Illegal Vapes

Peter Gibson Excerpts

Tuesday 16th January 2024 Westminster Hall

[Peter Gibson (Darlington) (Con)]

I beg to move,

That this House has considered the matter of the use and sale of illegal vapes.

It is a pleasure to serve under your chairmanship, Sir Mark, and I am pleased to have secured this debate, in order to highlight my concerns about the use and sale of illegal vapes.

As a country, we should be pleased with the progress that we have made in reducing smoking, with smoking rates falling to their lowest since records began; now, only 12.9% of the population smoke. In some part, this progress is down to the wide array of nicotine replacement products: patches, pouches, gum, and of course, in more recent years, vapes.

However, despite vapes being an effective alternative for adults to use in order to quit smoking, we must be concerned about the risks they pose to children and non-smokers. Vapes are not risk-free. Nicotine is a highly addictive substance, whatever means are used to absorb it, and there remain unanswered questions about the longer-term use of vaping. As Professor Chris Whitty, the Chief Medical Officer, has said:

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape.”

I have concerns about vaping that I wish to raise with the Minister in this debate. They are threefold: first, the availability of vaping products to children; secondly, the sale and supply of illegal vaping products to children and adults; and thirdly, the organised crime and exploitation that lie behind the illegal products.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman for securing this debate. Many people see vaping as an alternative to smoking and it probably is, but that does not mean that it is, in some cases, any less destructive. Indeed, it has become an overnight epidemic, with vape shops popping up, including in Newtownards, the main town in my constituency. My concern has always been about the regulation of these pop-up shops; they come here and they disappear, only to pop up somewhere else.

Does the hon. Gentleman share that concern and agree that there must be a licence to sell vapes, which should be vigorously checked by the local council to ensure that laws are being adhered to, so that the things he has expressed concern about regarding children gaining access to vapes cannot happen?

[Peter Gibson]

It would not be a Westminster Hall debate without an intervention from the hon. Gentleman. He anticipates two of the points that I am about to come on to in my speech—first, the popping up of these shops; and secondly, the need for licensing. So, I thank him for his intervention.

Legally supplied cigarettes have reached a price that puts them beyond the reach of children’s pocket money. That has been brought about by a raft of measures, including a ban on smaller packets, a ban on advertising, plain packaging, concealed displays and raising the legal age to buy cigarettes to 18. However, we have seen a worrying trend of children taking up the habit of vaping; the latest figures show that some 20% of children have tried vaping.

Those children have taken up the use of a product that is designed to help people to quit smoking, but—this is the important point—they themselves have never smoked. We know that the flavours, packaging and design of vapes are attractive to children, and that vapes are on very visible display in shops, in contrast to the cigarettes that they are designed to replace.

As with the sale of cigarettes, the sale of nicotine-related products is restricted to people over 18, but that restriction is clearly not working. To my mind, many of the measures that we introduced to curtail smoking need to be considered again in addressing this problem.

I have met the parents of children who are addicted to vaping. It is not uncommon to see children vaping in the street and the whole disposable vape industry is visibly responsible for the increase of litter on our streets, which local authorities face huge difficulties in dealing with and which increases the risk of fire in general waste collections.

The Local Government Association is deeply concerned about what to do with the almost 200 million disposable vapes that are thrown away every year in our country, and we should all be concerned about their environmental impact. However, my primary concern is the use and sale of illegal vapes, which do not always comply with our legislation and often have much higher concentrations of nicotine. They are sold with much higher capacities than their legal equivalents. It is estimated that a staggering one out of every three vapes sold in the UK is illicit. They are being sold with no care whatever for the user.

In the north-east, we have seen tragic cases of young children hospitalised as a result of using high-strength illegal vapes. The sale of these products is often concentrated in pop-up mini-markets, which are easily identifiable and distinguishable from reliable and traditional corner shops. Once upon a time criminality hid away, but these operators hide in plain sight. These shops appear quite rapidly, with blocked out windows, vivid lighting and a sparse supply of genuine goods on the shelf and are often, although not always, also selling illegal tobacco products.

