The government has announced plans to tackle underage vaping by closing a loophole that allowed free samples to be given to children.
The government is also planning a review into banning retailers selling ‘nicotine-free’ vapes to under-18s and on the rules on issuing fines to shops selling vapes to under 18s illegally to allow local Trading Standards to issue on the spot fines and fixed penalty notices more easily. It is hoped, this will complement existing fine and penalty procedures, and where possible cover both illegal and underage sales for vapes and tobacco.
The measures have been prompted by a surge in vaping amongst those under the age of 18. Recent NHS research found that in 2021 9% of 11-to-15 year old children used e-cigarettes, up from 6% in 2018.
Announcing the measures, Prime Minister Rishi Sunak said: “I am deeply concerned about the sharp rise in kids vaping and shocked by reports of illicit vapes containing lead getting into the hands of school children.
“Our new illicit vape enforcement squad – backed by £3m – is on the case, but clearly there is more to do. That is why I am taking further action today to clamp down on rogue firms who unlawfully target our children with these products. The marketing and the illegal sales of vapes to children is completely unacceptable and I will do everything in my power to end this practice for good.”
Health Minister Neil O’Brien added that the government wants to stop the product being marketed to children. “The shameful marketing of vaping products to children is leading to growing numbers trying e-cigarettes. Today we are therefore ramping up our efforts to stop kids getting hooked on vaping, including taking steps to crack down on companies handing out free vape samples to under 18s and adding lessons on the health risks of vaping within the curriculum for the first time.
“We will also review the rules on issuing on the spot fines to shops that break the law by selling vapes to underage children, and look into banning the sale of nicotine-free vapes to under 18s – which we know can be a gateway to using nicotine products. Alongside this our new specialised ‘illicit vapes enforcement squad’ will also clamp down on online shops selling illicit vapes to under 18s.
“This builds on action announced last month to protect our children’s health and tackle underage vaping, whilst exploiting the potential of vaping to help adult smokers quit.”
The measures were welcomed by the industry. Gillian Golden, CEO of the Independent British Vape Trade Association said: “Selling products to under 18s has been illegal for some years now, as have proxy sales. Those who ignore the law bring reputable retailers who uphold strict age verification protocols into disrepute. We welcome the planned review on bringing nicotine free products under existing rules and we look forward to continuing to support enforcement agencies in tackling illicit trade and illegal products.
“The loophole allowing free samples to be distributed regardless of consumer age is a gap that no self-respecting business should ever have considered exploiting. The IBVTA applauds the announcement that such activity will soon be illegal.”
John Dunne, director general of the UKVIA, also welcomed the announcement but urged tough punishment for those found to be selling to children.
“For too long some rogue firms have felt they had free reign to sell a product designed to help adult smokers quit, to youngsters because they realised that the chances of getting caught were slim at best,” he said. “Even if they get caught, the fines - which have been as low as just £26 - are no deterrent so we welcome the review into fines and repeat our calls that they should be up to £10,000 per instance and be backed up by a retail licensing scheme which would include age verification requirements and robust enforcement by Trading Standards departments up and down the country.”
Dunne also called for more support for Trading Standards to tackle the issue. “Sadly, many Trading Standards departments are not resourced anywhere near enough to clampdown on the illicit and illegal vape sales and this is an issue that the government should now look at very seriously indeed.
“Data in the possession of the UKVIA shows that very few prosecutions have been made for under age or illicit sales across the country and this must be addressed as a matter of urgency.”
No comments yet