Under-age Vaping

Mary Glindon Excerpts

Wednesday 12th July 2023 Commons Chamber

[Mary Glindon (North Tyneside) (Lab)]

It is a pleasure to follow the right hon. Member for Romsey and Southampton North (Caroline Nokes), who made such a common-sense and honest contribution. I think everyone appreciated it.

Colleagues may know that I am a strong advocate for vaping as a way for adults to quit smoking. I am also a vice-chair of the all-party parliamentary group for vaping, so I have a lot of experience of speaking directly with the industry. Much of what I say today comes from what the industry itself is feeling and how it sees the problem of children vaping.

I have seen so many friends, and my late husband, make the switch from being heavy smokers to using—I stress this point—safe vaping products. Every minute, someone is admitted to hospital due to smoking. Someone dies from a smoking-related death every eight minutes. Pertinent to this debate remains the fact that, while not risk-free, vaping is 95% safer than smoking. More than 6.6 million adult smokers in this country have not been able to quit smoking or make the change to vaping. However, I would never advocate that someone who did not smoke or had never tried to smoke take up vaping. That is not the way forward. Vaping must be a way to quit smoking.

Like my colleagues, I support the motion. It is unequivocal that under-18s should not use or have any access to vape products. However, despite the Government’s announcement to tackle youth vaping, it remains a major concern. Far more needs to be done to address it, and as we have heard, the trend is at epidemic levels. There is nothing more heartbreaking than walking up the street or being on public transport and seeing very young people at a bus stop or gathered on the street with a vape in their hand. It saddens me, it really does.

Measures are needed specifically to target rogue manufacturers and retailers. Ultimately, no vape should appeal to a minor. Trading standards really needs the resources and the power to enforce the law. A lot of what I am saying is also what the industry is telling me it supports, whether it is the vaping industry or even tobacco firms. I know many people really do not want to hear anything from tobacco firms, but in relation to vaping we should listen to some of the things the industry itself is suggesting.

One of the most effective measures to limit youth access to vapes is surely enforcing strict age verification across all retail channels, including online platforms. Retailers are required by law to operate age verification systems to prevent the sale of vape products to anyone under 18, but some retailers, we know, do not enforce those regulations effectively. Online retailers must also have a stringent age verification process in place to prevent under-18s accessing vape products. We know that retailers can get No ID No Sale! and Challenge 25 resources. They should make use of those resources if it helps them to challenge under-age sales.

The advertising and promotion of vape products is tightly regulated in the UK. However, some irresponsible online and social media marketing can and inevitably does still reach young people, with the results we are now seeing. The Government must strengthen online and social media regulation. No e-cigarettes and e-liquids, including product, packaging and marketing communications, should ever appeal to a child. We could do something about imagery, flavour names and anything else that relates to the world of children and young people, such as comic icons, cartoon characters or sweets. That must be clamped down on. At a minimum, all e-cigarette packaging could be inspected as part of the Medicines and Healthcare products Regulatory Agency’s notification process before a product can be placed on the market. Law enforcement mechanisms should also be reinforced, with fines and penalties reflecting the seriousness of the offence. This could be achieved by aligning fines with those relating to tobacco products. His Majesty’s Revenue and Customs has recently been given the ability to issue on-the-spot fines of up to £10,000. That should be extended to trading standards.

The UK Vaping Industry Association supports all those measures. Recently, John Dunne, the director general of the UKVIA, appeared before the Health and Social Care Committee. He stressed that the Government should take “extreme action” to discourage anyone from selling to children. He reinforced the call for fines of £10,000 per instance, a licensing scheme for vape retailers, robust age verification, and greater powers to check packaging and product designs for potentially child-appealing designs.

[Dr Neil Hudson (Penrith and The Border) (Con)]

I am very grateful to the hon. Lady for giving way. My apologies, Mr Deputy Speaker, for arriving midway through the debate. I was speaking at the all-party parliamentary group on suicide and self-harm prevention.

