Industry, retailers and trade bodies respond to third reading of Tobacco and Vapes Bill

The UK Government’s plan to create a smoke-free generation by gradually raising the age at which tobacco products can be bought cleared the House of Commons yesterday in its third reading.

MPs voted 366 to 41, majority 325, to approve it. Health Minister Ashley Dalton said in the Commons that the bill was: “The next step in a long history of action on tobacco.”

Under the proposals, anyone born on or after January 1 2009 will be prevented from legally smoking if the bill becomes law. It also aims to ban the sale of all vaping or nicotine products to under 18s and details a total ban on vape advertising and sponsorship, including displays seen by children and young people such as on buses, in cinemas and shops, is included in the proposals.

Naturally, this developing story has been of keen interest to the nation’s convenience retailers, who will of course be impacted directly by any changes that are finalised.

New clauses in the act were numerous, with one detailing a little more about the vape advertising ban that the Government is proposing.

Labour MP Mary Glindon explained a little on this with regards to dedicated vape stores. “The new clause would create a limited and tightly defined exemption from the new advertising restrictions for in-store promotional materials in specialist vape shops, provided that these are not externally visible and that they meet any conditions around health warnings set by Ministers.

“These vape stores provide adult smokers with important advice and product consultations in their journey away from tobacco, and I have seen that in action.

Voicing his concern on changing rules around advertising vapes, Conservative MP Jack Rankin, said: “What concerns me primarily is the blanket ban approach to marketing, particularly for vapes and nicotine products. I know that many across this House have supported the new clauses and share those concerns.

“Adult smokers do need to know that there is a safer alternative to cigarettes.”

“Although I totally support the need to stop disposable, rainbow, candy floss-flavour vapes being aimed at children - that is absolutely unacceptable - adult smokers do need to know that there is a safer alternative to cigarettes.

“Many smokers now believe vaping to be as dangerous as cigarettes. Cancer Research UK has found that 57% of adult smokers think that vaping is just as harmful, if not more harmful, than smoking cigarettes. The risk of a draconian approach to vaping, as I consider the bill to take, will only reinforce that incorrect messaging, which is damaging to public health.”

A further expansion in the bill relevant to retailers was also highlighted by Glindon. “New clauses 6 and 7, which stand in my name, would introduce a requirement for retailers in England and Wales to include age verification at the point of use. While the Bill seeks to tackle youth appeal, a fundamental issue is left unaddressed.

“Once a vaping product leaves a shop, there’s no barrier to its being used by children, but technology against this already exists. I met with a company that has developed low-cost, Bluetooth-enabled chips that pair with a mobile app for secure identity verification. Its technology also includes geofencing, which can disable devices in certain areas, such as schools. The new clauses would harness the potential that innovation has to offer to address youth vaping accessibility head-on.”

Responding to the third reading, a group of retailers including Atul Sodha, Kay Patel, Natalie Lightfoot, Neil Godhania, Avtar Sidhu, Dee Sedani and Pinda Cheema have sent an open letter to the Government. It reads:

“As small retailers and corner shop owners across the country, we’re deeply concerned about the proposed restrictions on advertising freedoms within the bill. It proposes stringent restrictions on how we can advertise and display tobacco and vaping products.

“These products account for a significant portion of our sales, and limiting our ability to communicate with adult consumers around safer nicotine products than cigarettes have a direct and damaging impact on our revenue.

“Restrictive advertising rules will only serve to hurt law-abiding small businesses…”

“While we understand and support efforts to curb youth access to these products, we believe that overly restrictive advertising rules will only serve to hurt law-abiding small businesses, while illicit trade and unregulated markets continue to flourish.”

Meanwhile, trade bodies and campaign groups have also been quick to respond. Mark Oates, founder of WeVape, expressed his concerns: “This Bill risks inadvertently weakening the decline of smoking in Britain. Whilst we welcome some aspects of it, like a licensing scheme to tackle rogue traders and stop children from vaping, banning advertising and increasing taxes on vapes deters smokers from making the switch.

“The anti-vaping messaging we’ve seen now means 57% of the country’s six millions smokers think vaping is as bad for them as cigarettes. This is a disaster worsened by an advertising ban that stops retailers from telling smokers there is a far less harmful way to consume nicotine through vaping.

“The consensus among experts from the NHS to Cancer Research UK is vaping is a vital tool in creating a smoke-free UK, an assessment that should never be overlooked when trying to eradicate the consumption of cigarettes.”

Elsewhere, Eve Peters, director of Government affairs for Elfbar in the UK, said: “The Government must carefully evaluate the evidence before implementing further restrictions on vaping. We support measures like a vape tax, retail licensing system and a vending machine ban.

“However, proportionate regulation, particularly on flavours, is essential for the Government to avoid undermining its smokefree ambition. New research shows two million UK vapers (35%) would resort to illegal single-use vapes, return to smoking or smoke more if overly restrictive regulations are imposed on flavours, display and packaging alongside the upcoming single-use ban in June.

”With the single-use ban set to disrupt over 60% of the market and potentially increase smoking rates, a full public health impact assessment following the ban is needed before considering additional measures.”

You can read the full report of yesterday’s debate in parliament here.