Vaping Products: Usage by Children

Lord Foster of Bath Excerpts

Monday 2nd September 2024 Lords Chamber

[Lord Foster of Bath (LD)]

My Lords, I congratulate my noble friend Lord Storey on securing and so effectively introducing this wide-ranging debate. Like him, I am enormously grateful to the many organisations, including the Library, that have provided such useful briefings for us. They made quite worrying reading. For instance, I learned from Society Inside that

“almost 1 million young people have tried vaping”

and, crucially, that

“by the time they leave school over 30% regularly vape”.

It is very clear from the debate so far that there is widespread support in your Lordships’ Chamber for action to stop children using vaping products. I suspect that there is widescale support for the view of the Chief Medical Officer that

“marketing vapes to children is utterly unacceptable”.

I certainly share those views, so I am particularly pleased that the current Government are picking up where the last one left off with what they claim will be measures to further combat smoking and youth vaping. I very much hope that we will hear more about those plans when the Minister winds up.

But I strongly agree with those who have pointed out that new legislation alone is not enough. After all, the vast majority of those 1 million children who have tried vaping bought vapes either from shops or online, so it is quite clear that current legislation, which bans their sale to under-18s, is not being effectively enforced. Improved enforcement will be a vital component of any new measures that are introduced. It is worth recalling what an important role local authority trading standards departments have to play in this. Yet, as we know, they are very badly underresourced. Any new measures must include additional resources to enable the training of additional trading standards officers.

While bearing in mind that we also need to have tougher deterrents, such as higher fines, for retailers that break the law, we must recognise that we have a huge backlog in our courts. I hope consideration will also be given to allowing the use of fixed penalty notices against those who flout the rules.

I want to make just two points to help strengthen the case for action, one relating to health and one to safety issues around lithium-ion batteries. To echo the concerns of the noble Lords, Lord Winston and Lord Bethell, and others, I acknowledge that we have the benefit of more than 60 years of research into the links between smoking and health—research that has led to many of the measures that have been taken to reduce smoking so effectively, as the noble Lord, Lord Naseby, reminded us—but research into the health risks associated with vaping is in its infancy. The medical department of Johns Hopkins University in the States recently wrote:

“With tobacco, we have six decades of rigorous studies to show which of the 7,000 chemicals inhaled during smoking impact the lungs. But with vaping, we simply don’t know the short- or long-term effects yet and which e-cigarette components are to blame”.


But the emerging findings are worrying. The World Health Organization has said that vapes are harmful and that the dangers of vaping, especially by children, are of concern. Prior to becoming Secretary of State for Health, Wes Streeting MP pointed out that although vaping helps smoking cessation,

“we should not send the message to the country that vaping is good for our health or that it is without harmful consequences”.—[Official Report, Commons, 16/4/24; col. 196.]

We already know of the presence of cytotoxic metals and silicate particles and of a range of chemicals in e-cigarette vapour that can lead to lung tissue inflammation and damage. I know a little of this from personal experience. I used to be a heavy smoker, but several years ago I was able to quit by becoming equally addicted to my vape. Then one night, during the election campaign, I coughed up a great deal of blood. A range of tests led to the discovery of three lumps in my lungs, with the suspicion that I had lung cancer. Fortunately, further tests revealed that the lumps are not cancerous—at least, not yet. No one was entirely sure what had caused the lumps to develop, but I felt pretty certain that the vaping had been a major contributory factor.

Of course, I am well aware of the dangers of amateurs doing Google searches about their own health. However, I did the reading about vaping harm. As a result, I am pretty certain that I have vaping-related lipoid pneumonia resulting from inhaling oily substances found in e-liquid. Of course, I do not really know, but I do know that while vaping may be safer than smoking, it is not without its dangers. This is especially so for children, which is why there is an urgent need—even in the absence of the additional research that is desperately needed—to adopt, as the noble Baroness, Lady Bennett, pointed out, the precautionary principle and to take all necessary steps to stop children vaping.

My second point relates to the safety of lithium-ion batteries which power vapes. I have frequently raised my concerns about the safety of lithium-ion batteries in your Lordships’ House. They are increasingly important. They store more energy than any other type of battery, allowing for longer use, but if overheated through misuse, damage or using substandard charging, they can create fierce fires with very high temperatures that are difficult to extinguish and which release toxic gases.

