BACKGROUND AND IMPLEMENTATION CHALLENGES: The Health Service Executive (HSE) National Environmental Health Service (NEHS) assessed the Irish online marketplace to evaluate the level of compliance with the Tobacco Products Directive (TPD) 2014/40/EU.
This assessment demonstrated there is a vast digital landscape, which poses a challenge for enforcement bodies to monitor and regulate. It also raised concerns with a potential higher rate of non-compliance in the online market versus physical premises.
INTERVENTION OR RESPONSE: To overcome the challenge of monitoring the number of websites, this assessment focused on websites registered with the HSE for cross border distance sales (CBDS) and those with a .ie domain. The website reviews included nicotine content, volume, product presentation, and promotional practices so as to assess compliance with the TPD. Twenty of the CBDS registered websites were also checked for means of age-verification. This provided data to assist NEHS to develop enforcement strategies and approaches.
RESULTS AND IMPACT: Of the 64 CBDS registered website displays and declarations, 5% exceeded nicotine, 44% breached volume, 83% had features resembling food, and 83% used promotional tactics. Furthermore, 55% implemented minimal age-verification (Y/N question). 45% had no age verification means.
Of the 40 .ie domain websites reviewed, 3% exceeded nicotine, 48% breached volume, 88% had features resembling food, and 85% had promotions.
Overall, 83% of these websites operated outside national jurisdiction, creating significant challenges for enforcement.
CONCLUSIONS: There is a need to explore the potential use of artificial intelligence (AI) for monitoring online content so as to enhance enforcement and to close compliance gaps between the online and physical market places.
To address jurisdictional enforcement challenges cross-border cooperation between regulators is recommended.
The NEHS, conducts test purchase inspections in physical premises, this approach is not possible to implement for online sales. We recommend robust age verification standards and systems are implemented to reduce the potential risk of underage sales online.