The two main areas of concern for vapers are:
- Bill will also ban vape advertising and sponsorship, as well as create new powers to restrict the flavours, display and packaging of all types of vapes
- Combined with on the spot fines, tougher action on enforcement and tighter regulation on vaping, the Bill will protect children and young people from harm and addiction
The bill is in addition to the upcoming disposable vape ban and vape tax announcement which already have made many vapers feel as though they are being punished for quitting a dangerous tobacco habit!
What Does This Mean For UK Vapers?
Michelle Jones, editor of the vaping website Ecigclick, stated the following in response to the bill…
Flavours
Sadly the UK Tobacco & Vapes Bill 2024 – despite being vague – potentially could impact flavours and the freedom to vape.
The government will be giving itself the power to restrict flavours – even if not immediately acted upon; it does mean this is an option. With the bad press and public outrage towards vaping, I believe flavour restrictions will be coming in the near future. I really hope I am wrong.
Of course as all vapers know, flavours are a huge part of the experience. Personally I have found very few tobacco flavour (yes tobacco is also a flavour) e-liquids which I actually enjoyed. When I first started vaping back in 2013 there were only Menthol or Tobacco flavours to choose from. I detested both, sold my vape kit and gave up the idea of vaping and went back to smoking.
At the age of 49 I find myself vaping Bubblegum flavour to keep me away from smoking. This has worked for over 5 years now!
But flavours apparently are what are attracting young people to vape. Years ago they would have picked up a revolting tasting cigarette instead. That did not stop them smoking?
How many people will either return to smoking or source illicit supplies if flavours are heavily restricted?
A new research paper has been published titled “E-cigarette Flavor Restrictions’ Effects on Tobacco Product Sales“.
In areas where flavours had a full ban there was a 0.354% reduction in vape sales alongside a 0.2 increase in cigarette pack sales per person.
“Matching new flavor policy data to retail sales data, we find a trade off of 15 additional cigarettes for every 1 less 0.7 mL ENDS pod sold due to ENDS flavor restrictions. Further, cigarette sales increase even among brands disproportionately used by underage youth. Thus, any public health benefits of reducing ENDS use via flavor restrictions may be offset by public health costs from increased cigarette sales.”
Also the vaping advocacy group We Vape have conducted their own polls.
One of the questions was…
“The Government is considering restricting vape flavours and having ‘tobacco flavour’, menthol and a ‘fruit flavour’ only. If this were to go ahead, what would you be most likely to do? (Choose one)”
A whopping 35.4% answered “Continue to buy flavoured vapes if they are available online, abroad or elsewhere.”
Another question asked…
“If the Government were to restrict vape flavours, how likely would you be to go back to smoking within the next 12 months?”
Sadly 11.5% responded that they would be highly likely to return to smoking and another 10% said they would be quite likely to go back to smoking.
Public Image Of Vaping
Banning vaping in smoke free areas reinforces the poor public image of vaping. For some members of the public, these measures may mean that people equate smoking with vaping in terms of risk.
Back in August 2023, ASH (Action on Smoking & Health) reported that they found 4 in 10 smokers wrongly believed vaping was as harmful / or more harmful than smoking! The Tobacco and Vapes Bill will keep this misperception thriving and deter people switching from smoking to vaping.
Whilst I have no issue what packaging my vape arrives in, plain packaging could again send a negative message that smoking and vaping are both dangerous.
Some of the “experts” quoted on the gov.uk website seem to be ignorant to the fact that far more adults vape to escape tobacco smoking.
It is hard to comprehend how the UK government have travelled from their positive Swap To Stop campaign announced in April 2023 to the punishing of vapers with taxes, disposable vape bans and now this new bill.
The Khan Review in June 2022 was very positive towards vaping as a means to cut down the UK smoking rates. It appears the government have taken little notice of the findings.
Brunel University conducted a study and the results published in August 2023 stated that the “NHS would save more than £500m a year if half of England’s adult smokers vaped instead“.
Under Age Vaping
As for preventing under age vaping – ASH published their vaping data survey results in August 2024 which showed that youth vaping rates have stabilised and even reduced in some categories.
Another fact sheet from ASH stated that youth smoking rates have declined heavily.
In 2000 the number of current smokers aged 16 and under was 19%. By 2018 this had dropped to 5%. This dropped further to 3% in 2021. So this does show that young people have taken up vaping but they have also been avoiding tobacco.
Enforcement
A licensing system I do believe will be helpful in trying to tackle the huge illicit market and those flogging vapes to under age people. Also any funds raised from the system could be used to better enforce the regulations.
It has been reported how underfunded and under-resourced Trading Standards (the agency who are responsible for the regulation) are. Very few prosecutions for under age sales actually materialise and the fine structures are low.
The UKVIA launched their “Be Vape Vigilant” campaign in late 2023 to encourage reporting of rogue traders engaged in under age or illicit vape sales. Over 100 people reported retailers and 47% of reports related to illegal or illicit products and 18% reported under age sales. The results also highlighted how 2 of the rogue sellers had previously been reported to Trading Standards but were continuing with sales.
We have strict rules (TPD) on the content of vapes. The e-liquid capacity and nicotine strengths are capped. Sadly illicit sales of devices and e-liquid exceeding these restrictions are – as We Vape found – extremely common – this is before further regulation and bans. If people are unable to obtain what they need legally at a price they can afford they will turn to illicit and “Black Markets”.
Illicit sales will not adhere to age restrictions or TPD laws and dangerous devices with poor electrical or chemical safety could be getting into the hands of the public and children.
I guess it will just be a case of “Wait and see” to establish how heavily vaping will be restricted.”
View consumer, advocate and industry responses along with our full article here https://www.ecigclick.co.uk/uk-tobacco-vapes-bill-2024-introduced/
ENDS
Notes to editors
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