The Tobacco and Vapes Bill, introduced in UK Parliament today (Tuesday 5 November) will phase-out the sale of tobacco products across the UK to anyone aged 15 or younger this year, and will also include powers to introduce a licensing scheme for retailers to sell tobacco, vape and nicotine products in England, Wales and Northern Ireland.
Registration in Scotland will be extended to include additional goods, such as non-cigarette nicotine and herbal products.
The generational ban on the sale of tobacco will come into force in 2027, meaning that there will be a single date that retailers have to reference for age restricted sales on tobacco – rather than checking if a customer is over the age of 18.
The Bill will also introduce on the spot fines of £200 to retailers found to be selling these products to people underage in order to protect law-abiding businesses and tackle illicit products from being sold.
In addition, the Bill includes a ban on vape advertising and sponsorship, plus powers to restrict the flavours, display and packaging of all types of vapes, as well as other nicotine products.
Health and Social Care Secretary, Wes Streeting, said: “This government is taking bold action to create the first smokefree generation, clamp down on kids getting hooked on nicotine through vapes, and protect children and vulnerable people from the harms of second-hand smoke.”
The government said it would support current smokers to quit by exploring standardising packaging for all tobacco products, for example cigars or pipe tobacco.
Association of Convenience Stores chief executive James Lowman said: “A licensing scheme has the potential to help tackle the illicit market and punish those who sell to children, but unless properly structured it could also prevent legitimate traders from operating based on the presence of other outlets in the area, or the specifics of where that store is located. This requires detailed consultation with local shops and other stakeholders, and none of this has taken place. We now need proper discussion of the detail as regulations are drafted, or we fear that this legislation will significantly impact investment, growth and service provision in our sector.
He continued: “The Tobacco and Vapes Bill will require retailers to make significant changes in their businesses, both on age restricted sales processes and the way that their stores are stocked and managed. It is essential that the Government provides retailers with clear guidance on the rules, and communicates the changes not just with retailers, but with the public as well.
“The introduction of £200 fines to act as a deterrent for retailers selling products to underage customers is welcome, but we are concerned that there is not enough enforcement right now to deal with the rogue operators in the tobacco and vaping market. Trading Standards need significantly more funding to be able to make a difference through targeted local enforcement, not just against those selling to young people, but also those who sell illicit products.”
News of the introduction of licensing scheme powers was welcomed by the UK Vaping Industry Association (UKVIA), which claimed: “This represents a victory for law abiding vape businesses who have been campaigning for years for such regulation to stop rogue traders in their tracks from selling to minors and establishing a lucrative black market”.
UKVIA Director General John Dunne said: “We have been consistently calling on successive governments to introduce a robust and effective industry licensing scheme, backed up by fines of at least £10,000 for retailers and £100,000 for distributors who trade illegally when it comes to underage and illicit vape sales. The scheme we have developed and recommended is designed to generate upwards of £50m per year to support a highly resourced national Trading Standards enforcement programme.”
The methodology behind the UKVIA’s suggested scheme was based on extensive research into the implementation, structure, benefits
and pitfalls of existing schemes, including Scotland’s Register of Tobacco and Nicotine Vapour Product Retailers.
Dunne continued: “It is not clear whether the government will include vape distributors in their plans, but we are clear that any scheme must do so to be successful. The fines of £200 announced need to be much higher if they are going to make rogue traders think twice about breaking the law.
“However, I am delighted that vape licensing is now firmly on the policy agenda, so that youth and illicit vaping can successfully be tackled and the complete focus of the category can once more return to helping adult smokers quit. We stand ready to work closely with the government to ensure such a scheme is fit for purpose.”
As regards the creation of new government powers to restrict flavours, display and packaging of all types of vapes, Dunne added: “We will want to understand the detail of these powers as it is imperative that the new government establishes a balanced approach to vaping policy which safeguards against the very real challenges of youth vaping and illicit products, while preserving and promoting vaping as the most successful stop smoking tool available for adults.
“In particular, the government needs to take on board the critical role that flavours play in the appeal and success of vaping as a harm reduction tool. Therefore, there is a need to put the focus on restricting inappropriate flavour names, not flavours.
Dunne concluded: “We believe that the best way to address youth vaping and the black market, and not penalise adult smokers who want to quit using vapes is through a licensing scheme.”
The Independent British Vape Trade Association (IBVTA) was pleased to hear of certain measures within the Bill, but warned of too much red tape.
IBVTA chair Marcus Saxton, said: “There are things to be welcomed in this Bill, such as strengthened powers of enforcement against retailers who engage in illegal sales. However, there is also a danger that with so many legislative avenues being sought to reduce youth uptake of vaping, ‘regulatory overkill’ may hamper the future of vaping as the UK’s leading quit aid for adults.
“The IBVTA looks forward to working positively and progressively with the Government to ensure that vaping becomes less accessible and desirable to children, and to adults that would not otherwise be smoking. However, this can only be considered successful in the context of continuing the decline in adult smoking rates that has accompanied the growth of the UK’s vape sector.
“Excessive restrictions on the types of products that our members can provide may reduce the products’ appeal. Even worse, they may contribute to continued misperceptions about the harm of vaping relative to tobacco smoking. Specifically, the role of flavours in supporting adult smokers to a successful quit attempt is accepted and understood by most public health stakeholders, and we believe to have been fundamental to the success of vaping in reducing smoking rates. Therefore, any reference to potential powers to restrict flavours is very worrying, as it threatens the government’s own goal of the UK becoming smoke free by 2030.
It is vital that more smokers understand that switching to vaping is of much lower harm, and can help them to quit smoking for good.”