In the context of vaping, it is the disposable vapes that are the most concerning. It is estimated that well over 84 million disposable vapes are thrown away each year. As the noble Baroness, Lady Bennett, pointed out, that is 10 tonnes of lithium thrown away every year. But the real worry is how disposable vapes are got rid of. Producers of vapes are not doing what they should to recycle electrical waste from vapes. Shops selling vapes often do not, as they should, have recycling points. So most disposable vapes simply end up in domestic rubbish. They get picked up by refuse vehicles, which then compact all the rubbish in a process that can damage some of the batteries and lead to thermal runaway fires in the vehicles. There has been a huge increase in the number of such fires in the last few years, and even if they are not damaged in the refuse vehicle, they can be during the compacting process at landfill sites where, again, the number of fires has increased significantly. On these and related environmental grounds alone, there is a strong case for banning all disposable vapes, and I hope that the Minister will assure us that this will be included in the Government’s plans.

Finally, I should point out that when I did vape, I never used disposable vapes, but now, given my own experience, I do not use any type of vape and have to rely on gum to help my addiction instead. I just hope that measures will soon be in place that prevent children needing to do the same.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department of Health and Social Care (Baroness Merron) (Lab)]

My Lords, I congratulate the noble Lord, Lord Storey, on securing a debate on this important and current issue. I, too, appreciated his introduction and the way in which he and the noble Lord, Lord Bethell, described the explosion of vaping and put it in the context of a situation that has perhaps gone way beyond being an aid to quit smoking, something that I think that speakers in this debate, including the noble Lord, Lord Naseby, acknowledge.

I share many of the concerns raised about the growing problem of youth vaping. The rate of children who vape has tripled in the past three years, and nearly one in five children has tried vaping, which I find deeply disturbing. This cannot go on. I assure noble Lords—I hope this is one debate in which I can bring good news to most noble Lords—that we will take bold action to reduce the number of children using potentially harmful products because the health message is very clear: if you smoke, vaping is much safer, but if you do not smoke, do not vape. Marketing vapes to children is unacceptable.

I am pleased to have the opportunity to provide an update on what this Government are doing to tackle the issue through the upcoming tobacco and vapes Bill, as well as on the action that we are taking now by strengthening enforcement activity and education. It is shocking that vapes and other nicotine products are being deliberately promoted to children. This should never happen. That is why His Majesty’s Government will go further than the previous Government, as was set out in the Labour manifesto. We will ban vapes being branded and advertised in ways that appeal to children and will stop the next generation becoming hooked on nicotine. The tobacco and vapes Bill will make that manifesto commitment a reality, and I am sure that noble Lords will be interested to know that I can say that it will be introduced very soon.

Noble Lords focused, rightly, on limiting the appeal of vapes to children. It is cynical to target vapes to children through not only direct marketing but colourful packaging, vibrant in-store displays and the large variety of apparently appealing flavours, such as gummy bear and cotton candy. This is abhorrent, as the noble Baroness, Lady Walmsley, rightly pointed out. To reduce the appeal of vapes, we will limit the range of flavours available and introduce limitations on packaging and shop displays. This will be done through secondary legislation as soon as possible after the tobacco and vapes Bill has passed. We will undertake consultation on these measures to inform our approach in order that we can get it right.

There has been much reference today and previously in your Lordships’ House to disposable vapes. They are also playing a significant role in driving youth vaping. They are cheap and easily accessible, with more than 50% of child vapers using them, as the noble Lord, Lord Storey, highlighted. Single-use products are causing significant environmental harm, with 5 million disposable vapes being littered or thrown away in general waste every week. I am sure that noble Lords will welcome the fact that my ministerial colleagues in Defra are reviewing proposals to restrict the sale and supply of disposable vapes and will outline their plans shortly.

We are also considering introducing an excise duty on vaping products. We know that young people are price-sensitive; this could therefore be an effective way to reduce the appeal of vapes. However, as noble Lords have indicated, we do have to get the balance right. We need to prevent youth access on the one hand while utilising them as a proven quit aid for adult smokers on the other. So it will be important to maintain a price differential with tobacco to support adult smokers to quit.

