Under-age Vaping

Andrew Gwynne Excerpts

Wednesday 12th July 2023 Commons Chamber

[Andrew Gwynne (Denton and Reddish) (Lab)]

I beg to move,

That this House is concerned that children are being inappropriately exposed to e-cigarette promotions and that under-age vaping has increased by 50% in just the last three years; condemns the Government for its failure to act to protect children by voting against the addition of measures to prohibit branding which is appealing to children on e-cigarette packaging during the passage of the Health and Care Act 2022 and for failing to bring forward the tobacco control plan that it promised by the end of 2021; and therefore calls on the Government to ban vapes from being branded and advertised to appeal to children and to work with local councils and the NHS to help ensure that e-cigarettes are being used as an aid to stop smoking, rather than as a new form of smoking.

It is a pleasure to open this debate on behalf of His Majesty’s Opposition. We are witnessing an incredibly alarming rise in under-age vaping. In many ways, the statistics speak for themselves. A recent study conducted by Action on Smoking and Health found that in the last three years alone, the number of children taking part in so-called experimental vaping has increased by 50%. That has come alongside significant growth in awareness of e-cigarette promotions, with 85% of children now conscious of e-cigarette marketing either in shops or online.

What does that promotion look like? If hon. Members walk down any high street in the country and pop into a vaping shop or off-licence, they will see it at first hand. Brightly coloured e-liquids with names such as “blue razz”, “cherry cola” or “vampire vape” line the shelves. Some liquids are even designed to imitate well-known brands. We can find “Len & Jenny’s mint Oreo cookie” alongside “pick it mix it sherbet lemons”. In fact, it really is not an exaggeration to say that some stores selling vapes resemble old fashioned sweet shops, with pretty much any flavour we can think of covered in cartoon-led packaging. Let us make no mistake, this is not packaging marketed towards adults. It is deliberately designed to appeal to children and, most concerningly, it appears to be working.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

Like my hon. Friend, I have been horrified to see custard, banana, bubble gum and doughnut-flavoured vapes, clearly targeted at younger palates. They are clearly not about helping people cease smoking. One of the challenges is that we know children are increasingly moving from vaping to actual cigarettes. Does he agree that there is no case for any further delay in the Government’s work to look at how we take vapes out of the hands of young people all together? Our generation all fought so hard against Nick O’Teen; now, we have Mr Vape to deal with. Does he agree that it must be an urgent public health priority?

[Andrew Gwynne]

My hon. Friend is absolutely right. There is a place for banana, custard and even doughnuts, but that is not on a vape package. She is right that we need to close the loophole and protect children’s health. That is why we have tabled this motion.

In a recent evidence session on youth vaping, Laranya Caslin, the headteacher at St George’s Academy in Sleaford, told the Health and Social Care Committee:

“we have a significant proportion of students vaping. They vape regularly”.

The problem is so bad that St George’s has had to change smoke sensors to heat sensors, to clamp down on young people leaving the classroom to vape.

I would love that to be an isolated case, but we all know, across the House, that it is not. In Hartlepool, concerns have been raised about an increase in primary school children using vapes—that is just shocking. In Devon, schools have reported confiscating e-cigarettes from children as young as seven. Those claims seem to be reinforced by the fact that last year 15 children aged nine or under were hospitalised due to vaping, with health experts warning that the excessive use of e-cigarettes in children could be linked to lung collapse, lung bleeding and air leak. In Yorkshire and the Humber, it is estimated that 30% of secondary school students have tried vaping, which equates to around 109,000 children. It is just staggering.

[Daisy Cooper (St Albans) (LD)]

I am grateful to the shadow Minister for giving way. I have heard really shocking reports from parents and teachers in my constituency that children as young as 11 are using vapes and that one young person, at the age of 17, is now addicted. In the worst cases I am hearing, some young children are being targeted and are taking the vape apart to carry much harder drugs on the inside, which is causing an even bigger problem. Does the hon. Gentleman agree with me that we simply cannot wait any longer? We need urgent action from the Government to stop that happening.

