Under-age Vaping

Caroline Johnson Excerpts

Wednesday 12th July 2023 Commons Chamber

[Kirsten Oswald]

I am grateful to my hon. Friend, and am delighted that he is as enraged as I am about the harm that these products are causing. I know that in his community people are equally as concerned as in mine. His comment bears reflecting upon, because how realistic is it that children will find ways to recycle this disposable product, or so-called disposable product, which is undoubtedly targeted at children, given that they are probably hiding it from their parents in the first place? There are no positive grounds for keeping these things about. I secured a debate last year focusing on the environmental impact, which bears reflecting on. My hon. Friend is right, so I am glad that he made the points that he did.

I am also deeply concerned about the impact on children and young people, because these vapes are so available, so inviting, and so increasingly used by younger people. I am particularly concerned about under-18s. The hon. Member for Denton and Reddish (Andrew Gwynne), who opened the debate very powerfully, talked about the Health and Social Care Committee having heard from a headteacher about the significant proportion of children vaping regularly. If we speak to headteachers in any of our constituencies, they will say the same thing. I was also alarmed, though unfortunately not surprised, to hear him highlight issues of primary-aged children vaping. That is terrifying. It is why today’s motion needs to be taken seriously.

The Advertising Standards Authority says that

“adverts for e-cigarettes must be targeted responsibly”.

I am not sure that that is what is happening. Such ads must, apparently,

“not be directed at under-18s”.

Again, the ASA has a job of work to do there. I wonder, although I suspect that it is perhaps unable to, whether it would want to look at issues such as sports advertising. Blackburn Rovers—other teams may do this, but this is the only team that I am aware of that are doing it—are being sponsored by a vaping retailer, Totally Wicked, for the sixth season in a row. We would find it unacceptable if our football club came out with cigarette branding on their shirts. I cannot understand why it is any more acceptable for a football club to come out with vaping advertising. I am keen for the Minister, or Government Members, to address that.

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

Would the hon. Lady be similarly outraged to know that the same company supports St Helens rugby football club, and called the stadium Totally Wicked?

[Kirsten Oswald]

I would be equally outraged. I know how much work the hon. Lady does in this regard. I am unsurprised to find that we are both enraged by the same thing. This is really unacceptable. If we are serious about dealing with the harms to children and young people, we really should expect sports clubs to be somewhere that they can see positive imagery and have positive influences. I recently visited a vaping shop near to where I live. I know they are sold in other outlets too, in corner shops and supermarkets, on Amazon and eBay, and we have heard about them being sold in a barbershop as well. They are not difficult to find, and they are so inviting. When I went into the shop, it looked lovely: the display was beautiful, with nice colours and names and all kinds of fancy shapes that looked like highlighters or lipsticks. I have seen some online that look like brightly coloured fidget spinners. These things are quite enticing, are they not? They are very attractive, and that is obviously deliberate.

I was interested to hear about the King’s College study on plain packaging, because anything that makes vapes less attractive to young people is obviously worth considering. I say that for many reasons, one being that I heard recently about young people purchasing disposable vapes to match their outfits. I must say that that had never occurred to me before, but why not? If they are purchasing them, they might want them to match their outfits, just as they might think about what flavour they would like, such as bubblegum or grape soda. The hon. Member for Denton and Reddish talked about them looking like an old-fashioned sweet shop, and he was right about that.

Disposable vapes are designed to be enticing, to draw young people in. They are throwaway and they are affordable. The right hon. Member for Romsey and Southampton North (Caroline Nokes) was absolutely right to describe them as pocket-money purchases. Parents will not always know what their children are purchasing with pocket money; presumably children throw disposable vapes away, as I have said, before the parents find them. As parents, we have no idea whether our children are using them. I hope mine are not, but none of us can know that, because they are so easy to find and so easy to throw away that we must be alive to the fact that we might not have the full picture.

Presumably we cannot all have the full picture, because, if we look at the statistics, in a recent YouGov/ASH survey the proportion of children aged between 11 and 17 who vape has gone up from 4% in 2020 to 7% in 2022, and the proportion of children who have tried vaping overall is now sitting at 16%. We have heard significantly higher figures than that cited in this debate.

