Found: Letter from Lord Carlile of Berriew to Baroness Merron (Dept of Health and Social Care) re: Tobacco and Vapes Bill

Found: Letter from Baroness Merron (DHSC) to Lord Carlile of Berriew re: Tobacco and Vapes Bill, 16 March 2026

Found: 16 March 2026 Dear Lord Carlile, Thank you for your letter of 4 March concerning the Tobacco and Vapes Bill

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether the Department for Business and Trade has made any assessment of the potential effect of the measures in the Tobacco and Vapes Bill on (a) restaurants, (b) pubs, (c) small and independent retailers.

Answered by Sharon Hodgson

The Department published an impact assessment for the Tobacco and Vapes Bill during its parliamentary passage. This included analysis of the expected impact on businesses from the bill measures, including small and micro businesses, retailers, and the hospitality sector.

Broadly, the analysis concluded that the measures in the bill will introduce some cost to business, including familiarisation costs and potential impacts from reduced tobacco, vape, and nicotine product sales and lost profits. We also expect that the bill’s measures will deliver a range of benefits, particularly wider public health benefits. For example, the smoke-free generation policy is expected to deliver significant health benefits to individuals and reductions to the National Health Service, social care, and productivity costs by reducing the number of people taking up smoking. Overall, the estimated net benefit of the smoke-free generation policy is over £30 billion, in 2024 prices, over 30 years.

Question to the Department of Health and Social Care:

To ask His Majesty's Government in light of the data published by the Office for National Statistics on 19 February showing decreasing life expectancy for males and females and a gap in healthy life expectancy between local areas, whether they are on track to deliver the shift to sickness to prevention and the reduction in health inequalities committed to in the 10-year Health Plan for England.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Office for National Statistics’ publication on 19 February showed that healthy life expectancy decreased between 2022 to 2024, although overall life expectancy increased.

The Government is committed to ensuring everyone lives well for longer, regardless of where they are from. This is set out in our ambitious commitment to halve the healthy life expectancy gap between the richest and poorest regions.

The key to achieving this is shifting from sickness to prevention, and we are already delivering that shift. For example, through our landmark Tobacco and Vapes Bill to create a smoke-free Britain, alongside decisive action to tackle childhood obesity and create the healthiest generation of children ever. Additionally, we have fulfilled our commitment to restrict junk food advertising targeted at children on television and online.

We will be supporting people to make healthier choices when it comes to alcohol, and this includes strengthening and expanding alcohol labelling. We will also tackle air pollution, which particularly affects working class communities. This spring, we will publish the Cardiovascular Disease Modern Service Framework, which will drive action on the Government’s ambition to reduce premature mortality from heart disease and stroke through evidence-based interventions, innovation, and tackling unwarranted variation and inequalities in care.

The Government can’t do this alone. We will succeed by taking a whole society approach, and as such we will work in parentship with business, civil society, and citizens to drive our national mission and empower individuals to live well for longer.

Question to the Department of Health and Social Care:

To ask His Majesty's Government, in light of the data published by the Office of National Statistics about healthy life expectancy on 19 February 2026, whether they are on track to deliver the shift from sickness to prevention and the reduction in health inequalities committed to in the 10 Year Health Plan for England.

Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)

The Office for National Statistics’ publication on 19 February showed that healthy life expectancy decreased between 2022 to 2024, although overall life expectancy increased.

The Government is committed to ensuring everyone lives well for longer, regardless of where they are from. This is set out in our ambitious commitment to halve the healthy life expectancy gap between the richest and poorest regions.

The key to achieving this is shifting from sickness to prevention, and we are already delivering that shift. For example, through our landmark Tobacco and Vapes Bill to create a smoke-free Britain, alongside decisive action to tackle childhood obesity and create the healthiest generation of children ever. Additionally, we have fulfilled our commitment to restrict junk food advertising targeted at children on television and online.

We will be supporting people to make healthier choices when it comes to alcohol, and this includes strengthening and expanding alcohol labelling. We will also tackle air pollution, which particularly affects working class communities. This spring, we will publish the Cardiovascular Disease Modern Service Framework, which will drive action on the Government’s ambition to reduce premature mortality from heart disease and stroke through evidence-based interventions, innovation, and tackling unwarranted variation and inequalities in care.

The Government can’t do this alone. We will succeed by taking a whole society approach, and as such we will work in parentship with business, civil society, and citizens to drive our national mission and empower individuals to live well for longer.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what plans he has to publish an implementation timetable for the regulations under the Tobacco and Vapes Bill.