I want to put on the record my thanks to Phoebe Abruzzese from The Northern Echo in Darlington for her campaigning journalism on this issue, and I am pleased to be working with her to highlight this problem.

[Gareth Johnson (Dartford) (Con)]

I am grateful to my hon. Friend for securing this debate. He is right to want to see a clampdown on illegal vapes. They are very different from those produced by responsible manufacturers, which help adults quit smoking and thereby save lives. Does he agree that we should continue to encourage adult smokers to vape, and that we should not throw the baby out with the bathwater over this? The responsible attitude is to allow people to use legal vapes while clamping down on the illicit ones that we see too many of.

[Peter Gibson]

I am grateful to my hon. Friend for that intervention; he raises a really important point. It is right that we encourage people to stop smoking and that smokers have an array of products available to help them, but those products must be legal. They must be supplied legally and made available in the right way.

Trading standards in Darlington, which is doing a tremendous job led by Shaun Trevor, has had much success over the past 18 months in targeting these traders. Products with a value of over £300,000 have been seized from some 23 retailers. Among those products were almost 20,000 packets of illegal cigarettes. Their sale would have resulted in a massive loss of revenue to the Exchequer—something that I am sure the Chancellor would be interested to learn about.

Last week, I went to visit a number of my local independent corner shops. They report that their tobacco sales have fallen off a cliff. In one instance, a trader of some 40 years reported that his tobacco sales had fallen from more than £7,000 a week to just £2,000. One the one hand, we can celebrate that as it will partly be the result of some people giving up smoking, but we know that the real underlying cause is that the trade has shifted to illegal sales in newly popped-up competition, which is robbing trade from our legitimate traders. Together with the footfall that tobacco sales bring to those shops and the massive loss in revenue, one retailer I visited estimates that his store is collecting nearly £200,000 less duty and VAT because of the sale of illegal tobacco. That is just one shop in one town. Imagine the scale of that lost revenue to the country as a whole.

I have shared my concerns about children vaping and about the availability of illegal products, but for me the most important aspect of this debate is the organised crime that sits behind the illegal supply and sale of these products. I know at first hand of the collaborative work going on between my local council and police in the sharing of intelligence, and I know that they are acutely aware of the damage caused to our community and the local economy. We have evidence locally that the funding for these shops is rooted in organised crime and money laundering. We know that, besides being supplied with illegal tobacco and vapes, children are being used as mules to fetch and carry the illegal products, which are stored off site rather than on the shop premises, or to act as agents by selling the vapes to their friends in the school playground. The most shocking local case was of a young person being groomed for sex with the enticement of illegal vapes. We should be wide awake to the risks in our community to young people who are exposed to exploitation in this way.

I will conclude by putting to the Minister some suggestions of things that can be done that I believe can help tackle these issues. We need to see a nationwide awareness campaign on illegal vapes for both adults and children. We need to see much-increased awareness in our schools of the safeguarding risks to young people posed by the sale and supply of these products. I would like to see all vape products in plain packaging and out of sight, just like tobacco. We need to fully explore a robust licensing system for both vapes and tobacco. We need greater collaboration on intelligence between our very small trading standards departments and police forces across the country. We need on-the-spot fines, set at punitive rates, to tackle the sale of these illegal vapes and tobaccos, and we need to see swifter premises closure orders.

I am sure that all Members are as concerned as I am about the issues that I have shared, and I have no doubt that more worrying stories will be shared throughout this debate. I look forward to the Minister’s response and to a plan that sees us clamp down on this danger.

--- Later in debate ---

[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.

--- Later in debate ---

[Peter Gibson]

I am delighted to have led the debate this afternoon and to have heard from the Minister. I was pleased to hear all the contributions from Members across the Chamber, and it is clear that there is cross-party and political-free concern about the issue of our children’s welfare. I am particularly pleased that my hon. Friend the Member for Sleaford and North Hykeham (Dr Johnson) is here, given that she is a consultant paediatrician and has campaigned long and hard on this issue. I was particularly interested in her idea about bringing in some excise duties as a way to stop illegal vapes.

I am delighted to have heard from the Minister. She stole the words that I had written down—I was going to say that she was on the warpath. She is clearly—