I think it is reasonable to look for disposable vapes to be removed from sale. That is certainly what I would like to see. I am pleased to hear calls for retailers to ban single-use vapes in Scotland, where environmental and health charities have joined forces to call for an end to the sale of disposable vapes. Groups such as Keep Scotland Beautiful, ASH Scotland and the Marine Conservation Society are urging retailers to follow the good example of Waitrose, who I take my hat off to here, in banning the sale of those single-use products.

Waitrose did that because of reports suggesting that their popularity was soaring among people who had not previously smoked, as we have heard already, including the younger generation. It is really important that we examine the subject. I am pleased about the Scottish Government’s action in that regard and I echo Barry Fisher, the chief executive of Keep Scotland Beautiful, who also talks about a “litter emergency” and emphasises that the time to act is now.

The time to act is now also on the illicit vapes we have heard about already—the dodgy vapes and the chemicals within them. Lab research shows that they have up to twice the daily safe amount of lead and nine times the daily safe amount of nickel. There is also chromium in there. We do not want our children to be ingesting those substances, and those studies are based only on some vapes confiscated from a school in England, so we do not know what else is out there; we just know it should not be. Dodgy vapes have deeply concerning health impacts. In Scotland, there have been reports of illegal vapes confiscated from a school that left children coughing up blood. Which of us wants that for our children? We need to act.

It is deeply concerning—and that is before we even get into the notion of young people who have never previously smoked using disposable vapes and then graduating on to smoking cigarettes. We know that is an issue. The producers of vapes would have us believe they were intended to rectify and remedy that very problem, but it turns out to be the opposite that happens. The World Health Organisation has expressed significant concern about that, stating that children who use such products are three times more likely to use tobacco products in the future. If the Minister is looking for evidence, that is the kind of statistic he ought to bear in mind.

Huge profits are being made on the back of all those sales of vapes to children. Big business is being done here, but it is not always being done by the rules. The most popular brand for children is Elfbar, but in July an Observer investigation found that Elfbar had flouted the rules to promote its products to young people in the UK. Advertising videos and promotions on TikTok, for instance, were felt to be of concern. Some of those videos attracted hundreds of thousands of views, on a platform that is used by three quarters of 16 and 17-year-olds.

We have already heard about children’s doctors calling for a complete ban on disposable vapes. The hon. Member for Sleaford and North Hykeham (Dr Johnson), who is herself a children’s doctor, has spoken out about that. If we will not listen to the views of children’s doctors about the impact of vapes on children’s health, who will we listen to?

I am heartened that Humza Yousaf, our First Minister, says that a ban on disposable vapes is under consideration, and by the incredible hard work being done by the campaign group ASH, which absolutely deserves our thanks. I also thank the organisers of the TRNSMT festival, which took place in Glasgow last weekend, because they did not permit disposable vapes there, and I absolutely applaud them for that.

Less positively, however, I cannot thank the administration of East Renfrewshire Council, which is where I live. The motion, which I think is a good one, includes a passage about working with councils, and that is absolutely right. Of the 32 councils in Scotland, 28 supported motions calling for a ban on disposable vapes. Regrettably, East Renfrewshire Council was not one of them. It did not support the ban, seemingly because a ban was supported by the SNP. I am really unimpressed by that. It is a poor show from that Labour Administration and their Conservative enablers that they could not bring themselves in step with the whole of the rest of the country and, I suspect, with the Members who are present in the debate. That seems somewhat ironic given the motion that is before the House. I hope that they will reflect on that and change their mind, and that we will get a full set of councils to support the ban—although the numbers so far are pretty impressive.

I hope that the Scottish Government come to the conclusion that these things are too dangerous and damaging, although I am grateful for their sterling work so far. I hope that the UK Government will listen to what is being said to them. Like my hon. Friend the Member for Angus (Dave Doogan), I was not entirely convinced that a huge degree of listening was going on, but I hope that I am wrong about that and that we will hear about a very serious focus on the matter. The industry will not take the steps that are needed; politicians need to do that. Disposable vapes are a danger to the environment and to our young people. It is high time that we took them off the shelf.

