The new Tobacco and Vapes Bill has sparked warnings of “chaos” from manufacturers, particularly when it comes enforcing the generational smoking ban.
JTI has warned that the burden of enforcing such a ban will fall squarely on retailers, and disproportionately on smaller, independent retailers, potentially increasing the risk of physical and verbal abuse.
In response to the Bill being laid before Parliament earlier this week, JTI said: “The proposed generational ban and subsequent increase in ID checks will put retail workers at even greater risk, particularly in small and independent businesses that have no security staff or additional protections.”
It urged the government to focus on “evidence-based, effective solutions”, and implement a minimum age of sale of 21 instead. “Government modelling shows that raising the minimum age of sale to 21 could achieve an equivalent fall in youth smoking as a generational ban, when ‘The majority of smokers start before the age of 20’ according to the Government press release.
“Not only would increasing the age of sale to 21 help deliver the same health outcomes, it is simpler and less burdensome for retailers, and removes serious challenges pertaining to the legality of a generational smoking ban in Northern Ireland.
JTI added that with the announcement that the Republic of Ireland would raise the minimum age for sale of tobacco from 18 to 21, “preliminary legal advice suggests Ireland cannot pursue a ‘smokefree generation’ policy as has been suggested in other jurisdictions due to the EU’s Single Market rules and Tobacco Products Directive” and that “Under the Windsor Framework, Northern Ireland follows these same EU provisions which would prevent the introduction of a generational smoking ban in this part of the UK.”
Head of BAT UK & Western Europe, Asli Ertonguc welcomed the licensing proposal but warned that there won’t be enough of a deterrent. “We have long called for and supported tighter restrictions on where vaping products can be sold. A retail licensing system is a necessary intervention to clamp down on underage access, so we welcome the introduction of such a system in this new Tobacco and Vapes Bill. A retail license works for alcohol, and we believe it will work for vaping.
“However, we are disappointed at the level of fines the Government appears set to implement for those caught breaking the law as it is unlikely to deter unscrupulous retailers.
Prioritising enforcement, be it through more resource and harsher penalties, is the only way to ensure that any regulatory change has the desired impact.”
Research carried out by BAT found that 76% of retailers are in favour of a licensing scheme.
In response to the planned consultation on flavours, BAT has reiterated its support for a ban on flavours that appeal to the underage, such as those that resemble desserts, sweets, or soft drinks but warned that fruit flavours are important for adult smokers looking to transition away from cigarettes.
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