[Andrew Gwynne]

The hon. Lady makes a powerful case. Those are precisely the reasons why we have called this debate. It should shock each and every one of us. The ease of access to e-cigarettes for children, many younger than the ages she gave as an example, just cannot be allowed. We must be doing all we can on e-cigarettes, as we did to tackle the packaging and advertising of actual cigarettes, to ensure that children are weaned off their nicotine addiction and that other children do not start vaping in the first place.

[Barbara Keeley (Worsley and Eccles South) (Lab)]

My hon. Friend is making a very effective speech to open this debate. He quoted the figure of 30% for Yorkshire and the Humber. The figure for the north-west is 29%, which shows very little difference. Those figures are twice that for London, so it may be that some hon. Members are not aware of how bad the problem is getting. The Royal College of Paediatrics and Child Health has warned that youth vaping is fast becoming an epidemic. Worryingly, the number of children admitted to hospital as a result of vaping has almost quadrupled. Is my hon. Friend, as a fellow Greater Manchester MP, concerned about how many more children might suffer those health impacts before the Government take the action that is needed?

[Andrew Gwynne]

I am very grateful to my hon. Friend. As a Greater Manchester MP, I see the problem in my constituency and she will see it in hers. It concerns me greatly, because within our city region there are already communities that have some of the worst health inequalities. A lot of those health inequalities have been exacerbated by a higher than average prevalence of smoking. Even now, as smoking rates have declined, there are still communities in the areas we represent that have an abnormally high number of smokers. I do not want, in tackling smoking and reducing some of the health inequalities that are caused through smoking, to be storing up future problems with a new generation caused as a direct consequence of vaping or, more sinisterly, as a gateway to smoking later on in life. She is absolutely right.

[Gareth Johnson (Dartford) (Con)]

I am grateful to the shadow Minister for giving way; he is making a very good speech. No one in this country has ever been shown to have died from vaping, whereas thousands of people die each year from smoking. Yes, the emphasis should be on stopping children from gaining access to vaping and dissuading adult non-smokers from taking up vaping, but does he agree that we should not lose sight of the benefits of vaping for adult smokers in giving up smoking and therefore leading a healthier lifestyle?

[Andrew Gwynne]

The hon. Gentleman is absolutely right, and later in my speech I will discuss the fact that vaping is a really important tool to assist people who want to stop smoking—indeed, Javed Khan, in his smoke-free 2030 review, made it clear that vaping has an important role to play in that respect. We certainly do not want to throw the baby out with the bathwater, but we absolutely should be ensuring that children’s access to vapes is restricted and that the marketing of vapes is not done in way that attracts a new cohort of people who would never have smoked or vaped. While vaping is better for people than smoking, not vaping is better than vaping or smoking, and we do not want to create new problems.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

I am sure my hon. Friend has seen the study by King’s College London and Action on Smoking and Health on the attraction of vaping, which concluded that among teenagers de-branding vapes had a deterrent effect on their purchasing them, whereas it had no effect on adults. Does he agree with that study and does he support action being taken along those lines?

[Andrew Gwynne]

I am grateful to my hon. Friend for succinctly stating the reason for this debate. That study is very clear: for adults, the appearance of the packaging makes no difference, but children and young people are attracted to the bright colours and cartoon characters and so on. The same arguments were made about smoking and led to us moving several years ago to standardised cigarette packaging. The evidence on children vaping is now so overwhelming that Parliament must take the lead. Industry will not act without a nudge from us. We must make sure that vapes are not packaged and advertised in a way that attracts children.

In a recent article penned for The Independent, a teacher in Oxfordshire described having been:

“rostered on to control numbers of students in the toilet block in an attempt to prevent the constant vaping that goes on in there.”

She went on to describe discovering

“a stash of over 50 vapes stored above a ceiling panel in the toilets—a tactic learnt and shared on TikTok.”

Worryingly, ASH estimates that most children who vape make the purchases themselves, despite it being illegal to sell vapes to those under the age of 18.

