Ireland

COMMENTS: The Safety, Health and Welfare at Work Act, 1989 provides the definition of "place of work" as it is defined under the Public Health (Tobacco) Act 2002.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991) regulate advertising, promotion and sponsorship of tobacco products. These regulations were substantially revised by amendments adopted in 1996, 2000, 2009, and 2012. Provisions in these regulations regarding packaging and labeling were repealed and replaced by the EC Manufacture, Presentation and Sale of Tobacco Products Regulations 2003 and 2008.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 1994 (S.I. No. 28 of 1994) amend the health warning requirements contained in Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991). These requirements have since been replaced by subsequent statutory instruments.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 1996 (S.I. No. 408 of 1996) amend the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991), including provisions regarding expenditures on advertising, promotion and sponsorship.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2000 (S.I. No. 35 of 2000) amend the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991) regarding the promotion of discounted tobacco products.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) (No. 2) Regulations 2000 (S.I. No. 215 of 2000) amend the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991), including provisions regarding print publications.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2002 (S.I. No. 251 of 2002) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The Public Health (Tobacco) Act 2002 regulates, among other things, smoking in public places, workplaces, and on public transport; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling.

COMMENTS: Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products directs Member States to prohibit tobacco advertising in the press and other printed publications, radio broadcasting, information society services, and through tobacco sponsorship.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2003 (S.I. No. 480 of 2003) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (S.I. No. 425 of 2003) govern some aspects of tobacco product packaging and labeling. The regulations were amended several times and have subsequently been repealed by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2004 (Commencement) Order 2004 (S.I. No. 111 of 2004) sets out when specified provisions of the Public Health (Tobacco) (Amendment) Act 2004 come into force.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2004 amends the Public Health (Tobacco) Act 2002 and regulates, among other things, smoking in public places, workplaces, and on public transport; tobacco advertising, promotion and sponsorship; and tobacco packaging and labeling. The 2004 Amendments mandated smoke free workplaces.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2004 (S.I. No. 110 of 2004) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2007 (S.I. No. 149 of 2007) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The Public Health (Tobacco) Act (Amendment) 2004 (Commencement) Order 2007 (S.I. No. 150 of 2007) sets out when specified provisions of the Public Health (Tobacco) (Amendment) Act 2004 come into force.

COMMENTS: The European Communities (Manufacture, Presentation and Sale of Tobacco Products) (Amendment) Regulations 2008 (S.I. No. 255 of 2008) amended the European Communities (Manufacturing, Presentation and Sale of Tobacco Products) Regulations 2003, mandating that health warnings be displayed in both English and Irish and increasing the size of warnings. The regulations were repealed by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2004 (Commencement) Order 2008 (S.I. No. 405 of 2008) sets out when specified provisions of the Public Health (Tobacco) (Amendment) Act 2004 come into force.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2008 (S.I. No. 404 of 2008) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The Public Health (Tobacco) Act 2002 (Commencement) Order 2009 (S.I. No. 242 of 2009) sets out when specified provisions of the Public Health (Tobacco) Act 2002 come into force.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2009 (S.I. No. 243 of 2009) amend the Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Regulations 1991 (S.I. No. 326 of 1991) and repeal the point of sale exemption to the advertising ban.

COMMENTS: The Public Health (Tobacco) (Product Information) Regulations 2009 (S.I. No. 123 of 2009) implements the tobacco product display ban, detailing how and when display is permitted.

COMMENTS: The Public Health (Tobacco) (Self Service Vending Machines) Regulations 2009 (S.I. No. 42 of 2009) sets out restrictions on tobacco vending machines.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2009 amends the Public Health (Tobacco) Act 2002, including sections 5 (penalties), 35 (exemptions from the advertising ban), 37 (registration of tobacco sellers), and 44 (exemptions to retail sale offenses).

COMMENTS: Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (or the "Audiovisual Media Services Directive") requires Member States to prohibit tobacco advertising in audiovisual media, among other things.

COMMENTS: The European Communities (Audiovisual Media Services) Regulations 2010 (S.I. No. 258/2010) regulates audiovisual media in Ireland and, among other things, prohibits tobacco sponsorship and tobacco product placement in on-demand media.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2010 amends the Public Health (Tobacco) Act 2002 and dissolves the Office of Tobacco Control and Replaces it with the Health Service Executive.

