Up in the air - Vaping legislation

Vaping legislation:

Joanne O’Connell, Director, Irish Vape Vendors Association (IVVA), believes the vaping sector needs its own regulatory framework in order to continue to benefit public health and contribute to an economic resurgence in regional towns across the country.

E-cigarettes and their use (known as ‘vaping’) is one of the most important disruptions to have happened in the public health arena in this century. Instead of inhaling the thousands of chemicals and carcinogens found in the byproduct of smoking tobacco, a ‘vaper’ (someone who uses an e-cigarette) is able to get the nicotine they need via a delivery system that is proven to be only a tiny fraction as harmful as smoking.

Evidence shows that, if every smoker were to switch to vaping, considerable costs associated with both the harm of smoking and the cost to our health service in providing prescriptions could be saved and spent elsewhere. Vaping is the market-based,

consumer-led revolution that we’ve been waiting for, and companies that are independent of the tobacco industry are driving the innovation forward. Independent vape shops have breathed life back into main streets of regional towns across Ireland.

However, since the introduction of new EU regulations in 2016, IVVA members face unfair competition from businesses that are not doing anything to become compliant with regulations. Giants such as Amazon and eBay continue to allow non-compliant products to be sold to the Irish market. Locally, disreputable companies are willfully ignoring their obligations under the regulations, and contradictions within the regulations themselves mean that consumers can

legally buy products from outside of Ireland that Irish retailers are banned from selling.

Restrictions on the tank sizes of the devices mean that Irish vapers are buying from non-compliant businesses here or purchasing online from France - which did not impose the restrictions. Restrictions on advertising mean that IVVA members cannot advertise their products in the way they should be allowed to - to the adult smokers in their local communities.

Independent vaping companies face unfair charges for payment processing. For example, there is an annual surcharge of €500 from Mastercard just because the businesses are related to vaping.

Joanne O’Connell, Director, Irish Vape Vendors Association (IVVA)

With growing awareness of the problem of plastic waste, retailers are facing a backlash from customers because the regulations force manufacturers to only supply nicotine-containing liquids used for vaping in 10ml bottles. This means that the average vape shop contributes thousands of extra kilograms of plastic waste annually, but this extra waste is mandated by regulations.

The complexity and contradictory nature of the regulations are causing a lack of clarity in relation to some aspects of the rules, where interpretation by enforcement officers may differ geographically.

The tobacco giants, unhappy with their main revenue stream being threatened, have resorted to their old ways of back-door lobbying, funding groups that aim to generate confusion on the issues.

A constant stream of anti-vaping articles, particularly on online click-bait websites, confuse smokers as to the benefits of switching to vaping. This is seen as a hindrance to smoking cessation in the UK, but here public health and science experts allow the confusion to continue.

The companies that make up the IVVA were some of the first who brought vaping to this country 10 years ago. They themselves had successfully quit smoking by switching to vaping, and at a time when opening a new business was difficult just after the economic crash, they persevered through regulatory uncertainty and have since helped thousands of other Irish smokers become tobaccofree. Worldwide, 90 per cent of the vaping sector is made up of independent SMEs, but opponents of vaping would have the public believe otherwise.

So, what’s the sensible solution to all of these issues? One that would see more smokers switch to vaping, public funds saved, and a vibrant and growing independent vape industry flourish?

Vaping needs its own specific regulation, putting consumer safety first and based on actual, not perceived, risks. Public health bodies need to be open with Irish smokers and inform them about the benefits of making the switch to vaping to quit smoking. And government and regulators need to talk to the independent vape industry, learn how our sector works and take on board our concerns – the IVVA’s door is open.

The IVVA states it is the only trade association for the vape industry in Ireland with no ties to the tobacco or pharmaceutical industries. It supports its members and advocates for fair and proportionate regulation for the independent vape industry and is an ISME Affiliate Member.

To find out more about the association, or to become a member, please contact info@ivva.ie

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