--- Later in debate ---

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

I thank the Labour Front-Bench team for a great choice of debate today. I thank, too, all those Members who have made nice comments about me today. I agree with the Chair of the Health and Social Care Committee, my hon. Friend the Member for Winchester (Steve Brine), who said that it is a shame to see children’s health being made a party political issue, because surely everybody in this House, from every party, wants children’s health to be as good as possible. In that vein I declare an interest as both a consultant paediatrician and a member of the Royal College of Paediatrics and Child Health.

I was pleased to see the shadow Minister talk about Laranya Caslin, the headteacher of St George’s Academy in Sleaford, who spoke so eloquently at the Select Committee about her experiences of children vaping in her school. Let me reflect on some of the things that she said. She said that there was heavy peer pressure in school encouraging children to vape. She said that vaping was seen to be cool and that children had to vape to feel that they were part of the in-group. She also talked about how it has a higher burden of addiction. She said that, sometimes, children would go out at break time to have a cigarette, or to share a cigarette with friends, but now they vape not just during break times but need to top up during lessons. That continual top-up is something that we see in Parliament, too. Yesterday, while eating in the Tea Room, a Member of the House was vaping at the table. It must be said that we did have quite a long session of votes yesterday. During voting, in the Labour Members’ cloakroom, a Member of the Opposition Front Bench was sat vaping. We are seeing people topping up anywhere and everywhere it would seem, and that is something that I would like to see stop.

As many Members have mentioned, the flavours and colours of vapes are very child-friendly: there are even unicorn flavours, which I struggle to believe are directed at teenagers, never mind adults. My 12-year-old would not thank you for anything with a unicorn on, because that is very much for younger children. Indeed, we saw in the Healthwatch survey that 11% of 10 and 11-year-olds are already vaping. That grew to 42.4% of 16 to 17-year-olds, with a gradual increase during the teenage years. Laranya Caslin also told us that flavours are important to the peer pressure on children to vape. She talked about how children would discuss, “Have you tried the cherry cola? Have you tried the unicorn milkshake? Have you tried the green gummy bear?” It is the flavours that enable that discussion to take place among peers, which encourages children.

I asked the industry representative, “Why do you need these flavours? Why can’t you make them basic mint flavour, no flavour at all, or tobacco flavour?” He said that when people smoke they lose their sense of taste to an extent. Indeed, the NHS website says that one of the benefits of stopping smoking is that after 48 hours a sense of taste will start to return. What the industry has found, it told me, is that if it has tobacco or plain flavoured vapes, people will move off smoking on to the vape, but when their tastebuds return they will not like the vape anymore and will discontinue their vape use. That is of course what we want them to do, but it is perhaps not what the industry wants them to do. Making it cherry cola flavoured, bubble gum flavoured, or whatever flavour the person likes to inhale means that they will continue to be addicted to that product and continue to use it. I encourage the Minister to consider that when she considers banning flavours, or which flavours should be allowed to be used.

The ten-minute rule Bill that I introduced on 8 February this year would have banned disposables. I understand that the Minister has challenges in defining a disposable in a way that the industry, which has such a heavy financial interest in the product, cannot get around and make the legislation weak quickly. I look for an update in how that is going, but 1.3 million are disposed of every week. We have heard already about the fires that they can cause, and the fact that most of them are not recycled. I understand that they are very difficult to recycle, because the nicotine salts leak into the plastic. It is not like a plastic water bottle, which can be easily recycled if it is disposed of properly. These vapes cannot be, because they become a hazardous waste, because the nicotine has leaked into the plastic itself.

[Kirsten Oswald]

The hon. Lady is making an excellent speech. Does she agree that the whole way these things are designed seems as if it is to prevent them from being recycled? They are impossible to take to bits. They contain, as she said, plastic, which is then infused with other substances. There are lithium batteries, and all manner of things. How would one possibly go about recycling that properly? I think that the answer is that one could not unless one were a specialist.

[Dr Johnson]

The hon. Lady is right: these things are incredibly difficult to recycle, and since 70% of children use disposable vapes, and they are the most attractive and cheapest for children to use, it is increasingly important that we ensure that they are not available. The call to ban disposables has been backed by a wide variety of people, including the Royal College of Paediatrics and Child Health, of which I am a member, the Children’s Commissioner, and the Royal Society for the Prevention of Cruelty to Animals. There is a widespread desire across all parties, and across communities, to see these products banned.

