Tobacco and Vapes Bill

Debate between Lord Moylan and Lord Darzi of Denham

Report stage
Tuesday 3rd March 2026 Lords Chamber

[Lord Darzi of Denham (Non-Afl)]

My Lords, I strongly support the Bill and the ambition to create a smoke- free generation. Throughout my clinical and academic career, I have consistently argued for bold preventive action, because nothing would do more to reduce preventable death and health inequality than ending tobacco addiction. I am grateful to the noble Lord, Lord Moylan, and the noble Baroness, Lady Fox of Buckley, for Amendments 125 and 134. I understand the instincts behind them, but I cannot support them. These amendments would limit the Government’s power to regulate flavour descriptors—the words on the packet rather than the chemical ingredients that create the flavour. Put simply, we would be regulating the label, not the substance.

The Chief Medical Officer’s evidence note is clear. Flavoured vaping products contain a wide range of chemicals, many of which are safe to eat but dangerous to inhale. The long-term effects of inhaling these substances are simply not known yet. Restricting regulations to descriptors alone would deny the Government’s ability to act as new science emerges. As we have heard, flavour is one of the principal drivers of youth uptake. If we regulate only what the packet says and not what the product contains, manufacturers will simply reformulate to maintain the same appeal. We would be inviting a regulatory game of cat and mouse, and it is a game that children will lose.

[Lord Moylan (Con)]

I hate to interrupt the noble Lord, but Clause 91 gives the Secretary of State powers to regulate the substances that may be included in a relevant product. I am not proposing that we change that at all. I am simply suggesting we change “flavour” to “flavour descriptor”, because flavour is inherently subjective. The substances which may be toxic or harmful would remain in scope of the legislation in the language the Government have chosen to use, irrespective of my amendment. I interrupt the noble Lord only because I am not entirely sure that he has grasped the effect of my amendment, and I thought he might want to reflect on that.

[Lord Darzi of Denham (Non-Afl)]

If I have not, then I apologise. I still believe it is not clear on paper. I feel it is the flavour that is being bound, but if the noble Lord’s amendment is correcting that, that is fine. Narrowing the powers before the science is settled is another issue. There is very little scientific evidence on the impact of the taste or whatever the inhaler contains. This has not been utilised before, so we do not know the dangers of the substance that is being inhaled. The prudent course is to retain the widest possible powers and to act on evidence as it emerges. To do otherwise will leave our children exposed to risks we could have prevented. I urge the House to at least look at these amendments or reject them.