Illegal Vapes

Mark Eastwood Excerpts

Tuesday 16th January 2024 Westminster Hall

[Mark Eastwood (Dewsbury) (Con)]

It is a pleasure to serve under your chairmanship, Sir Mark. First, I thank my hon. Friend the Member for Darlington (Peter Gibson) for securing this important debate, which gives me the opportunity to highlight the seriousness of the use of illegal vapes and cigarettes in my constituency.

A week before Christmas, I was accompanied by a team of enforcement officers on a test purchase exercise in Dewsbury town centre. I put on record my thanks to the team for their professionalism and ingenuity. During the exercise, we discovered over 20 retail outlets selling illicit cigarettes and vapes across Dewsbury. Fourteen of them were selling illegal disposable vapes, one of which was on sale for £10—but it was £10 for 3,500 puffs. The maximum legal tank size equates to about 600 puffs, so £10 spent on that product would be equivalent to almost six legal vapes. Unlike a legal vape, however, this one had not had its chemical constituents approved by the Medicines and Healthcare products Regulatory Agency, so we have no idea what was in it.

Here are some further shocking findings from our investigation. That product was the smallest puff size available to purchase that day. Another product, available for £12, promised 4,000 puffs. Another claimed to provide 9,000 puffs for £13. For £17, two disposables claiming to provide 15,000 puffs and 24 ml tank sizes were available. The maximum legal tank size is 2 ml. Almost half the shops that sold these illicit vapes had them on display. They either did not care or did not realise that the products were illegal. The whole exercise was an eye-opener, but there have been several high-profile incidents involving the sale of illicit cigarettes and vapes in Dewsbury. Last October, £100,000-worth of such products were seized by West Yorkshire police and trading standards.

Last July, an independent report found that nearly a fifth by value and volume of the vaping industry appeared to be illicit in 2022 and that almost a third of e-liquid consumed in disposable vapes failed product compliance rules on nicotine concentrations and volume limits. It is clear that the industry finds itself in a challenging position but, in forging a path forward, it is important that we do not lose sight of other key facts. Scientific research indicates that vaping is less dangerous than smoking, with up to 95% fewer harmful chemicals in the emissions. The legal vape industry has had a positive impact on reducing smoking, converting 1.5 million people away from cigarettes. I have given up smoking in the last 12 months, and I used nicotine patches, but I recognise that there are other ways to stop smoking, including legal vapes. From a health benefit point of view, it is important that we recognise that aspect.

The legal vaping industry, like any other industry, needs protecting from criminal activity and illegal competition. There must also be a balance between discouraging young people from vaping and continuing to provide a route away from smoking for adults. Getting the regulation wrong could further undermine the Government’s smokefree ambitions and would arguably give a significant boost to the illicit trade. I therefore urge them to carefully consider the implications of any proposed legislation and changes to regulations in the future, and I look forward to hearing the Minister’s response to this important debate.