Ireland’s HSE finds over a fifth of vape shops tested still selling to children despite under-18 ban

Key Takeaways

• Findings: 51 retailers sold to children in 224 tests between January and October, over 22%

• Enforcement: HSE’s National Environmental Health Service enforces the under-18 sales ban

• Timeline: ban effective December 22, 2023; test purchasing powers since March 2024

• Penalties: up to €4,000 fine and up to six months in prison

• Legislation: Public Health (Single Use Vapes) Bill progressing, proposing restrictions on disposables, flavours and packaging

2Firsts, January 5 2026 – According to the Irish Times, more than a fifth of vape shops tested were selling nicotine-inhaling vaping devices to children, despite a ban on sales to under-18s.

Between January and October last year, 51 retailers were caught selling vapes to children, representing more than 22% of the 224 shops where inspectors carried out tests to see if the devices would be sold to under-18s. The inspections were carried out by the HSE’s National Environmental Health Service, which enforces a 2023 law banning the sale of nicotine-inhaling vaping products to children.

The ban took effect on December 22, 2023. Since March 2024, the HSE has had the power to carry out “test purchasing” to detect retailers continuing to sell to children. In 2024, the HSE carried out 223 test purchases and found 40 retailers selling to under-18s. This rose to 51 retailers out of 224 tests in the first 10 months of last year.

Retailers caught selling vapes to under-18s can face a fine of up to €4,000 and up to six months in prison.

Ireland also regulates the safety, quality and advertising of vapes through a 2016 European Union directive. In 2024, the HSE carried out 256 inspections to ensure basic regulations were being upheld, and served 14 prohibition orders stopping the sale of unregulated vapes at shops it considered non-compliant. Between January and October last year, 36 prohibition orders were served following 496 inspections.

The figures were released by the HSE in response to a parliamentary question from Malcolm Byrne, the Fianna Fáil TD for Wicklow-Wexford. Byrne described nicotine inhaling as a serious public health risk and said the devices may help some give up cigarettes but still involve inhaling a dangerous substance.

A proposed law to ban the sale of disposable electronic cigarettes or vapes is progressing through the Oireachtas. The Bill aims to make vapes less attractive or accessible to children by banning cheaper disposable vapes, restricting flavours, limiting flavour descriptions to the basic name, and restricting colours and images on packaging. It is also intended to lessen the environmental impact of disposable nicotine products.

Byrne wants the Public Health (Single Use Vapes) Bill to include an outright ban on brightly coloured and sweetly flavoured nicotine devices, which he said are alleged to be targeted at children. He called for the Government to amend the Bill at committee stage to address flavoured vapes and colourful packaging.

Image source: Irish Times