Facing an HSE Tobacco or Vape Prosecution? What Irish Retailers Need to Know
Retailers in Ireland are increasingly facing prosecution by the HSE for breaches of tobacco and vaping legislation. Investigations are typically carried out by Environmental Health Officers through inspections and test-purchase operations designed to detect unlawful sales.
The legislation governing these prosecutions includes the Public Health (Tobacco) Act 2002 (as amended) and the Public Health (Tobacco Products and Nicotine Inhaling Products) Act 2023, which introduced additional restrictions on the sale of nicotine inhaling products such as vapes and e-cigarettes.
Common offences prosecuted in the District Court include:
· Selling tobacco products to persons under 18
· Selling nicotine inhaling products (including vapes or e-cigarettes) to persons under 18
· Selling tobacco products from an unregistered premises
· Breaches of restrictions on the display or advertising of tobacco products
· Failure to comply with registration requirements for the sale of tobacco products
Retailers convicted of these offences may face fines and, in some cases, court orders prohibiting the sale of tobacco or nicotine inhaling products from the premises for a period of time. These prosecutions can have serious consequences for businesses, both financially and reputationally.
If you are facing an HSE investigation, District Court summons, or prosecution for selling tobacco or vape products, it is important to obtain legal advice at an early stage.
Michael J. Staines & Company Solicitors provide legal advice and representation to retailers in HSE tobacco prosecutions, vape sales prosecutions, and District Court regulatory offences. Early legal intervention can often assist in managing the process and protecting your business.
If you require advice or representation in relation to an HSE tobacco or vape prosecution, contact Michael J. Staines & Company Solicitors.