The hon. Lady is making an impassioned speech. On limiting access to young people, when adults go to the counter to buy tobacco products they are behind black and grey metal cabinets. They are not brightly coloured and so on. Would that not be a starting point? We could get vaping products hidden behind those black and metallic cupboards, so they are not, as my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) said, all glossy and appealing at the checkout? Would that not be a starting point?

[Mary Glindon]

I do think it would. I also think vaping products are currently an attraction for shopkeepers to get people into their shops, especially young people—a bit like when alcopops were put on the front shelf. It is brilliant idea and one I hope the Minister will hear. I wish I had thought of it.

John Dunne also urged the Government to look at the new Irish laws, whereby retailers convicted of selling to children can be jailed. Should we go that far?

Since entering the UK in 2021, disposable vapes have come to dominate the market, with 70% of disposable vape sales generated by new users. Children are attracted by their branding, bright colours and sweet flavours. The latest figures from the Office for Health Improvement and Disparities show that in England youth vaping has doubled, from 4% to 8.6%. According to the latest figures highlighted by the Chartered Trading Standards Institute, more than 138 million disposable vapes are sold every year, and more than one in three products is potentially non-compliant, which means that more than 45 million non-compliant products are being sold each year. Figures have also revealed that in the last six months of 2022, 1.4 tonnes of illegal vapes were seized in, I am ashamed to say, the north-east of England alone. Trading standards officers across the country are doing their best to combat this tidal wave of non-compliant vapes. In March 2002, the tobacco company JTI UK commissioned tests on a variety of popular disposable vapes in the UK, and discovered that 25 out of 28 products were not legally compliant as they all exceeded the e-liquid volume and nicotine strength limits mandated by law.

Although the figures are stark, I do not advocate banning disposable vapes, but regulation must be tightened. For some people on low incomes, disposable vapes are an affordable way to kick the smoking habit. We do not want to send a message that vaping is bad, because we want some of those 6.6 million people to stop smoking by switching to vaping. Despite the Government announcing measures to tackle youth vaping, it is still a major problem and much more needs to be done to combat it. The Government must ensure that regulations are effective in targeting rogue vape producers and retailers, and not the elements of the vaping industry that are trying to sell responsibly to adults. We have to make sure that vaping remains accessible by adults who are trying to stop smoking.

The industry has produced a set of proposals on amending the Tobacco and Related Products Regulations 2016 to ensure that all nicotine and non-nicotine e-liquids are regulated in the same way, and that all e-cigarettes and e-liquids, including their product packaging and marketing communications, do not appeal to minors, by prohibiting the imagery we have heard about today. To complement that, all e-cigarette packaging should be inspected as part of the MHRA notification process before products can be put on the market. Law enforcement mechanisms should be reinforced with the fines and penalties that have been suggested, including the £10,000 fine, and the power to impose penalties should be extended to trading standards. That would be a practical way for them to help tackle this problem. We all know that trading standards need more resources than the Government have promised, given the sheer scale and scope of their work and the specific problem of youth vaping.

The Government have a clear opportunity to address youth vaping with its recent consultation. Clear steps must be taken to ensure that only safe and responsible vapes are available on the market, and that sufficient enforcement measures are in place to ensure that children are not targeted. It is the job of Government, the industry and enforcement agencies to work together to create a regulatory framework that acknowledges the important role vapes play in providing support for adult smokers to quit and prevents their appealing and being accessible to under-18s. The time for action is now. The Minister and the rest of the Government must heed today’s debate.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Health and Social Care (Maria Caulfield)]

I thank the many right hon. and hon. Members who have made a valuable contribution to this afternoon’s debate. I will respond to the issues they have raised throughout my remarks.

I will start, without dismissing many of the concerns we have heard, by reiterating the importance of vapes in helping smokers move to healthier alternatives than cigarettes. Vapes are helping us to reach our smokefree 2030 target. There are currently about 3.5 million vapers in England, 47% of whom are ex-smokers and 39% of whom are dual users. The best thing, obviously, is for a smoker to stop smoking completely, but as shown in the recently published “Nicotine Vaping in England” report, there is clear evidence that vapes are substantially less harmful to health than smoking. With around 3 million users, vapes have become the most popular quitting aid in England and evidence indicates that they can help smokers to quit, particularly when combined with additional support from local stop smoking services.

