Background

The Minister for Health recently delayed the implementation of certain provisions of the Public Health (Alcohol) Act 2018 (the “Act”) until September 2028. In May 2023 the Minister for Health had signed into law the Public Health (Alcohol) (Labelling) Regulations 2023 (the “Regulations”) and S.I 248/2023, which provided that section 12 of the Act, which introduces health warning label requirements for alcohol products, would come into force on 22 May 2026. This obligation has recently been deferred, with the Minister for Health citing this to be “in light of economic circumstances”, in response to a recent parliamentary question.

Why the Act was introduced

The Act was introduced to address concerns around alcohol consumption in Ireland and the related social, health and economic harms that can stem from its misuse. In 2012, the Department of Health’s Steering Group Report on a National Substance Misuse Strategy recommended introducing legislation which could address these harms.

The Act was first proposed in Bill form in 2015 and signed into law on 17 October 2018, providing a legislative basis to address the concerns regarding alcohol consumption on public health grounds. The Act provides for a minimum price per gram of alcohol and grants the Minister for Health the power to increase that price. The Act also introduces measures regarding the labelling of alcohol products, including health warnings and details of their alcohol content.

What aspects of the Act are currently in force?

There has been a staggered implementation of the various provisions of the Act. Section 22 of the Act came into force in November 2020, requiring alcohol products to be separated from other groceries when sold in retail outlets. This section is designed to reduce the visibility of alcohol products to children.

• Section 23 was introduced in January 2021, creating regulations concerning the sale and supply of alcohol products. These prohibit the use of loyalty cards or points when selling alcohol. These also restrict the sale of alcohol at reduced prices or free of charge when purchasing other alcohol products.
• Sections 15 and 16 of the Act entered into force in November 2021. These sections provide restrictions on advertising and sponsorship of alcohol products, and were implemented with the aim of separating alcohol consumption from sporting events. These provisions include a prohibition on alcohol advertising and sponsorship for events concerning children or events where most of the participants are children.
• Section 11 of the Act was introduced in January 2022, providing for minimum unit pricing (“MUP”) for alcohol. The Government acknowledged MUP will not necessarily impact sales for most alcohol products, but could impact those that are sold cheaply relative to their strength. MUP was implemented to reduce the likelihood of strong alcohol products being affordable for young people.
• Section 19 of the Act came into effect in January 2025 and concerns broadcasting restrictions around alcohol. This limits the times that alcohol advertisements can be on television and radio. For television, the restriction is in place from 3am until 9pm whilst for radio the restriction is in place on weekdays from 3pm until 10am the next day.

Upcoming changes

• Section 12 of the Act was commenced in May 2023 and was due to come into force in May 2026. However, in July the Minister for Health introduced S.I. 422/2025 and S.I. 423/2025, which delayed the implementation of this section and the Regulations until 3 September 2028. Section 12 and the Regulations outline health labelling requirements that alcohol products will need once they are in force.
• Section 12(1) makes it an offence to sell alcohol without a warning label about the danger of alcohol, particularly when pregnant. The label must note the direct link between alcohol and cancer, and that drinking alcohol can cause liver disease. The alcohol quantity (in grams) and the energy value in kilojoules must be displayed, along with details of the HSE’s website containing public health information regarding alcohol consumption.
• Section 12(3) creates an offence of selling alcohol in a reusable container unless the container comes with a document specifying the labelling requirements under section 12(1). A person guilty of an offence under section 12(1) or 12(3) shall be liable on summary conviction to a class A fine or up to six months imprisonment, or both. If on indictment, a person could be liable to a fine up to €250,000 or up to three years imprisonment, or both.
• Section 12(4) will require notices in licensed premises with health warnings regarding alcohol consumption. A document specifying the relevant alcoholic quantity and energy value must be available on request.
• Section 13 and 18 of the Act have yet to be commenced but relate to alcohol advertising, requiring similar details of the associated risks to those required by section 12. It would seem unlikely that these will be commenced any time soon, given the deferral of section 12.

Conclusion

This deferral will be welcomed by industry, which has undoubtedly been making preparations for the original May 2026 labelling deadline. These preparations will now be put on pause, and the new date of September 2028 will need to be kept in mind to ensure compliance measures are implemented accordingly and in a timely fashion.

In addition, the position should continue to be monitored in terms of any changes which might occur to the requirements between now and then.

For more information, please contact our Food and Agri Group or Competition and Regulated Markets Group. 

Thank you to Andrew Murphy for his assistance with this piece.