The industry said at the Select Committee that a ban will drive the industry underground and make things illicit, but as we heard from the hon. Lady earlier, that is already happening. There are already illicit vapes. When a school in my constituency confiscated five vapes and the police tested them, they found antifreeze and all sorts of products, including trichloroethylene, which was banned before I was born. All those types of products are contained in vapes already, so that cat is very much already out of the bag and should not dissuade us from getting rid of these disposable products.

We also heard on the Health and Social Care Committee about the health challenges. We hear that vapes are 95% safer than smoking. The industry continues to repeat that statistic. Where does it come from? How could anyone possibly quantify that? It comes from 2013, when a group of people who were not specifically experts in tobacco control got together and had a discussion. They then published a paper. Let me read something that was published in The Lancet at the time, which was more than 10 years ago. The editorial of The Lancet said:

“But neither PHE nor McNeill and Hajek report the caveats that Nutt and colleagues themselves emphasised in their paper. First, there was a ‘lack of hard evidence for the harms of most products on most of the criteria’. Second, ‘there was no formal criterion for the recruitment of the experts’. In other words, the opinions of a small group of individuals with no prespecified expertise in tobacco control were based on an almost total absence of evidence of harm. It is on this extraordinarily flimsy foundation that PHE based the major conclusion and message of its report.”

The Lancet also noted that

“one of the authors of the Nutt paper…reports serving as a consultant to…an e-cigarette distributor”,

and that another

“reports serving as a consultant to manufacturers of smoking cessation products.”

In the Westminster Hall debate on 29 June I asked the Minister to look further into the veracity of the claim that vaping is 95% safer, and whether, given that that study was 10 years ago, the modern evidence for that still stacks up. I look to the Minister for an update on how they are getting on with that, because we heard in the Health and Social Care Committee that there are significant health impacts for children, with eight children hospitalised from St George’s Academy in Sleaford alone.

We also heard about children being frightened to go into toilets, as the Select Committee Chair said. Some of those children were frightened to do so because they found that when they did, it triggered their asthma symptoms. Those are children who do not vape, but who have asthma and are frightened to go into the toilets because there is so much vaping vapour left in the toilets by other children that it is triggering their asthma and making them unwell. Some of these children are unable to go to the toilet all day, which leads them to have problems not only with asthma, but with urinary retention, which potentially leaves them at risk of urinary infection and incontinence issues in later life. It is for that reason that Dr Stewart from the Royal College of Paediatrics and Child Health told us that she supported a ban on the use of vaping in public places.

I would also like the Minister to look at the use of accessories. On Etsy.com today, under the categories “girly smoking accessories” or “cute smoking accessories”, for £7.78—within the pocket money range—one can buy a teddy bear vape stand. It is a tiny teddy bear that people can stand their vape in when they are not using it. Will the Minister look at whether such items are suitable for sale, given that they are essentially there to attract children to this activity?

Moving on to advertising, we have a bizarre situation where Transport for London banned an advert for “Tony n’ Tina’s Wedding” that initially featured a picture of a three-tier wedding cake, because it would encourage people to eat fat, salt and sugar and that might drive the obesity crisis. That was on the tube, yet TfL buses have many adverts for vaping, including ones that appear to me personally to make vaping look cool and something to be aspired to.

I think TfL’s priorities are all wrong. The London Bus Advertising group states, as part of the group’s advertising to encourage people to put their adverts on the buses, that 5.8 million people would see the buses per week. I would ask those on the shadow Front Bench to use their good offices with the Labour Mayor of London to consider whether he can influence the chair of TfL to remove not just cake adverts, but vaping adverts from places such as tubes, buses and taxis, where they may be seen by children.

In the Minister’s opening remarks he talked about tobacco track and trace, and I wonder whether he is planning to bring in the same for vaping.

