(2 days, 15 hours ago)
Grand CommitteeI wanted to intervene just to say one or two words in support of my noble friend Lord Moylan’s amendment. In a sense, it challenges the Government to explain what they are trying to achieve, and if that is to regulate flavour descriptors, that is exactly what we should put into the Bill. I think the industry is very aware of the need to control flavour descriptors, because certain descriptors can be intentionally directly attractive to youth vapers and children, and the industry knows it needs to act on that. I will talk about that a bit more later.
We should use this amendment and this debate to find out what the Government are trying to achieve, and I hope the Minister will give an explanation. If the intention is to go down the path of, for example, the Australians or the New Zealanders, with a very narrow control of vape flavours, we run exactly the risk that the noble Baroness, Lady Fox, was just talking about. As she said, the academic research on restricting vape flavours shows that that leads to vapes not being as effective at smoking cessation as we want them to be. That is an important consideration.
I could not explain it to anybody in detail, but I remember how the uncle of a good friend of mine when I was a boy was a flavour scientist at Bush Boake Allen, now part of International Flavors & Fragrances, and there is a very precise relationship between the chemical additives that can be added to products. Of course, there were no vapes in those days; he was working on crisps. On one occasion we went to their house, and they provided for us the very first occasion on which anybody ever tasted prawn cocktail-flavoured crisps. That was a remarkable moment in one’s early life, never to be revisited.
The point is that the relationship is modulated by these companies extremely carefully. So, it is possible to regulate it, but it is quite an intrusion into an industry to think that we should need to do this. I suspect that my noble friend is on to exactly the right issue in saying that, if we regulate the descriptors, we will have done the thing that it is most important for us to achieve.
My Lords, I support my noble friend Lord Russell’s Amendment 146. It seems to me both sensible and essential to set the groundwork, as he put it, for further work on defining vape flavours—keeping in mind at all times the Government’s intention, which we support: to allow vapes as an effective, proven tool in quitting smoking tobacco while at the same time addressing the egregious activities of the tobacco industry vis-à-vis young people. It has used colours, flavours, images, packaging and marketing to encourage young people who have never smoked to take up vaping. We know that, once hooked on the nicotine in these products, it will be very difficult for these young people to wean themselves off them when they want to. We also know that evidence of real and lasting harm will continue to emerge over the next few years, and that is why the work to define flavours is so important and why I support this probing amendment.
I am one of those nerdy people who, when they go shopping at the supermarket, takes a little magnifying glass with them. I strongly suspect that the “banana ice” vape of the noble Baroness, Lady Fox, and the “mango ice” vape of the noble Lord, Lord Moylan, have never been within five miles of a banana or a mango, and that anything called “raspberry fizz” will never have been within five miles of a raspberry. These things are put together. They do not contain any raspberry, mango or banana; instead, they contain a whole mix of chemicals. It might be more honest to label them with, “This vape tastes a bit like banana, but it contains the following 15 chemicals”, but you cannot do that, can you? Hence the Government’s problem.
As with the other amendments in this group, Amendment 142 would open the way for the Government to include big-puff vapes and other technical measures in regulation—perhaps things such as age-gating at some future point—but it would not mandate them to do so. So, I would certainly not oppose it, although the Minister might tell us that the Government can do all this without the amendment.
Amendment 144 could inadvertently restrict the Government’s opportunity to limit the number of flavours. I would not want to do that, so I do not support this amendment, but I would like to see the Government allow a reasonable range of flavours to help people who use vapes or who are quitting smoking, for the very reason indicated by the noble Baroness, Lady Fox: smokers like the fruity flavours, which certainly help them. That would be a very good thing. I really do think that allowing only a tobacco flavour would be a bad idea, because tobacco is the very thing that smokers want to get away from.
I very much look forward to the Government’s response, particularly to my noble friend’s amendment.
May I make a suggestion? It seems that we are trying to find out whether it is the Government’s intention to regulate flavours—that is, to determine which chemical additives can or cannot be added to vapes, which would end up determining what flavours are allowed—or whether it is the Government’s intention to regulate the description of flavours, meaning which flavours are to be “described”, “characterised” or any such word. We do not yet know what the Government’s intention is. If the Government want to retain the power to do both, I submit that they need to specify in Clause 91 that they will have the power to do both.
Before the Minister answers that, may I ask her another question? Which agency regulates and licenses the various flavours used in vapes? Is it the Food Standards Agency or some other agency?
(4 months ago)
Lords ChamberMy Lords, we are not going to resume until 8.42 pm, so we have four minutes.
My Lords, we have had three Cross-Benchers; perhaps we could hear from a Liberal Democrat.