COMMENTS: The Broadcasting Authority of Ireland General Commercial Communications Code regulates advertising on broadcast media and, among other things, prohibits tobacco advertising on broadcast media.

COMMENTS: The Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) (Amendment) Regulations 2012 (S.I. No. 525 of 2012) prohibit the supply or sale of tobacco products for free or at reduced prices.

COMMENTS: The Public Health (Tobacco) (General and Combined Warnings) Regulations 2011 (S.I. No. 656 of 2011) establish the requirements for health warnings, mandating pictorial health warnings on smoked tobacco products as of February 1, 2013. The regulations have since been repealed by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016.

COMMENTS: The European Communities (Manufacture, Presentation and Sale of Tobacco Products) (Amendment) Regulations 2011 (S.I. No. 655 of 2011) revokes the main provisions on health warnings – Regulation 5 and Schedule I – contained in the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (as amended). The regulations were repealed by the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016.

COMMENTS: The Public Health (Tobacco) (Amendment) Act 2013 amends the provisions granting the Minister of Health the power to make regulations related to promotional activities.

COMMENTS: The Public Health (Tobacco) (Control of Sales Promotion) Regulations 2013 (S.I. No. 530 of 2013) prohibit the sale and promotion of tobacco products at a reduced price.

COMMENTS: The Protection of Children's Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 bans the smoking tobacco products in cars where children under the age of 18 are present.

COMMENTS: The Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) (Fixed Charge Notice) Regulations 2015 contain the fine for the offense of smoking tobacco products in cars where children under the age of 18 are present.

COMMENTS: The Public Health (Standardised Packaging of Tobacco) Act 2015 was passed in March 2015 and requires that corporate labels and branding be removed from product packaging and replaced with brand names in a standard color and font.

COMMENTS: The European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016) implement Directive 2014/40/EU and, among other things, revise the health warnings required on tobacco product packaging; and regulate cross-border distance sales, e-cigarettes; herbal smoking products; and additives. These regulations repeal the European Communities (Manufacture, Presentation and Sale of Tobacco Products) Regulations 2003 (S.I. No. 425 of 2003) and the amendments issued in 2008 (S.I. No. 255 of 2008) and 2011 (S.I. No. 655 of 2011), and the Public Health (Tobacco) (General and Combined Warnings) Regulations 2011 (S.I. No. 656 of 2011).

COMMENTS: The Health (Miscellaneous Provisions) Act 2017 includes amendments to the Public Health (Standardised Packaging of Tobacco) Act 2015.

COMMENTS: The European Union (Manufacture,
Presentation and Sale of Tobacco and Related Products) (Amendment) Regulations 2017 (S.I. No. 252 of 2017) amend several provisions of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016) and give effect to the following European Commission Implementing Acts. These amendments include procedures for determining whether a tobacco product has a characterizing flavor, among others.

COMMENTS: The Public Health (Standardised Packaging of Tobacco) Act 2015 (Commencement) Order 2017 establishes the date by which the remaining provisions of the Public Health (Standardised Packaging of Tobacco) Act 2015 are to enter into force. Remaining stock was permitted to be sold at retail for one year.

COMMENTS: The Public Health (Standardised Packaging of Tobacco) Regulations 2017 (S.I. No. 422 of 2017) specify further requirements for the plain packaging of tobacco products, including color, form, positioning, etc. of text, identification marks, and other aspects.

COMMENTS: The European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) Regulations 2018 (S.I. No. 132 of 2018) amend one provision of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016) related to the product presentation for e-cigarettes and refill containers.

COMMENTS: The European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) Regulations (No. 2) 2018 (S.I. No. 365 of 2018) amend one provision of the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 (S.I. No. 271 of 2016) related to volume limits of e-cigarettes and refill containers.

COMMENTS: The European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) (Amendment) Regulations 2023 amend the European Union (Manufacture, Presentation and Sale of Tobacco and Related Products) Regulations 2016 to prohibit characterizing flavors in heated tobacco products.

Note: This law has not been reviewed by our legal staff and was not relied upon for purposes of our analysis. An updated analysis is forthcoming.

Most provisions of the Act came into effect on December 22, 2023, with select provisions entering into force on May 29, 2024 (Sec. 33), September 23, 2024 (Secs. 29, 30, 31), and September 29, 2025 (Secs. 26, 45(a)-(b)).