealOpens in new window ]
An organisation representing the vape industry, the Reduced Risk Products Association, described the Government’s draft law as “draconian” in a separate submission to the commission.
The industry group, whose members include Hale and other companies in the e-cigarette business, said a total ban on disposable vapes should only be considered as a “last resort”, after other ideas to tackle “youth vaping” had been tried.
The submission said the proposed Irish ban would amount to an unjustified restriction on the free movement of goods within the EU market.
The organisation said it did not represent “so-called big tobacco” and its members had “legitimate concerns” about the Government’s plan to ban single-use vapes.
The industry body said the recent rush to reduce underage vaping followed a “period of significant inaction” by the Government, despite warnings about the problem.
The Reduced Risk Products Association said it had “reservations” about whether there was sufficient legal justification for the planned ban.
Minister for Health Jennifer Carroll MacNeill has brought forward separate legislation to prohibit the sale of flavoured vape products and close a loophole that allows nicotine pouches to be sold to children under 18 years of age.
