Vaping firm used financial incentives for consultation submissions, Government told

The public consultation looked at potential additional measures to decrease the appeal of nicotine-inhaling products to young people

Most respondents were not in favour of regulation of nicotine-inhaling product flavours. Photograph: Colin Keegan, Collins Dublin

The Department of Health has said it received complaints from the public that a vaping company was offering financial incentives to customers in return for making submissions to a public consultation on regulating tobacco and vaping products.

The company was offering financial incentives in the form of online retail vouchers and discounts in store.

Some individuals claimed the response was submitted by staff members in-store on their behalf with a copy sent to them by email, and they were not aware in advance of what they were submitting a response to, and/or which answers were submitted on their behalf.

In one of these cases, the response was excluded at the request of the individual.

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The department said even though views were sought only from residents of Ireland, the consultation was reported on and publicised internationally, including by a US-based lobbying group with links to the tobacco industry.

“As the department did not collect identifying information, it was not possible to identify any responses as being fraudulent,” it added. “If respondents selected themselves as ‘residents of Ireland’, their submissions were included at face value.”

The public consultation ran for six weeks from November 2023 to January 2024 and looked at potential additional measures to decrease the appeal of nicotine-inhaling products to young people, further denormalise smoking and improve public health.

A total of 15,821 responses were received, with 90 per cent of the public who responded being current vapers.

Other responses were received from organisations and individuals in the spheres of health, education, consumer rights, retail, hospitality, and the manufacture and distribution of nicotine-inhaling and tobacco products.

Most respondents were not in favour of regulation of nicotine-inhaling product flavours, though a majority supported specialist retailers being allowed to sell a different range of flavours if restrictions were introduced.

Most respondents were also not in favour of extending smoke-free restrictions to vaping.

Views in opposition to the regulation generally highlighted the benefits of nicotine-inhaling products for smoking cessation, the relative harm of vaping compared with smoking, and the lack of evidence for long-term harm.

Minister for Health Stephen Donnelly said there was “strong public support” for further action on tobacco and nicotine.

“It is my intention to introduce legislation to regulate the display and advertisement of vapes in shops, the packaging and appearance of the products and the flavours of vape liquids,” he said.

“I will also ban single-use vapes, which are detrimental to the health of our young people and to our environment. I have already taken action on this issue with the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023, which includes the banning of the sale of vapes to under-18s and introducing a new licensing system, but there is more to do.

“I am committed to ensuring that we progress further legislation as soon as possible after summer.”

Sarah Burns

Sarah Burns

Sarah Burns is a reporter for The Irish Times