Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
Investigatesillegal vapesOVER 3,500 VAPES have been seized from shops by the HSE for breaching regulations since the start of 2024, new figures show.
Disposable vapes found with too much e-liquid, nicotine strength beyond the legal limits and incorrect or missing health and safety information on the packaging were among the breaches recorded.
Some vapes that claimed to be nicotine-free were also found to contain the addictive drug.
The vapes were seized as part of inspections by the HSE’s National Tobacco Control Office.
A total of 33 prohibition orders were issued to 26 retailers and seven importers across the country.
The orders were released to The Journal Investigates under the Freedom of Information Act.
Earlier this year, our team conducted an undercover investigation which found that vapes that failed to meet the regulations were being sold in shops across Dublin.
These included products with multiple times the legal amount of e-liquid, expired vapes and packaging that lacked the correct health warnings.
Investigations like this don’t happen without your support… Impactful investigative reporting is powered by people like you.
Ireland is covered by strict EU laws surrounding the production, distribution and sale of vaping products.
These regulations limit the amount of e-liquid in a disposable vape to 2ml and also limit the nicotine strength to no more than 20mg/ml.
Vapes should only be sold in child-resistant packaging, with further restrictions on advertisement and promotion of vaping and other e-liquid products.
Products must also contain a health and safety information card in the box and display the health warning in both Irish and English.
Among the vapes that were seized, there were some significant breaches of the regulations.
An importer of vapes, whose name was redacted by the HSE, had 120 units of the QST Puff Flex 2800 seized following an inspection. Lab testing found that these had a nicotine strength greater than 30mg/ml – more than 50% the legal limit.
Me Smart, a retailer in Meath was also served a prohibition order after Coolplay X15 vapes being sold were found to have a similar nicotine strength.
In Cork City, the HSE also seized 32 units of Fantasi refillable e-liquid for breaching several regulations from the Vape Store outlet on Malboro Street.
Significantly, the product is the subject of a RAPEX alert – the EU’s rapid alert system for dangerous non-food products.
The alert, which was issued in 2023, orders that the product be withdrawn from the market due to it containing an excessive volume of e-liquid and concentration of nicotine.
Lab analysis confirmed that the e-liquid seized in Cork had a nicotine strength of over 25mg/ml.
The HSE’s inspection letter also notes that the product was out of date at the time and that the packaging does not include the required health and safety warnings, nor does it indicate that it is not intended for children.
This is significant because another breach recorded in the inspection letter was that the product packaging resembles a food product, something that may be misidentified by a young child and ingested.
Among the 339 vapes seized at 24 Store – a shop in Cavan – was a vape that claimed to be nicotine-free.
But after lab testing, it was found to contain 19mg/ml of nicotine. It also contained almost five times the legal limit of e-liquid.
This wasn’t the only time a ‘nicotine-free’ vape was found to have nicotine in it, with similar products found at two other retailers in Dublin.
At Quick Fix on Parnell Street, HSE inspectors found a vape that was labelled as ‘0% nicotine’, but when “this sticker was removed it revealed that the original label on the packaging stated ‘2% nicotine’”.
It is not clear who put the sticker on the vape, but the HSE’s letter described it as “very concerning” that customers were being misled.
Lab analysis later confirmed that the vape contained nicotine, though it also breached the rules on the volume of e-liquid allowed.
A third vape claiming to be nicotine-free was also found in Fast on O’Connell Street.
The packaging of the McKesse MK Bar stated that it had no nicotine but once again, lab testing proved otherwise.
In June, the HSE issued a RAPEX alert for this vape, instructing all retailers to stop selling the product.
At Sligo Vape, 410 vapes were seized by the HSE. This was the highest number of vapes seized from any one location.
Lab testing on the seized vapes found that the nicotine strength in some of them exceeded 25mg/ml, beyond the legal limits.
The volume of e-liquid also ranged from over 3.5ml to 18ml – more than nine times the legal limit.
Three other retailers had over 300 vapes seized, including two in Longford and another in Cavan.
Candy Cloud, a retailer in Longford selling vapes and American sweets, had almost 400 units of a single vape seized – the Hayati Pro Max.
This vape was by far the most common vape seized by the HSE – found during 13 inspections. Roughly half of all the vapes seized by the HSE were the Hayati Pro Max.
Testing showed it contained more than the legal limit of e-liquid.
Our team contacted Hayati’s Chinese manufacturer, PAX International Limited, about the product being sold in Ireland and how it ended up here.
However, the company did not respond by the time of publication. It is unclear what company was responsible for supplying the product into the Irish market.
Another retailer in Longford, Hotspot Tec [sic], had 301 vapes seized, including one brand that was found to contain e-liquid ranging from 7-20ml, substantially higher than the 2ml allowed.
Failure to comply with a prohibition order is a criminal offence and can lead to a prosecution.
The HSE can also ask the High Court to enforce the prohibition order if it is not complied with.
As for what happens to the vapes that are seized, a spokesperson for the HSE told The Journal Investigates they’re destroyed, with a waste management company contracted to ensure it’s done safely.
They also said that members of the public can alert them to the sale of vapes that breach the regulations by contacting their local Environmental Health office.
Reporter: Conor O’Carroll • Editor: Maria Delaney • Social Media: Cliodhna Travers • Main Image Design: Lorcan O’Reilly
To embed this post, copy the code below on your site
have your say