Tobacco and Vapes Bill (Eleventh sitting)

Jack Rankin Excerpts

Committee stage
Thursday 23rd January 2025 Public Bill Committees

[Gregory Stafford]

Forgive me; I am not sure I fully understand the hon. Member’s point in relation to what I was just saying, but that is probably because I have not explained myself well enough, not because he has misunderstood it. I entirely agree that the advertising of tobacco and vape products should be banned, and I agree with the sentiment and the outline in the law. All I am saying is that when the Minister or the relevant authority seeks to prosecute somebody for this offence, there may be occasions, given the complexity of the internet these days, when people may not know that their website is hosting said adverts. I do not want to labour that point again, but I am sure the Minister can respond.

[Jack Rankin (Windsor) (Con)]

Members will be glad to know that I have curtailed my remarks, because the Conservative Benches almost seem to be in agreement, which will delight the Whip. However, I do have concerns about part 6 and some questions on a couple of specific points, and I would appreciate it if the Minister considered them.

One of my concerns is the potential weakness of the public consultation aspect. It is my understanding that other parts of this Bill—particularly flavours and packaging restrictions—will be consulted on before secondary legislation is introduced, but that that is not necessarily the case for this part. This part should be subject to that same level of public scrutiny. It seems to me that experts, consumers, retailers and even legitimate parts of the vaping industry should have the opportunity to have their views heard on these clauses before the Government move forward with the legislation.

The first of the overriding concerns that have been articulated is that the Government should not accidentally make it harder for adult smokers to switch to vapes and other safer nicotine products. The Government’s own risk assessment mentions that as a risk, so I would welcome the Minister’s comments on that.

Secondly, we have to be a little bit careful about imposing burdensome restrictions on compliant small businesses, particularly convenience stores. It is my understanding that, for some convenience stores, up to a quarter of their sales come from tobacco and vapes.

On the top lines on part 6, it seems to me that the advertising and promotion of vapes and other nicotine products, including nicotine patches, could very well be an effective means of reaching adult smokers and helping them to switch. What assessment has the Minister made regarding the effect on switching rates that this advertising ban may have?

ASH reported that half of smokers incorrectly believed that vaping was more harmful than, or equally harmful to, smoking, and that trend is one that has increased. Is the Minister not concerned that, by banning the advertisement of these products, the Government could be at risk of inadvertently exacerbating that problem and undermining its own public health messaging that

“Nicotine vaping is substantially less harmful than smoking”?

To my mind, if we are to continue to encourage smokers to switch, it is crucial that they are aware of the relative risks of vapes and nicotine patches compared with cigarettes. I know that the Minister has made the point that no level of use is safe, but we are talking about the relative risks here. To my mind, there should be provision in this legislation to allow for the promotion of information on the relative harms of vapes and nicotine patches compared with cigarettes. I think that is part of the nub of what my hon. Friend the shadow Minister is getting at.

[Dr Caroline Johnson]

My hon. Friend is making some good points about the importance of ensuring that people can access nicotine replacement therapy in its various forms if they wish to stop smoking, because that will be healthier for them. I understand what the hon. Member for Winchester has said about prescription-only medicines, and that it is illegal to advertise prescription-only medicines to the public, but not all nicotine replacement therapies are prescription-only medicines, so those can be advertised to the public at the moment.

[Jack Rankin]

I thank my hon. Friend for her comment. I was struck in the written evidence—we have been overwhelmed with written submissions; I am not sure whether we were expected to read them all—by a comment by a Professor Peter Hajek when he was speaking to the Health and Social Care Select Committee. He said:

“In Tokyo there were huge, big posters showing the risk of smoking and, at one tenth of it, in a histogram, was the risk of IQOS”—

I would translate “IQOS” as heated tobacco. He then said:

“Within about five years—it has never happened before and is a fantastic achievement for public health without any involvement of Government—sales of cigarettes in Japan dropped by 50%.”

As I understand it from his description of that histogram, it was an advert by a private heated tobacco company, showing the relative sizes of the risks of cigarettes and of heated tobacco. That is something that this advertisement ban might prohibit, but that might help the Government in their aims to move to a smoke-free generation.

[Dr Johnson]

I am afraid I might need to break the happy agreement on the Conservative side. While I understand my hon. Friend’s laudable aim of encouraging those who smoke to use a less harmful product, which is a good thing, the clear evidence we have seen is that tobacco, in all its forms, is essentially harmful. Moving people from smoking tobacco in cigarettes to using heated tobacco may or may not reduce the harm, but it would still be significantly harmful. It would be better if an individual saw their pharmacist or clinician to get proper nicotine therapy, which is designated by the MHRA as a properly medically regulated product, rather than moving on to a different commercial product that is still harmful for them.

[Jack Rankin]

My hon. Friend makes her point well, and she is right that there is a slight disagreement between us. The Government should be wary—

[Dr Johnson]

rose—

[Jack Rankin]

I am going to make some progress. Even judging by the Government’s own standards, we should be treating vaped tobacco and heated tobacco very differently from cigarettes. We should be a little careful about the unintended consequences of this measure, and I hope the Minister can say how he might consult other bodies to look at those unintended consequences.

I have a small concern with the internet services measure in clause 119. Again, it seems that the Government’s aims in this legislation is to prevent targeted communication on vapes and nicotine products to adult smokers, such as via emails or digital channels, which can reach them directly. I understand the point about not wanting to aim such communication at children, but targeted communication, such as using people’s internet search history, could be an effective means of encouraging smokers to quit. I mentioned a few weeks ago the work that NHS Essex is doing with a vaping company, targeted at adult smokers. I do not think the Government, in achieving their aims of a smoke-free generation, should be too prescriptive on this.

[Andrew Gwynne]

I am grateful to hon. Members for our discussion on amendment 87 and subsequent clauses. These amendments intend to make an exemption under the advertisement ban to allow vaping products to be promoted by businesses as a smoking cessation tool for existing tobacco smokers. I am sympathetic to the shadow Minister’s intention behind the amendment to ensure that smokers are encouraged to use vapes as a quit aid. That is why the Bill as drafted will continue to support the promotion of vaping as a quit aid for smokers through the appropriate channels. By “appropriate channels”, I say to the hon. Lady that we mean public health authorities.