Convictions For Section 28 Offences (Sales Of Tobacco And Nicotine Inhaling Products) Recorded On The HSE Website For The 2025 Calendar Year

As all retailers are aware, the sale of tobacco and vaping products to minors (under 18 years of age) is a criminal offence and subject to Test purchasing by authorised officers from the Environmental Health Service (EHO’s).

The most recent list, covering all of 2025 provides details of the business name, the location and type of business and the date the case was brought to Court. It states the legislation that the conviction has been secured against and the outcome- which includes details of the fine, the costs and, where relevant, details of the time the Court has ordered the business to have its name removed from the Tobacco Retailers register.

This is the first full year that EHO’s have been empowered to make Test Purchases for vaping products, and the list includes details of 18 convictions secured for sales of vaping products to minors by “vape shops”.

There were 19 convictions of retail outlets selling either tobacco or vaping products. 36 of the 37 prosecutions cited Section 28 of the most recent Act as the basis for the charge, the other one being charged under Section 45 of the “old” Act.

While the total numbers are small in terms of the total number of retail outlets selling tobacco and vaping products nationwide (37 out of 13,000 plus), it is interesting to note some disparities in the way the Courts fine those selling tobacco to minors and those selling vaping products to minors.

The average fine for tobacco sales for the 19 convicted was €450 but it was €1,044 for those that sold a vape to a minor, a 132% variation.

The range of fines were also more marked at the upper end for the vape sector

The financial penalties set out in Section 28 are classed to be a Class B fine for a first offence, this allows the Court to apply up to €4,000 as a penalty, but this is not the only cost to the convicted retailer, whether it be a tobacco or vaping product.

When a conviction is secured, the prosecution (ordinarily a solicitor acting on the instructions of the HSE/EHS) will seek to have their costs secured by way of an Order from the judge.

Although the law provides for “special and substantial reasons” for not doing so , the Court will measure the costs sought against the level of investigation, detection and prosecution of the offence and agree an Order for costs, which, as can be seen from the analysis of the 37 convictions noted in the 2025 list, are substantially higher than the fines levied against those businesses.

Costs Awarded

In addition, retailers of tobacco products were also subjected to the Court using its powers under the Act to order the removal of the name of the business from the Tobacco Retailers Register for a period of time. As vaping retailers are not required to be on a register (but will of course be obliged to hold a licence by August 2nd of this year) no such sanction is imposed.

Of the 19 tobacco retailers convicted, the Courts imposed Removal Orders on 9 retailers, ranging from one day to seven days.

Of the 37 convictions secured, businesses from 15 of the 26 counties were noted, with a number of counties having several cases successfully prosecuted.

The 2023 Act, under which charges for the offence of selling either tobacco or vaping products to a minor are prosecuted will continue to rely on the evidence of an authorised officer (an EHO) who can affirm they observed the volunteer minor asking for a tobacco or vaping product and the person behind the counter selling it to them.

The simplest way to avoid the serious consequences, financially and reputationally, is to ensure that ALL transactions for tobacco or vaping products to young persons are conducted with the utmost of caution and only proceeded with once age requirements are met.