Tobacco and Vapes Bill (Tenth sitting)

Sarah Bool Excerpts

Committee stage
Tuesday 21st January 2025 Public Bill Committees

[Jack Rankin]

It should be given great weight, but generally speaking, there should be a permissive rather than a prohibitive bent in public policy—something the shadow Minister and I might disagree on.

This point, which my hon. Friend the Member for Farnham and Bordon also made, is a bit more academic. In the last few years, there has been an increasing view among the public that vaping is just as bad as smoking; up to 40% of the British public now believe that. Even though there might be some contention around the true levels of harm—I do not think the science is quite settled; vaping is not harm-free, but it is certainly a lot less harmful than cigarettes—we have to ensure that, in our messaging as politicians, we do not put vaping in the same box as tobacco, because we could stamp down on the best smoking cessation tool there is. I invite the Minister to address those points in his closing remarks.

[Sarah Bool (South Northamptonshire) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I will focus on two main points from two different organisations.

The first point, which builds on the points made by my hon. Friends, was made by Cancer Research UK when discussing packaging for vapes. The organisation is obviously in support of placing some restrictions on packaging to reduce youth vaping, but it believes that the right balance must be struck between dissuasive and neutral packaging. Interestingly, it said that it does not believe that vape packaging should be made to resemble tobacco packaging in order to reduce worsening harm misperceptions, which builds on the point made by my hon. Friend the Member for Windsor.

Cancer Research UK said that more evidence is needed to determine which colours would reduce the appeal for young people, but it is important that in doing so, we do not reduce access to vapes for adults who use them to quit smoking. It said that it wants to avoid worsening misperceptions that vapes are as harmful as, or more harmful than, tobacco, so it would make sense to choose a neutral colour for vaping packs rather than the same drab green colour of tobacco packs.

The organisation went on to talk about displays, which was a point raised earlier, but it is also interesting in this wider piece. Cancer Research UK said that, to make vapes less appealing to young people, they could be behind the counter but still on display. In its view, if the UK Government change the packaging of vapes through the powers in the Bill, that will go a long way to reducing the appeal of vapes overall, and therefore they might not need to go as far when restricting the display itself. It argued that the balance would help to ensure that vapes are still visible and accessible to adults who wish to use them to quit. It would also create a differential from tobacco, so that vapes would be behind the counter with less appealing packaging, but still visible to adults who smoke and want to quit.

[Dr Johnson]

Does my hon. Friend agree that when the Minister is considering the regulations under clause 90, he needs to consider not just what the packaging would look like in a real-world shop, but how he can ensure that the same product will not simply be available online in the original packaging?

[Sarah Bool]

My hon. Friend makes a very powerful and valid point. I would like the Minister to address how we are going to tackle the issue online. If someone cannot go into a physical shop, going online is the next alternative, and we want to ensure that we protect our young ones as much as possible.

I want to highlight one other point from Cancer Research. It said that it is also important that the legislation future-proofs against the use of bright coloured lights or similar displays that could appeal to young people. Again, we need to be careful of that. As has been said, manufacturers are often very good at finding their way around these regulations, so we do not want to make the products attractive in another vein.

My second point focuses on clause 90(3)(b), which says that provisions may be made about

“the information provided on packaging or otherwise supplied with a product”.

We had some evidence submitted from the North East Public Protection Partnership, which is a regional partner-ship that brings together chief officers of 12 local authorities in the north-east, representing environmental health, trading standards and licensing services. The partner- ship is in support of the measure, but believes that certain requirements should be put on packaging itself—it thinks that inserts in the packaging should be regulated. I have learnt, as I have not come across them often before, that inserts are used internationally, in Canada and Israel. They are proven to encourage people to give up smoking when they are placed inside the packaging. They usually contain positive messages to encourage people to quit—for example, by going into detail about improved breathing within a matter of days of quitting or the 50% reduction in the risk of heart attacks within a year, or by detailing how much money a smoker is likely to save.

The North East Public Protection Partnership believes that there should be specific regulations around the inserts and the packaging, setting out the type and size of font, the colour, the layout, and dimensions. It thinks that the specific information to use on packaging should be defined and that the information provided on where to seek more help to quit should also be included. It also says it is essential to set a date for suppliers for when packaging must appear on the UK market and that the penalties on manufacturers for non-compliance should be set out.

The partnership also said:

“The Government will need to liaise with Trading Standards in order to ensure that the appropriate offence, or offences, are included in regulations on pack inserts. We would recommend an offence is included which relates to the sale or supply of a tobacco product without the correct insert, so that Trading Standards can take enforcement action against the person selling. An example of this includes the Tobacco and Related Products Regulations 2016 where there is an offence to produce as well as supply product in breach of regulations.”

