Health and Social Services Department
Protection of Children (Nicotine Inhaling Products) (Jersey) Regulations 201-
Report
- Purpose
The purpose of the proposed regulations under the Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 is to restrict the sale of nicotine inhaling products commonly known as electronic cigarettes or vaporisers to under 18 year olds. Such a restriction is proposed to protect under 18’s from the unknown long term health harms of such products as well as from the exposure of to addictive nicotine.
- Background
Electronic (e) cigarettes (also known as vaporisers) are often, although not always, designed to look like cigarettes. There are three main types:
- Disposable products which cannot be re-charged
- Re-chargeable which come with replaceable pre-filled cartridges
- Tank systems which come with a tank or reservoir which the user fills with liquid nicotine and are re-chargeable.
The liquid in the device usually contains a variable amount of nicotine and may also contain flavorings. When the liquid is heated it evaporates and delivers nicotine to the user in the form of vapor. Some nicotine vapor is delivered into the air as the smoker inhales.
E-cigarettes are not risk free.
- Most, but not all e-cigarettes also contain nicotine.
- Nicotine is an addictive drug that stimulates the nervous system, increasing the heart rate and blood pressure.
- Nicotine has been linked with harms for people with existing heart conditions and can lead to impaired growth of babies during pregnancy (In this context Nicotine Replacement Therapy is licensed for use and is the preferred source of nicotine to support stopping smoking and is in the best interests for the health of mother and baby). Any potential risks from nicotine within Nicotine Replacement Therapy should always be viewed in the context of the known harms from continuing smoking.
Additionally, chemicals have been found in some available vaporising systems of e-cigarettes many of which are known to cause different cancers.
In the absence of effective regulation it is not possible to offer any assurance over the relative level of safety, quality and effectiveness across the growing range of available products. E cigarettes are relatively new phenomena and therefore the medium and longer term effects are not yet known.
Nationally and internationally there is growing concern of indicators of increasing use of these products by under 18’s. Although likely less harmful than using tobacco the long term health effects are largely unknown. The UK parliament have recently agreed to restrict sale to under 18’s with this coming into force on October 1st 2015. The Minister for health would urgently like to follow suit.
The implementation of these future regulations controlling nicotine inhaling products would be consistent with meeting the Tobacco Control Strategy (2010 - 2015) key objective of protecting families and communities from tobacco related harm. Nicotine is the active ingredient in tobacco increasing heart rate and blood pressure and stimulating the nervous system. Nicotine is an addictive substance and should not be supported for recreational use in under 18’s. E-cigarettes are currently unregulated leaving under 18s at risk.
Further future options to regulate the quality and efficacy of these products currently included within the European Tobacco Products Directive and coming into force this year are being considered by officers.
- Summary of proposed regulations
These regulations will make it an offence to sell or supply a nicotine inhaling product or therir component parts to a person under the age of 18 years. The regulations define the elements of what makes a nicotine inhaling product and device and sets out in what terms an offence for supply of such products is an offence. Further regulations set out exemptions to supply to under 18’s under aspects of Jersey Medicines Law. This ensures that under 18’s would be able to access such products for the therapeutic treatment of nicotine addiction.
- Summary
Given that nicotine is an addictive substance and in light of current questions over the long term safety and health risks of e-cigarettes it is the responsibility of the States of Jersey to protect Children and Young people from unknown future harms of these products. It is therefore proposed that these drafted regulations under The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, are approved to bring into effect a restriction of the sale nicotine inhaling products to under 18 year olds.
- Financial and manpower implications
The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 is enforced by Trading Standards. The Director has been engaged in the preparation of these regulations and will respond to enquiries and investigate complaints in line with other age restricted products controlled under this Law. There are no additional financial or manpower implications arising.
2 March 2016
Martin Knight
Head of Health Improvement
Public Health Directorate
gov.je