Illegal Vapes

Caroline Johnson Excerpts

Tuesday 16th January 2024 Westminster Hall

[Dr Caroline Johnson (Sleaford and North Hykeham) (Con)]

I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on securing this important debate.

Hon. Members will not be surprised by my presence or to hear my stance on this issue. For more than a year now I have championed the fight against youth vaping, an epidemic that is spreading like wildfire. These sleek, colourful contraptions, once touted merely as a smoking cessation tool, have become ubiquitous. They are not just in shops, but litter our streets and are hidden away in our children’s bedrooms and classrooms. According to a recent NASUWT survey, a staggering 85% of teachers reported vaping as an issue among their students. Teachers in my constituency have spoken of pupils struggling to concentrate because of their nicotine addiction and having to leave lessons for vape breaks—let us remember that these are not hardened junkies but schoolchildren.

I propose a number of solutions to this growing problem, including banning the sale of disposable vapes, removing them from public displays in shops and banning the bright colours and sweet flavours, which prolong the addictive effects and are so attractive to children. I welcome the Government’s work and commitments in this area, and I particularly thank the Minister for her commitment to stopping children vaping and her broader commitment to children and their health. However, we need to go further, and I would like the Government to extend the existing restrictions on cigarettes to vaping in public places to ensure that no one, least of all children, becomes an unwitting victim of second-hand vapour.

Coupled with that, we must impose tougher regulations on the advertising and marketing of vaping products. I have previously spoken out against the sponsoring of sports teams and the pervasive advertising that glamourises vapes. I would like to see these products taken off the side of Transport for London buses, off prominent displays in corner shops and away from sports stadiums. Instead, they should be put discreetly away behind the counter, as the medical type of smoking cessation device they are supposed to be.

Moving on to the specifics of today’s debate on illegal vapes, vapes can be illegal for one of two reasons. They are either illegally composed and perhaps have no self-extinguishing mechanism, excessive quantities of nicotine or more puffs than allowed. However, they may also contain harmful toxic chemicals. Last spring, Lincolnshire police took a selection of vapes from children and tested them. These are just some of the chemicals they found: diethylene glycol diacetate, aviptadil, 2-methoxyethyl acetate, poster varnish, Indian snakeroot and antifreeze. Those were all being inhaled by children using vapes in Sleaford.

The other way vapes can be illegal is that they can be sold illegally to children under the age of 18. Indeed, vapes can be illegal in both the ways I have mentioned. Newspapers locally are reporting an example of a police officer in Sleaford who recently stepped into a local shop to stop illegal vapes being sold to children. Those products were illegal not just because they were being sold to children, but because they contained much more than they ought to.

The next question is what we can do about this. We have talked about ways in which we can tackle the use of vapes. I welcome the vapes enforcement squad the Government put together with £3 million earlier this year, but we need more. There is no registration scheme for selling vapes, in the way there is for alcohol and tobacco. I would like to see a registration scheme for vapes, tied to alcohol and tobacco, specifically to disincentivise unscrupulous sellers. If they lose the vaping licence, they would also lose the alcohol and tobacco licence. I would also like to see an increase in on-the-spot fines, from £2,500 to £10,000, so that there is a significant disincentive to this behaviour. Let us face it, these people are making money out of this, and that is why they are doing it—they are making money out of selling illegal things to children that will harm them.

Another idea is an import tax. It has been proposed to me that one challenge facing Border Force is that vapes are not subject to excise. If they were subject to excise controls, Border Force would be able to intercept some of the illegal vapes. That is much more challenging because there is no excise duty on vapes. Also on the issue of tax, I am a Tory and would normally advocate cutting as many taxes as possible, but I think there is a place to put tax on vaping devices. Even with tax, they would still be potentially much cheaper relative to their nicotine content than cigarettes, making them a cheaper option for a genuine adult smoker who wishes to quit, but they would be more expensive for children, taking them out of the realms of pocket money.

In summary, this issue demands bold action, as it did when I first stood up to discuss it a year ago. I urge the Government and all hon. Members to join me in ensuring that vapes are used as a cessation device, as they are supposed to be. Only by toughening our response to a rogue industry can we protect our children from the suffocating grip of addiction.

--- Later in debate ---

[Preet Kaur Gill (Birmingham, Edgbaston) (Lab/Co-op)]

It is an honour to serve under your chairmanship, Sir Mark. I thank the hon. Member for Darlington (Peter Gibson) for securing this important debate, and the many colleagues who have made excellent points, including my hon. Friend the Member for City of Durham (Mary Kelly Foy) who is a great campaigner on this issue.

Many Members have focused their remarks on the impact of vaping on children, and they are absolutely right to do so. The Opposition recognise the value of vapes as a stop-smoking tool. They have their place. The chief medical officer put it bluntly:

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape”.

But the CMO has also been blunt about the epidemic rise in youth vaping in recent years. Nicotine addiction is in no one’s interest apart from the companies that profit from it. Certainly no child should be vaping. We do not even know some of the long-term risks of the ingredients used in vapes, and certainly not when inhaled by young people whose lungs and brains are still developing.

However, I am afraid to say that the Government have been asleep at the wheel. In 2021, as we have heard, Labour voted for an amendment to the Health and Care Act 2022 to crack down on the marketing of vapes to children. Since then, as Labour has found, the number of children aged 11 to 17 who are vaping regularly has more than trebled. That is more than 140,000 British children. Meanwhile, one in five children have now tried vaping. Does the Minister regret that her Government and MPs voted against the amendment in 2021?