Answered by Sharon Hodgson

The Tobacco and Vapes Bill is in its final stages, awaiting Royal Assent.

We published a call for evidence to inform future regulations on licensing, registration, vape flavours, and appearance, which closed on 3 December 2025.

On 13 February, we launched the consultation on smoke-free, heated tobacco-free, and vape-free places in England, which closes on 8 May, and which is available at the following link:

https://www.gov.uk/government/consultations/smoke-free-heated-tobacco-free-and-vape-free-places-in-england/smoke-free-heated-tobacco-free-and-vape-free-places-in-england

The devolved administrations will run separate consultations. Following Royal Assent of the bill, we will further develop proposals for secondary legislation, including public consultation. This will help to inform our implementation schedule, and we will update on it in due course.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what assessment his Department has made of the potential impact of obstructive sleep apnoea (OSA) on cardiovascular disease (CVD) outcomes; what steps his Department and NHS England are taking to improve OSA diagnosis and treatment; and whether his Department plans to recognise OSA as a cardiovascular risk factor within the upcoming CVD Modern Service Framework.

Answered by Sharon Hodgson

Well-established cardiovascular disease (CVD) risk factors such as smoking, excess weight, diabetes, and heart failure are also associated with an increased risk of obstructive sleep apnoea (OSA) and the Government is taking wide-ranging action to tackle these underlying risk factors. This includes delivering a smokefree generation through the Tobacco and Vapes Bill, expanding access to weight management support through National Health Services, and investing in prevention and treatment programmes such as the NHS Digital Weight Management Programme and the Healthier You NHS Diabetes Prevention Programme, which support people to reduce their risk of developing CVD and related conditions.

As set out in the 10-Year Health Plan, we will publish a new CVD Modern Service Framework (CVD MSF) this spring. The CVD MSF will focus on the interventions that will have the greatest impact on reducing premature mortality from heart disease and stroke in the next decade, whilst supporting consistent, high quality, and equitable care across the CVD pathway.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps he is taking to improve oral health for those without access to preventative dental care.

Answered by Stephen Kinnock - Secretary of State for Wales

The Government is working to improve oral health and reduce inequalities for those without access to preventative dental care by addressing the main risk factors of dental disease. These include sugar reduction, restrictions on less healthy food and drink, and the landmark Tobacco and Vapes Bill will also help deliver our ambition for a smoke-free United Kingdom alongside record funding for local stop smoking services.

Since 2025, we have invested £21.5 million to deliver the national supervised toothbrushing programme for three to five year olds. We are expanding water fluoridation in the north east of England, so that it reaches 1.6 million more people, and are refurbishing older fluoridation schemes, benefitting a further six million people by 2030, to reduce the inequalities faced by vulnerable children and adults.

We are aware of the challenges faced in accessing a dentist. The Government is committed to achieving fundamental contract reform by the end of this Parliament. Reforms introduced from April 2026 include changes to embed the provision of urgent care into the dental contract, supported by increased payments for dentists delivering this care, making it easier for patients to get rapid support through the National Health Service.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to address oral health inequalities among adults who cannot access NHS dental care.

Answered by Stephen Kinnock - Secretary of State for Wales

The Government is working to improve oral health and reduce inequalities for those without access to preventative dental care by addressing the main risk factors of dental disease. These include sugar reduction, restrictions on less healthy food and drink, and the landmark Tobacco and Vapes Bill will also help deliver our ambition for a smoke-free United Kingdom alongside record funding for local stop smoking services.

Since 2025, we have invested £21.5 million to deliver the national supervised toothbrushing programme for three to five year olds. We are expanding water fluoridation in the north east of England, so that it reaches 1.6 million more people, and are refurbishing older fluoridation schemes, benefitting a further six million people by 2030, to reduce the inequalities faced by vulnerable children and adults.

We are aware of the challenges faced in accessing a dentist. The Government is committed to achieving fundamental contract reform by the end of this Parliament. Reforms introduced from April 2026 include changes to embed the provision of urgent care into the dental contract, supported by increased payments for dentists delivering this care, making it easier for patients to get rapid support through the National Health Service.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what the definition of substantial discount will be under the Tobacco and Vapes Act and how it will be enforced.

Answered by Sharon Hodgson

There is currently no restriction on the free distribution of samples of nicotine or non-nicotine vapes. It is completely unacceptable that a child could be given a harmful product that could lead them to a lifetime of addiction.