The other thing I want to talk about is taxation. Other hon. Members have talked about the price of disposable vapes and how they are accessible with pocket money. Very rarely comes an opportunity for a Chancellor to bring in a tax that will promote the public’s health, still make vaping cheaper than smoking, protect our children’s health and be relatively popular, yet raise revenue. While we wait to ban the disposable versions, I encourage the Chancellor to consider adding at the next fiscal event perhaps £5 to the price of a vape, to move them out of the pocket money range.

In summary, the Minister needs to look at a whole range of measures to challenge children’s vaping, including price, location, sale and use, colours, flavours, disposable items, advertising, education and enforcement.

--- Later in debate ---

[Jerome Mayhew]

As the hon. Lady says, that is what they all say. Obviously that is wholly inappropriate, but part of the problem in reaching the correct solution to this shared concern has been demonstrated by the richness of the debate we have had today.

All sorts of suggestions have been made. My non-exhaustive list indicates that some hon. Members said that we should ban flavours. Some of them said that we should ban all flavours; others said that we should ban only flavours that are targeted directly at young palates. There have been suggestions that we should ban disposable vapes, or that we should require bland packaging for vapes, although others suggested that the issue is not so much the packaging as the fact that they should be hidden behind closed doors. There has been a suggestion that we should increase the cost of vapes, but that was controversial—the hon. Member for North Tyneside (Mary Glindon) rightly pointed out that for adults seeking to give up smoking who are on very limited means, the cost of vapes is a very relevant consideration.

[Dr Caroline Johnson]

The cost is indeed important, both in pricing children out of the pocket money market and in ensuring that smokers who are seeking to quit can do so. However, to a smoker who can afford a packet of cigarettes, even if £5 is put on the cost of a disposable vape, as my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) described, the vape is still cheaper.

[Jerome Mayhew]

I am grateful for that intervention. I do not have skin in the game about whether it is better to have a higher cost or a lower cost, but my hon. Friend’s intervention has highlighted my fundamental point, which is that this is a complex area where we need evidence to base our policy on.

It has been suggested that we should crack down on marketing. Others have suggested that we should increase education in schools, and there is a wider debate about schools policy and the use of loos in schools. There are other concerns, overriding all of these, about what impact our actions in relation to vapes—including single-use vapes—could have on the ability of adults to give up smoking, in order to continue the downward trend of smoking addiction in this country. These are serious and interrelated issues. If this debate were to result in a Division, there is no way that I could support the Labour motion, which focuses solely on banning branding and advertising for the young, because it may not go far enough. It may just focus on one little area, when the richness of the debate on both sides has highlighted how much wider and more complex the issue is.

As such, what we are really talking about is not so much our concerns about vaping, including by children: the main issue is, “How should we make our law?” It is a given on both sides of the Chamber that action should be taken, and the first speech on behalf of the Government, made by the Under-Secretary of State for Health and Social Care, my hon. Friend the Member for Harborough (Neil O'Brien) made it clear that the Government have already acted and are intending to go further. In fact, the Secretary of State said at Health questions yesterday that the Government were looking to go further, particularly on single-use disposables. It is not a question of whether we are going to act: the question is, on what basis do we act? For my money, we should act on the evidence and not solely on anecdote, important though that is.

--- Later in debate ---

[Helen Hayes (Dulwich and West Norwood) (Lab)]

I am grateful to all right hon. and hon. Members who have taken part in what has been a largely consensual debate. We have heard from colleagues across the House about the growth in the number of children who are vaping, concerns about physical and mental health impacts, the disruption to education and the drain on staff time in schools.

The Chair of the Health and Social Care Committee, the hon. Member for Winchester (Steve Brine), spoke of the evidence that the Committee has heard on the impact of vaping on the education of students, including interruptions to exams. My hon. Friend the Member for Ealing, Southall (Mr Sharma) highlighted the ongoing prevalence of smoking and the need for further work to tackle illegal tobacco sales as well as work to tackle vaping. The right hon. Member for Romsey and Southampton North (Caroline Nokes) spoke about the important role of vapes in smoking cessation. There is no disagreement from the Opposition on that. I am not so grateful to her for taking me back to the revolting smoke-filled environment of the toilets in my secondary school in the 1980s, which is a memory that I had long since sought to banish.