The issue is that it is now 2024 and we still have no legislation in place. It is bad enough that so many children are using these products, but, as other Members have said, it is even worse when we consider how many products on the market are illegal in their own right. As the chief medical officer has warned, those products can contain dangerous chemicals such as lead and nickel. Some contain nicotine when claiming they do not, or harmful tetrahydrocannabinol chemicals found in cannabis. To be clear, in most cases that amounts to a failure in enforcing existing regulations, and it really is shocking.

Last year, Inter Scientific and the BBC conducted an analysis of vapes confiscated from schoolchildren, and found that the vast majority did not meet UK product regulations and were actually illegal. In a separate analysis of 300 products seized by various trading standards around the country, they found that 88% were non-compliant with UK regulations; 23% had a nicotine strength over the legal limit; 15% contained lead, which when inhaled can damage children’s central nervous system and brain development; 100% contained nickel; and 33% contained nicotine, despite being marketed at 0%, which absurdly means that they can be sold to children. Can the Minister tell us what she will do to crack down on the influx of illegal vapes so that dangerous products are not falling into the hands of our young children?

From speaking to experts in the industry, I have heard that there has been an influx of illegal vapes into the United Kingdom in recent years. One expert I consulted said they think that around 6 million illegal vape products have flooded the UK in the last 12 to 24 months. Can the Minister comment on why the UK seems to be targeted more than many other countries, and where she thinks these products are coming from? Until now, UK regulations have largely inoculated us from public health scares such as the spate of hospitalisations from popcorn lung in the United States, but does she share my concern that if we do not get a grip on illegal products flooding our markets, we could face something similar here? Lastly, can she comment on what she has learned from the Government’s consultation about the percentage of vapes circulating in the UK that are illegal under the 2016 regulations? If it is anything like the 88% found by Inter Scientific, we have a very big problem.

A glaring issue that many have identified is enforcement. As we all know, trading standards is stretched and Border Force is evidently not stopping the import of illegal vapes in sufficient numbers. However, the Government have not made their job easy. One issue is the confusing regulations. I know that the Government have said they will act to close the loophole that means that while it is illegal to sell vapes to children, it is fine to hand them out. We have heard less from the Government on the fact that it is also currently legal to sell nicotine-free vapes to under-18s, which is of serious concern. Labour has been vocal on this issue. As I have flagged, these 0%-nicotine vapes in fact often do contain nicotine or other harmful chemicals. Will the Minister confirm that the Government will take action to ban those vapes being sold to children? It strikes me as a blatant loophole that is giving unscrupulous companies scope to hook young children on their products as a gateway to addiction. These 0%-nicotine vapes are out of the scope of the regulations, meaning they do not need to be registered with the MHRA. Will the Minister now require all manufacturers to notify vape products regardless of nicotine content to the MHRA? This would allow for a complete database of products where currently it is not possible to say which products are legal or illegal, which really undermines enforcement action.

Speaking of the MHRA, we must also recognise that the relevant authorities are not always empowered to do what is needed to crack down on those breaking the rules. It strikes me as a serious shortcoming that as long as producers complete notification requirements with the regulator, their product is allowed to go on the UK market without being tested as a whole. The MHRA—the regulator—does not have powers to test products to determine whether they are even compliant with what producers claim are in them, nor to remove notifications once published.

The fact that under this Government children are using vapes with nicotine in them is pretty scandalous, given what we know about the lack of regulations. I say that because when the producer of Elf Bars was found to be selling products that had larger tank sizes than allowed, the regulations did not provide the MHRA with the power to remove the product from the market, as the product notifications said that it was compliant. That is farcical.

This matter is a huge concern not just for me, but for most Members across the House. Will the Minister say whether she is looking at this as part of the legislation? Will she consider allowing the MHRA to use notification fees for testing and enforcement and giving it the powers to remove notifications from publication and, if necessary, take products off the market? Likewise, does she believe that Border Force has the powers that it actually needs? Will the Minister finally tackle the issue of youth vaping, as we have heard about from many Members, by doing what Labour has called for for years and banning vapes from being branded and advertised to appeal to children? We have all seen the displays in our local off licences, with flavours like gummy bear and unicorn shake, looking like colourfully packaged pick ‘n’ mix products at pocket-money prices. These really do need to be banned.

[Dr Johnson]

The hon. Lady is making some very good points about the regulations that need to be brought in to protect children. I do not think anybody thinks that the colours and flavours are not there in some ways to attract children—how many adults are going to want a unicorn milkshake-flavoured vape, whatever that tastes like? On that point specifically, would the Labour party support legislation brought in by the Government to ban all but one colour and to severely restrict the flavours available?

[Preet Kaur Gill]

What has been marketed at children, definitely, is the different flavours. However, I appreciate that adults do choose different flavours as part of their whole smoking cessation, so we need to look at the evidence in the round once we are looking at the Bill. I would be keen to hear at what the Government say on that and to look at the evidence base. We need to look at the ingredients, the make-up of colours and how we get those flavours—it is about what those ingredients actually mean. We have to ensure that we have a proper evidence base on that issue.

[Dr Johnson]

I was talking to an industry representative about the issue of flavours in particular, and he told me that when a smoker decides to quit, they often start with a tobacco-flavoured vape. When their sense of smell and taste improves because they have stopped smoking, they then no longer like the taste of the tobacco vapes, so they move on to cherry cola or some other flavour. That actually can persist their addiction. The concern about removing the flavours is that instead of stopping using the vapes, people will continue—

[Sir Mark Hendrick (in the Chair)]

Order. Interventions are meant to be short. The hon. Lady has already spoken, and we still have the Minister to come. She requires 10 minutes at least, and it is now 5.19 pm. I suggest to the Opposition spokesperson that she makes an end to her speech fairly quickly.