Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Amendment: Law drafting instructions

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[THIS DECISION HAS BEEN RESCINDED BY MD-HSS-2015-0030] A decision made 17 July 2015:

Decision Reference: MD-HSS-2015-0025
Decision Summary Title :	Draft Amendment on The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009		Date of Decision Summary:	16 July 2015
Decision Summary Author:	Head of Health Improvement		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Report:	Martin Knight
Written Report Title :	The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009 Restricting the sale of e-cigarettes to under 18’s		Date of Written Report:	16 July 2015
Written Report Author:	Head of Health Improvement		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009
Decision(s): The Minister approved the request for law drafting time to draft an amendment to The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, that will bring into effect a restriction of the sale of e-cigarettes to under 18 year olds.
Reason(s) for Decision: The States of Jersey Tobacco Control Strategy (2010 - 2015) aims to reduce the harms of tobacco to families and the community. Nicotine is the active ingredient in tobacco increasing heart rate and blood pressure and stimulating the nervous system. Nicotine is also found in e-cigarettes. Nicotine is an addictive substance and should not be supported for recreational use in under 18’s. E-cigarettes are reported to be safer than smoking, but are not risk free and as well as addictive nicotine, have been found to include a range of dangerous toxins and chemicals. E-cigarettes are currently unregulated, leaving under 18’s at risk.
Resource Implications: This additional age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.
Action required: Request the law drafting department to work with Public Health Officers in drafting the necessary amendments.
Signature:		Position: Minister for Health and Social Services
Date Signed:		Date of Decision (If different from Date Signed):

Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009: Amendment: Law drafting instructions

Jersey Crest

The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009

Restricting the sale of e-cigarettes to under 18’s

Report

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 flavourings. When the liquid is heated it evaporates and delivers nicotine to the user in the form of vapour. Some nicotine vapour 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, various cocktails of chemicals have been found in the 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 these nicotine containing products would be consistent with meeting the Tobacco Control Strategy (2010 - 2015) key objective of protecting families and communities from tobacco related harm.

Summary

Given the current questions over safety and health risks of e-cigarettes it is the responsibility of the States of Jersey to protect Children and Young people from the known and unknown future harms of these products. It is therefore recommended to commence drafting of an amendment to The Protection of Children (Restriction on Supply of Goods) (Jersey) Law 2009, that will bring into effect a restriction of the sale of e-cigarettes to under 18 year olds.

Financial and manpower implications

This additional age restricted product would be captured alongside other products under the existing proof of age scheme. There are no additional financial or manpower implications arising.

16th July 2015

Martin Knight

Head of Health Improvement

Public Health Directorate

Health and Social Services