That is why the Tobacco and Vapes Bill introduces a ban on businesses giving away any tobacco, herbal smoking, vaping, or nicotine products, as well as cigarette papers, to a member of the public.

To support this, it will also be an offence to sell one of these products at a substantial discount. The bill does not give a definition of what constitutes a substantial discount because this will be different depending on the product and circumstances in question. However, further guidance will be provided after the bill becomes law.

Enforcement action will be taken by the relevant enforcement authority if businesses do not comply.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to prevent the advertising of vapes and tobacco products alongside items such as toys and sweets in retail settings; and what assessment he has made of the potential steps of further restricting advertisements to ensure such products are not marketed in a way that could appeal to children.

Answered by Sharon Hodgson

Evidence shows that comprehensive bans on tobacco advertising have had a significant impact on reducing consumption, but partial bans have had no significant effect. This is why most forms of advertising and promotion of tobacco products are already banned under the Tobacco Advertising and Promotion Act 2002. These products are also hidden from display in most retail settings to protect children and young people from the harms of tobacco.

We know that vapes and other nicotine products are being deliberately branded and advertised to appeal to children, and it is concerning that youth vaping has more than doubled over the past five years.

The Tobacco and Vapes Bill will ban vapes and nicotine products from being deliberately promoted and advertised to children and will extend current tobacco advertising restrictions to vaping products and nicotine products. The bill also gives us the powers to make regulations to restrict the display of these products in stores. We will consult on display proposals later this year.

The Government has published a thorough impact assessment of the measures included in the bill, including on the prohibition on the advertising of vaping and nicotine products. The Government will monitor the impact of these restrictions following their implementation.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his Department is still working towards the Smokefree 2030 ambition for England.

Answered by Sharon Hodgson

The Government’s ambition is to deliver a smoke-free United Kingdom, and we are going even further than the smoke-free 2030 target.

The landmark Tobacco and Vapes Bill will create the first smoke-free generation which is expected to help reduce smoking rates of 14- to 30-year-olds to near zero by 2050.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his Department has made an assessment of the potential merits of capping the strength of nicotine pouches to 20 milligrams of nicotine per pouch.

Answered by Sharon Hodgson

Nicotine pouches are highly addictive and we have a duty to protect children and young people from potential harms.

Unlike vapes, there are no legally established nicotine limits for pouches, with strengths ranging from two milligram to 50 milligram or more per pouch.

This is why the Tobacco and Vapes Bill includes powers to regulate the packaging, flavours, and product standards of all vapes and nicotine products, including nicotine pouches. The bill will also introduce age of sale restrictions to 18 years old for nicotine pouches and will ban their advertising and sponsorship.

We ran a call for evidence on nicotine limits, amongst other tobacco and vaping issues, at the end of last year. We plan to consult on future regulatory plans in due course.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether his department is taking steps to develop a dedicated lung health plan for respiratory conditions and lung disease.

Answered by Sharon Hodgson

As part of our 10-Year Health Plan, we are rolling out lung cancer screening, and the world-leading Tobacco and Vapes Bill will help deliver our ambition for a smoke-free United Kingdom. We are also expanding access to spirometry tests in community diagnostic centres to enable faster diagnosis of lung conditions such as chronic obstructive pulmonary disease and asthma.

The Government will consider long-term conditions for future waves of modern service frameworks (MSFs), including respiratory conditions. The criteria for determining other conditions for future MSFs will be based on where there is potential for rapid and significant improvements in quality of care and productivity. After the initial wave of MSFs is complete, the National Quality Board will determine the conditions to prioritise for new MSFs as part of its work programme.

Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether Lords Amendment 22 to the Tobacco and Vapes Bill permits an enforcement body to invest in smoking cessation services in connection with their purposes.

Answered by Sharon Hodgson

Lords Amendment 22 allows a relevant enforcement authority in England to retain all proceeds from the £2,500 fixed penalty notices for licensing offences in the Tobacco and Vapes Bill. The bill provides that the proceeds must be used for the enforcement of tobacco and vape legislation, mirroring the approach to the use of proceeds from £200 fixed penalty notices in the bill. The bill does not allow proceeds from fixed penalty notices to be invested in smoking cessation services.

From April 2026, the Government is investing an additional £260 million over three years in Stop Smoking Services within the Public Health Grant. This will mean at least £153 million of ringfenced funding for Stop Smoking Services each year.

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