Tobacco and Vapes Bill

Debate between Lord Strathcarron and Earl Russell

Report stage
Tuesday 3rd March 2026 Lords Chamber

[Lord Strathcarron (Non-Afl)]

My Lords, very briefly, I support Amendment 168 in the name of the noble Lord, Lord Sharpe, and of other noble Lords, because it seems so reasonable. Surely there is no harm done if the advertisement is in a licensed premises; is not visible, except from inside the venue; is not for a tobacco product; mentions a smoke- or vape-free area; and is age-restricted to adults only. I cannot see what there is to object to, unless we are saying that the age restrictions do not work—in which case, why are we pressing ahead with a generational ban in the first place? Do we really want to get into this overreaching, overregulated situation where the compulsory cure is worse than the voluntary disease—one entered into willingly and knowingly by consenting adults?

I particularly support subsection (3) of the proposed new clause. It asks for further investigation into the effects on the hospitality industry, which is already suffering the devastating consequences of other policies. It would be good to hear what losing these marketing revenue streams will mean for those who have to run a business to make a profit in order to employ people, especially bearing in mind that recent policies have cost nearly 100,000 jobs and are responsible for nearly 50% of all job losses.

[Earl Russell (LD)]

My Lords, I will respond to this group on advertising and sponsorship. On these Benches, we feel that it is essential that the Bill strikes the right balance between regulating the advertisement and sponsorship of nicotine products, to ensure that they cannot be marketed in ways that appeal to children, and allowing their promotion to adults who smoke as a way to quit smoking.

I have listened to the speeches that have been made in this group. The initial response in my head is that we are facing an absolute explosion in vaping, particularly among our children and young people. I do not think that the pub industry is going to survive on the back of vape advertising, and I do not particularly feel that we need more advertising for vapes. I listened to the argument on education, but education is not advertising, and I do not trust the industry to do the job of educating because they are interested in one thing, and that is not education but profits.

Responding to this group, I think there is a background problem here. We already have too many loopholes in the system. On the side of TfL buses, it is perfectly possible to see huge adverts for nicotine pouches with the health warnings written in tiny lettering. We already have problems with this. Big tobacco knows that marketing works, and it uses it for one reason. We need to be absolutely clear that the purpose of the Bill is not only to bring about a generational ban. We do not want to replace tobacco with vapes. Vapes are there to help and support people to stop smoking; they are not a whole new revenue stream for big tobacco to enjoy for ever more as a sop for it having to stop selling its products that kill everybody. That is clear.

ASH data on nicotine pouches has shown that, between just 2024 and 2025, awareness of this market has grown from 38% to 43% among young people in Britain, and that nearly 4% of teenagers now report having tried nicotine pouches. This advertising is powerful and it works; that is why these companies use it. We feel that the Bill closes the current regulatory loophole while still allowing nicotine products to be promoted as a cessation device. We feel that this is the right place for the legislation to be. It strikes a considered and appropriate balance to maximise the public health benefits, which is where our concentration needs to be. It does not need to be on promoting vapes or anything else; this Bill is about promoting public health.

Turning to the amendments, Amendment 168 would allow the advertising of non-tobacco products in hospitality areas. This is not appropriate. Hospitality areas are not the right settings. This would give a false impression that these products are for recreational use and not for smoking cessation, and it would potentially create a massive loophole in the middle of the Bill that will be exploited mercilessly by the industry. We have heard about its ever-ready need to put forward legal claims, whether it will win them or not.

I recognise some of the points that the noble Baroness, Lady Fox, made, as I said, and congratulate her on having stopped smoking. I agree with her on the need to have availability of vapes and better education, and I agree with her on the absolute need to maintain the flavours in vaping products for smoking cessation. However, I have to say that there is a greater risk with this amendment that these products would be seen as recreational and not for smoking cessation; to my mind, that is where our concentration needs to be.

On Amendment 152, this issue was discussed in Committee, and I thought that the Minister explained that the provision mirrored the approach taken on existing tobacco advertising and promotions, and we were satisfied with that.

Finally, Amendments 155, 157, 159, 161, 163 and 169 aim to remove the powers to restrict advertisement of nicotine products and heated tobacco unless there is a consultation with business. Again, we do not support this. It is already illegal to advertise heated tobacco under the Tobacco Advertising and Promotion Act, and we just do not support those amendments.