My hon. Friend the Member for North Tyneside (Mary Glindon) spoke about the need for better enforcement of the existing age verification regulations regarding vapes. The hon. Member for Erewash (Maggie Throup) highlighted the sophistication of the packaging, design and presentation of vaping products in retail outlets and how attractive that makes them. My hon. Friend the Member for City of Durham (Mary Kelly Foy), who has a long track record of work on this issue, highlighted the extent of the evidence on vaping that is already available to the Government. The hon. Member for Darlington (Peter Gibson) highlighted the impact of disposable vapes on the environment and the increase in plastic pollution. My hon. Friend the Member for Birmingham, Erdington (Mrs Hamilton) spoke from her experience as a former nurse and highlighted the serious problem of vaping equipment being used to distribute more dangerous substances by young people.

The hon. Member for Sleaford and North Hykeham (Dr Johnson), who spoke from her extensive work on this subject, highlighted concerns about the accuracy of data on the safety of vaping. The hon. Member for Tiverton and Honiton (Richard Foord) spoke about work in his constituency that shows it is possible for retailers to take a different approach to vapes. My hon. Friend the Member for Stockton North (Alex Cunningham) highlighted the Government’s failure to act on advertising. My hon. Friend the Member for York Central (Rachael Maskell) spoke about the lessons that can be learned from the anti-smoking measures that have been so successful as well as the need to recognise this issue as one of addiction and to locate it in the wider landscape of the addiction economy.

Vaping has shifted from a smoking cessation tool to a recreational activity in its own right, driven by the rapacious desire of tobacco companies—which fund many of the largest vape suppliers—to keep making a profit from the highly addictive substance of nicotine. The growth in the use of vapes by 11 to 15-year-olds has been rapid, increasing by 50% in the past three years. One in five 11 to 15-year-olds in England used vapes in 2021. The figure will be higher now.

The important role of vaping in smoking cessation has led to a widespread perception that it is a harmless activity, rather than a less harmful activity than smoking. Last year, 40 children were admitted to hospital for suspected vaping-related disorders. Young people using e-cigarettes are twice as likely to suffer from a chronic cough than non-users. There are reports that nicotine dependency contributes to cognitive and attention deficit conditions, and worsened mood disorders.

[Dr Caroline Johnson]

The brain develops gradually over time, and is thought to continue developing in people until they are 25. Some countries have different age limits for different things. Does the hon. Member think that 18 is the right age limit for vaping?

[Helen Hayes]

The hon. Member speaks from her experience on this issue. We have set out a motion containing some immediate actions that the Government can take, which are well-evidenced, particularly from the approach taken to combat smoking. I agree that the Government should look urgently at other aspects of the regulatory framework on vaping, some of which we have heard about today.

Vaping products are marketed directly to children, named after sweets such as gummy bears, Skittles and tutti frutti, in brightly coloured packaging decorated with cartoon characters. There is also evidence, including from research undertaken by one of my constituents who I met during evidence week last week, of the burgeoning growth in vaping among 18 to 25-year-olds, almost entirely unrelated to smoking cessation. A new generation of vaping products has been designed to be desirable objects in their own right. If action is not taken to tackle the accessibility of vaping to children, we can only expect vaping among young adults to continue to grow.

--- Later in debate ---

[Maria Caulfield]

That is the balance we have to create. We do not want unintended consequences whereby we reduce the use of vapes in under-18s but also stop their use among those who are quitting smoking. We know from our evidence that vaping is much safer than smoking. For those communities, very often in deprived areas, where there are higher rates of smoking, we do not want the cost of vapes to be prohibitive and for people not to switch to them instead of smoking.

Our current laws protect children by restricting the sale of vapes to over-18s and limiting nicotine content, and there are regulations on refill bottles, tank sizes, labelling requirements and advertising restrictions. It is important that we remember that regulations are in place, and it is important that they are enforced.

[Dr Caroline Johnson]

The Minister is talking about evidence that vapes are much safer, but I notice that she has not used the 95% figure that is used by the industry. Clearly, the absence of evidence of harm and evidence of the absence of harm are different things, so will the Minister clarify whether she has evidence that vaping devices are much safer? Or does she just not have evidence yet, because they are so new, that they are not dangerous?