That is why, in April this year, the Government announced a range of new measures to meet our smokefree 2030 ambition and reduce youth vaping. We have 1 million smokers who will be encouraged to swap their cigarettes for vapes through a new national “swap to stop” scheme, the first of its kind in the world. Pregnant women will be offered financial incentives, in the form of vouchers, to help them to stop smoking, alongside behavioural support. We will also consult on introducing mandatory cigarette pack inserts with positive messages and information to help people quit smoking. It is important to point those out, as the hon. Members for North Tyneside (Mary Glindon) and for Ealing, Southall (Mr Sharma) did.

[Mary Glindon]

Will the Minister confirm that the statement made in the 2015 evidence update by Public Health England, that vaping is 95% safer than smoking, remains valid today?

[Maria Caulfield]

I thank the hon. Lady for that point, which my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) also raised. The 2015 evidence study was indeed conducted by Public Health England. The most recent evidence we have, from 2022, does not give that precise figure; it does emphasise that vaping is safer than smoking, but does not indicate by how much.

As the debate has made clear, despite vaping’s effectiveness as a tool to quit smoking, illegal under-age vape sales are a growing concern for many parents and teachers across the country, and vaping has increased rapidly among under-18s in the past 18 months. The recent rise in teenage users shows that vapes are being used beyond their intended audience. As my right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) highlighted, there are multiple reasons for that, but whether it is packaging, naming or flavouring, the unintended consequences are clear. As my hon. Friend the Member for Broadland (Jerome Mayhew) pointed out, these consequences are not necessarily easy to deal with, as there may be unintended consequences of doing so—for example, tax increases on vapes might prevent people who want to give up smoking from doing so. There are no easy solutions, so we need to take our time before making further decisions. That is why in April we launched a call for evidence on youth vaping. It closed last month, and officials at the Department have begun to examine the responses. We will set out our response in the autumn.

Other speakers, such as my hon. Friend the Member for Erewash (Maggie Throup) spoke about why it is so important that we consider going further. My hon. Friend the Member for Sleaford and North Hykeham, who speaks with considerable experience, pointed out that this not a party political issue, but a cross-Government matter, with the Department of Health and Social Care dealing with safety, the Department for Education providing advice to children, the Department for Culture, Media and Sport dealing with the role of advertising, and the Department for Environment, Food and Rural Affairs dealing with the disposable products element. To stop children buying vapes, we also need businesses to comply with existing regulations and to abide by the standards we have set. To help enforcement of the regulations, we have teamed up with enforcement agencies to fund a new illicit vaping unit, which will remove products from shelves and at our borders, and stop the sale of vapes to children.

In May, the Prime Minister announced further measures, including closing a loophole that allows industry to give out free samples; increasing education and supporting designated school police liaison officers’ work to keep illegal vapes out of schools; and reviewing the rules on issuing on-the-spot fines to shops selling vapes to under-18s, as well as the rules on selling nicotine-free vapes to under-18s, to ensure that the rules keep pace with how vapes are being used. To respond to a point made by my hon. Friend the Member for Eastbourne (Caroline Ansell), we are also looking at adding lessons on the health risks of vaping as part of the current RSE curriculum review. Those measures will help headteachers and other school leaders to manage vaping on school premises and inform young people about the risks of vaping, with a view to reducing the number of young people who are currently vaping or might be tempted to try it in the future.

As a number of speakers pointed out, we must of course be wary of the environmental impacts, in particular of single-use disposable vapes. Increasing use of these products is leading to their improper disposal. That is why DEFRA is soon to consult on reforming the Waste Electrical and Electronic Equipment Regulations 2013 to ensure that more of this material is properly recycled. We shall continue to work with the sector and industry to help businesses to understand their responsibilities, both to ensure that their environmental obligations are met, and to ensure that products are not marketed to children, are produced to the highest UK standards, and are compliant with our regulations.

I emphasise that until recently our vaping regulations have been effective in keeping rates of vaping among under-18s low, but of course we acknowledge that there are problems and that we have seen an increase in usage, which is why the consultation is about looking into what more we can do.