[Tonia Antoniazzi (Gower) (Lab)]

My hon. Friend is making an excellent speech. Only yesterday, I had a call from a head of year in Gowerton School in my constituency who wanted to know why the police and social services were not acting on his reports of sales of vapes in a barber’s shop in Swansea city centre. Does my hon. Friend agree that it is up to the police, social services and trading standards to take a stand and stop the face-to-face sale of vapes to under-age children?

[Andrew Gwynne]

Absolutely. There has to be a strategy that is not just about restricting packaging and advertising. There has to be more enforcement at the local level. I have some sympathy with local government, which has had to endure massive cuts over the past 13 years, so that things such as trading standards have been cut right back to the bone, but there can be no excuse whatsoever for shops selling these products to children. Every action should be taken to prevent that and to enforce the law.

[Caroline Nokes (Romsey and Southampton North) (Con)]

The hon. Gentleman is making an interesting and important speech, but he is focusing on advertising, marketing, the bright colours and the sweet flavours, and he has not mentioned price. Price promotions are banned for tobacco, yet vapes can sometimes be bought for three for £12, which is pocket money territory.

[Andrew Gwynne]

The right hon. Lady is absolutely right. We tabled the motion because we believe that the action it calls for is something we can do quickly, but the price of vapes is also a driver, and she is right that we should look into deals whereby vapes can be bought really cheaply—as she says, with pocket money—because that would be another step to take vaping out of the reach of children and young people.

As I said, ASH estimates that most children who vape make the purchases themselves. Put simply, children are then increasingly being hooked on to addictive substances that are deliberately packaged—and, indeed, sometimes priced—to catch their eye. This affects not only their health but their education.

Who could have seen it coming? Well, not the Government, it turns out. In November 2021, my hon. Friend the Member for City of Durham (Mary Kelly Foy) tabled an amendment to the Health and Care Bill that would have given the Secretary of State the power to prohibit branding that appeals to children on e-cigarette packaging. It received cross-party support but was voted down by the Government. When the Minister stands up in a few minutes and claims that the Government are on top of the epidemic of youth vaping, I hope he will explain to the House—to Members from all parties who supported that measure—why the Government voted down that sensible amendment in 2021, and why they are still failing to do something about this acute problem now.

Sadly, this approach to public health has become all too familiar when it comes to the Conservatives. We were promised a tobacco control plan; that was binned. We were promised a health disparities White Paper; that was binned. We were promised a ban on junk food advertising to children; that was binned. Why? Because the Prime Minister is too weak to take on those on the fringes of his own party who view public health with suspicion. That is why, on the Conservatives’ watch, health inequalities have widened, and why vaping companies have been given free rein to profit off children and young people.

The next Labour Government will not allow the trend to continue, which is why in Labour’s health mission we have been clear that we will ban the packaging and marketing of vapes to children, and we will come down like a ton of bricks on those who sell vapes illegally to children.

[Caroline Ansell (Eastbourne) (Con)]

I agree with the shadow Minister that this is an increasingly serious issue that we must arrest. Does he agree that this is not just a health mission but an education mission? The surest reason why young people will now either give up and desist or not take up vaping is if they understand the harms and the risks, so the new education provision that the Government are helping to bring forward in schools, whereby children themselves will speak to their peers to communicate the risks, is a really important and welcome intervention.

[Andrew Gwynne]

Of course education has a role. When I went to secondary school, we were educated about the harms of smoking, although it did not stop a number of my peers becoming addicted to cigarettes—to nicotine and tobacco. Education has a role, then, but it does not have a full role. We only really clamped down on smoking and cut the numbers of people who smoke when we introduced regulations on smoking, including the smoking ban, which I am incredibly proud that a Labour Government introduced because it has had massive public health benefits for many people in the years since.