Noble Lords were right to raise a number of points about enforcement measures. We are taking strong action against businesses which knowingly sell vapes to children, and which sell illicit and unregulated vapes, which we know can be very dangerous. I am sure the noble Lord, Lord Storey, and other noble Lords will be pleased to know that the tobacco and vapes Bill will introduce new fixed-penalty notices in England and Wales, which can be issued by trading standards officers for breaches of certain offences, such as age of sale. This will allow trading standards to take quicker action against retailers who break the law instead of escalating to a court process.

The noble Lord, Lord Storey, and the noble Baroness, Lady Walmsley, asked whether the Government will consider introducing a vape licensing scheme. As was rightly pointed out, licensing may well be beneficial for strengthening enforcement, supporting legitimate businesses, deterring rogue retailers and, ultimately, of course, supporting the mission of improved public health. It is an area that we are actively considering for inclusion in the Bill.

[Lord Foster of Bath (LD)]

I apologise for interrupting the Minister. Just before she leaves the issue of enforcement, can she confirm whether additional resources will be made available to the various enforcement agencies?

[Baroness Merron (Lab)]

The noble Lord, Lord Foster, must have predicted that this is the very next point I am coming to; I am grateful for the warm-up. The noble Lord, Lord Foster, and the noble Baroness, Lady Bennett, asked about funding in respect of enforcement. I can share with your Lordships’ House that we are providing more than £20 million per year to HMRC and Border Force to support their illicit tobacco strategy.

We will continue to work with local authority trading standards to understand how new funding can support them to undertake local-level enforcement and help introduce new measures in the tobacco and vapes Bill. I know that this is of great concern to the LGA and the many vice-presidents that we have the pleasure of hearing from in your Lordships’ House. Any future funding decisions will, of course, be confirmed through the spending review process, but we are alive to the points that noble Lords have made on this.

To further comment on enforcement capability, we are providing £3 million of funding over two years to a programme being led by National Trading Standards called Operation Joseph, to reduce the sale of illegal vapes and nicotine-containing vapes to under-18s. This builds on existing work by trading standards officers across the country to tackle illicit vapes.

On educating children, this is a key issue, as noble Lords will be aware. We are also educating children on the dangers of vapes, to prevent their use in the first place. The school curriculum includes reference to the health risks of vaping and information is available on the Talk to FRANK website. Resources for teachers, including lesson plans, are also available on the DHSC’s School Zone.

I turn to the question of short- and long-term harms. While we know that vaping is less harmful than smoking and can be an effective way to quit, we do not know the long-term health harms that may emerge from vaping, and the potential risks to children. To fill that evidence gap, the department is exploring options to commission research on the long-term impact of vaping, so that we can fully understand the harms of vaping and the potential impact on our children. I listened closely to my noble friend Lord Winston’s contribution on the need to understand the harms in an evidence sense. Clearly, this is something to which we will need to apply ourselves.

I turn to further specific questions that noble Lords have raised. The noble Lord, Lord Bethell, asked about the proper supervision of vapes and their contents. I can say to him that there will be new powers in the Bill to allow us to be agile, and to respond appropriately and quickly to the latest evidence on vaping and nicotine products. We will have powers to have better oversight and control of the market and respond more quickly to technological developments, ensuring that only safe vaping products are used by smokers.

The noble Lord, Lord Naseby, and the noble Baroness, Lady Walmsley, asked about public health resources. It is absolutely right that we have to provide children and young people with evidence-based information, which is why we will continue to work with the Department for Education to update the curriculum and provide teachers with the latest resources.

My noble friend Lord Winston asked about regulation of the content of vapes. This is indeed an issue; to address it, we will extend non-vaping restrictions to non-nicotine vapes to reduce their appeal, and to align our regulatory approach and ensure that children are unable to access these products.

In conclusion, I hope that the strong measures that I have outlined today will demonstrate that we will bring about definitive change to stop future generations becoming hooked on nicotine. I thank all noble Lords for their thoughtful contributions today. I look forward to discussing this issue further once the Tobacco and Vapes Bill is introduced to this Chamber. I know that today’s debate will greatly inform the passage of that Bill and its content.