Illegal Vapes

Debate between Kirsten Oswald and Peter Gibson

Tuesday 16th January 2024 Westminster Hall

[Kirsten Oswald]

No, I do not accept the hon. Gentleman’s proposition at all. That is absolutely wrong-headed. We can see in front of our eyes that these products are so attractive to young people that they are hooking them in—[Interruption.] The hon. Gentleman is mumbling from his chair. If I can finish my speech, I will set out for him that these products are hooking young people in and getting them addicted, and some of these young people then go on to start smoking. That is far from the situation he laid out, and we should take a very serious attitude to these products.

I have spoken about the harms caused by legal vapes to the planet, whether it is plastic, overuse of precious metals or fires. We have heard today about the impact that these substances have on the young people who ingest them, which should be of significant concern to us. Vaping is popular among young people. Since 2021, there has been a more than sevenfold increase in the number of 11 to 17-year-olds vaping and using disposable vapes rather than reusable ones. These devices are colourful and attractive, with snazzy names and fruity flavours. Vaping has risen so rapidly among children that one in five are now using disposable vapes.

We are not speaking about a smoking cessation mechanism. We are speaking about something that health professionals increasingly warn about. They are increasingly worried about a generation of young people who are hooked on nicotine. As the Royal College of Paediatrics and Child Health has said:

“Youth vaping is fast becoming an epidemic”.

Despite all that, and despite the fact that the public would be concerned to know all these things, we have this stream of illicit, and other, vapes on our streets. We know that local shops are the most likely source for young people to come by them, and we have heard quite a lot about that today. There is also the online space, which is a source of significant concern to me. Unregulated and untested products are coming via the online space, and we have no idea what harms will be caused to the young people consuming them.

I met a business owner from my area last week, and she talked me through her concerns about illegal medical products—obviously not proper medical products. She showed me how she was targeted by online accounts pushing these goods to her. She is a responsible professional and she resisted, but let us be clear that there are many and complex routes by which these illicit vapes arrive here, just as there are for illicit medical products. All those routes need to be closed down, and they need to be closed down now. Whatever the disposable vape, it causes harm.

We know that there are significant kinds of harm being caused with the flavours and the colours. We have heard from the hon. Member for Hastings and Rye (Sally-Ann Hart) about the worries that Action on Smoking and Health spoke about. We are hearing more and more about vape use being glamourised online, and when people under the legal age cannot purchase vapes legally, they are purchasing them illegally or purchasing illegal ones.

The public health messaging on this issue is not as clear as it should be. The hon. Member for Dartford (Gareth Johnson) tried to tell me that vapes would be a perfectly reasonable way to expect adults to support themselves in smoking cessation, but that is not right and that should not be what the public health messaging tells us. We heard from the hon. Member for Darlington that vapes are a gateway to other, sometimes very serious, concerns and to riskier behaviour, such as smoking and substance abuse. He eloquently outlined the even greater and more significant harms that can be caused.

These things are arriving in huge numbers. I am grateful to the Advertising Standards Authority, which met with me after the most recent vape-related debate I spoke in. It is doing significant work trying to uphold the ban on advertising in various places, including on social media, of nicotine-containing cigarettes that are not licensed as medicines. None the less, Members may have seen adverts that would cause them to think that was not the case, and that is part of this torrent and this pushing of vapes, which needs our urgent attention.

Indeed, vapes need attention across the world. Let us be clear that the scale of the problem and the potential harms to young people and the planet should cause us deep worry. I read a really interesting piece by Chris Kirkham from Reuters last month about the owners of Elf Bar, which is a company with roots in China. Elf Bar products are very popular here, and the company is now, according to Reuters, flooding the US with illegal vapes—ones not covered by Food and Drug Administration regulations.

[Peter Gibson]

Will the hon. Lady give way?

[Kirsten Oswald]

I am going to make progress, but if I have time, I would be happy to let the hon. Gentleman come in later.

Elf Bar is simply ignoring those regulations to get its products to market. In the UK, it is taking a different approach and complying with regulations so that it can—one presumes—sell the maximum number of its products. That means that we need different regulations that will stop the surge in young people vaping. Of course, if we banned all disposable vapes, it would be far easier to identify the illicit ones, because all vapes would be illicit. It is far better that we close down the distributors and that we do so in a wholehearted way.

I have spoken before about my own concerns about sports advertising of vapes. I spoke about Blackburn Rovers, and a 15-year-old footballer, who came on as a substitute in their FA cup win recently, made history as their youngest ever player. However, his shirt did not have the club sponsor, Totally Wicked, on it. Blackburn Rovers said that, as the legal vaping age in the UK is 18, under-18s cannot wear that logo—but they can still see it, because it is displayed on everyone else’s strip. We would not want tobacco companies advertising on sports strips. We would not want whisky, beer or cider companies on sports strips. None of those things should be acceptable to us, and advertising for vapes should not be acceptable to us either. If we are serious about dealing with the harms that young people experience because of vaping, we should expect sports clubs to take that seriously too. The claims by both Blackburn Rovers and Totally Wicked at the time that vaping had a positive and proven role in supporting the reduction of smoking are simply not credible when we think of the young people who are interested in football.

I will bring my remarks to a conclusion. I noticed recently that some vaping companies are actually going out and looking for sportspeople to sponsor. I think that is hugely dangerous and hugely unwelcome. I ask the Minister to give us some of her thoughts on that matter in her response.