My hon. Friend the Member for Southampton, Test (Dr Whitehead) referred to the research conducted by King’s College London in conjunction with ASH, which suggests that the removal of child-friendly imagery and colours on e-cigarettes can reduce their appeal to children while, crucially, not discouraging their use by adult smokers to quit. This is precisely the balance that the next Labour Government want to strike, so that vapes are used exclusively as a stop-smoking tool by adults, not as a way of getting young people hooked on highly addictive substances such as nicotine. I would hope that ambition was shared on both sides of the House but, unless the Minister changes his mind at the Dispatch Box, the Government are still refusing to commit to a promotion ban. That is bizarre because, in a recent interview, the Prime Minister was asked about the marketing of vapes to children, and he said:

“It looks like they are targeted at kids, which is ridiculous.”

The Prime Minister also said:

“The marketing and the illegal sales of vapes to children is completely unacceptable and I will do everything in my power to end this practice for good.”

Apparently, everything in his power does not include banning the practice of advertising vapes in this way.

Instead, the Government have announced yet another call for evidence, further kicking into the long grass the action that academics, teachers, parents and Members on both sides of the House all agree is essential now. The Government can try all they like to feign outrage at the current situation, but it is partly because of their inaction that we find ourselves in this mess. The Department of Health and Social Care could easily have included these measures in its tobacco control plan, had it not decided to scrap that plan.

The measures are eminently sensible, and we do not need another call for evidence to tell us what we can all see in our own communities. When the Minister responds, I am sure he will point to the illicit vape enforcement squad that the Government announced back in April to enforce rules on vaping and to tackle illegal sales. The squad is obviously welcome, but a few things remain unclear. First, when will the squad start its fieldwork? In a recent answer to a written parliamentary question, the Minister admitted that it will not be until “later this year”. When specifically? We are now in July. What are parents and guardians who are concerned about their children’s vaping expected to do in the meantime?

What the Minister announced in April simply does not add up to a comprehensive tobacco control plan or a strategy for a smoke-free 2030, nor will it stop the companies that are specifically targeting vapes and e-liquids at our children. The Minister knows it and we know it, so let us drop the pretence.

The next Labour Government will end the 13 years of Tory public health neglect that have seen health inequalities widen and healthy life expectancy stall and go into reverse in some communities. In our health mission, we pledged to make this country a Marmot nation, to tackle the social inequalities that influence health and to ensure that children have the very best start possible, to give them the building blocks for a healthy life.

There has been no joined-up plan for public health for 13 years, and the British people have paid the price. That is why Labour will put a mission delivery board right at the heart of Government—one that works across the whole of Whitehall to deliver secure jobs, fair pay, adequate housing, safe streets and clean air. The next Labour Government will build on our legacy of smoking cessation and take the bold steps needed to reach a smoke-free future, a future that has drifted further and further away under this rudderless Government. We will tackle underage vaping and work alongside councils and the NHS to ensure that vapes are used exclusively as a stop-smoking aid.

In short, prevention is better than cure. We will reform our healthcare system so that it focuses relentlessly on preventing the causes of ill health in the first place. For voters, the next general election will be a crystal-clear choice: choose a Conservative Government who have undone decades of progress when it comes to public health, or choose a Labour Government who will work day in, day out to give everyone in Britain the opportunity to lead a happy, healthy and fulfilling life.

I commend our motion to the House.

--- Later in debate ---

[Andrew Gwynne]

What we are here to talk about today is advertising and packaging. I made it very clear in my contribution that the next Labour Government would act robustly on both those issues.

[Neil O’Brien]

Act robustly? I think we all want to act robustly. The shadow Minister said in his speech that he did not like banana-flavoured vapes, but would they be banned? I am happy to take an intervention if the shadow team have an answer. I do not think that we have an answer. That, ladies and gentlemen, is why we need to have evidence. We need to have an evidence-based approach, and we need to have not just the evidence about what drives these things, but clear definitions of these things on which we can actually take action. We have to be clear about what we are and are not doing within all these fields.

All I was trying to do is to demonstrate that, while we are committed to taking action—I feel very strongly about taking action on this—and while we have done a whole range of different things on this point, we need evidence to make good policy, which is why we are having a call for evidence.