Finally, it adds:

“Health messaging should be on the outside of all tobacco, nicotine and vape products.”

My final question to the Minister is: have he and his Department turned their mind to inserts, what they might contain, and the role they could play in future?

[Andrew Gwynne]

We have had a good debate on clause 90—that is all we are up to.

To answer why this is an issue, unlike standardised cigarette packaging, vape packaging can—as we have already heard—come in many different colours, styles, and shapes. The previous call for evidence that the shadow Minister referred to showed that this increases the appeal of vapes to children, and it can encourage them to start vaping. That is what we want to crack down on with this clause.

A number of Members have asked why we are extending the provisions, given that tobacco packaging is already standardised. Only cigarettes and hand-rolled tobacco are subject to the most stringent regulations. This includes standardised packaging, specified packet shape, amount within packs, material, colour and appearance requirements, and so on. In England, around five times more people smoke other tobacco products, such as cigars, than a decade ago. There has been an increase in that consumption and we are committed to addressing this, which is why we are extending the measures to other tobacco products.

In terms of requiring dissuasive messages, of course, these are things that we can look at in the future—it is not something that we are looking at now. We will be mandating pack inserts for cigarettes and hand-rolled tobacco packaging, and we will be running a call for evidence on standardising the packaging of all other products. The shadow Minister, the hon. Member for Sleaford and North Hykeham, asked whether the Secretary of State or Ministers will use the powers. We are coming to Parliament with this landmark Tobacco and Vapes Bill, as we committed to in our manifesto, precisely because we want to use these powers. We are seeking these powers. The Scottish Ministers, the Welsh Ministers, and the Northern Ireland Minister are seeking these powers precisely because we all want to use them to tackle the scourge of youth vaping and move our country to smokefree 2030. Our manifesto committed to stopping vapes being branded to appeal to children, and the Bill provides new regulation-making powers to make this commitment a reality.

As has been alluded to, Members have asked over the course of our deliberations why the restrictions are not on the face of the Bill. In particular, the shadow Minister has gone into the level of detail that we will go into when the regulations are brought before the House, following consultation. My answer is that the technical and detailed nature of the requirements means that they are not suitable to be put on the face of the Bill. We might need to amend the requirements in response to future developments in the market, and scientific knowledge and evidence may change, which means that we will have to react where appropriate. It might also be necessary to gather further evidence post-implementation—this is precisely the point that the hon. Member for Farnham and Bordon made about ensuring that everything is evidence-based, that the data is there and that we scrutinise it, rightly. We may well come to decide that our regulations are the wrong regulations, or that they were the right regulations three years ago, but now need to be changed. That is the why the powers in the Bill are permissive.

It is also important to gather information about the effectiveness of the packaging regulations, to see whether they have indeed discouraged youth vaping. All the evidence from other jurisdictions that do this suggests that they will; however, we need to ensure that the evidence is relevant to the United Kingdom. We will also need to keep a close eye on what happens to adult vapers, particularly those who want to stop smoking, and whether vapes remain accessible to adults who are trying to quit smoking, which is something we need to be clear about.

To be clear, the requirements for vape packaging are yet to be determined, as I said in an intervention on the shadow Minister. The proposed restrictions will be subject to consultation, to ensure that any unintended consequences on adult smoking rates are considered. Research suggests that neutral packaging can remove appeal to youth without being dissuasive to adult smokers—the point made in the information from Cancer Research UK, which the hon. Member for South Northamptonshire rightly raised. Further analysis and consultation will take place before any regulations are made, because we absolutely want to get this right.

It is crucial that we do not rush into this, but have measures that are proportionate and workable, and that there are no unintended consequences. That is why there will be a transition period for businesses before any new regulations come into force, and the length of the transition will be considered as part of the consultation process. This is a balance to be struck between acting quickly to curb youth vaping and carefully considering unintended consequences on smoking rates, in order to ensure the most impactful change possible. That is why we have included a statutory duty to consult, to ensure that the relevant stakeholders are engaged, and to consider their responses and insights as regulations are developed.

Of course, we will provide more information about the timeline for our secondary regulation programme once we have Royal Assent, but let me make it clear to all members of the Committee that it is our intention to move at pace. We want to use these powers, so we want to make sure that, once the Bill becomes law, we start the process of getting the relevant regulations in place, especially for smokefree, because although many of the measures in the Bill will come into force on 1 January 2027, some regulations might be done beyond that date. We will have a lot of work to do in secondary legislation, to get the measures in the Bill—which we hope will all be approved in the course of our deliberations prior to Royal Assent—so that we can hit the ground running and get to 1 January 2027 smoke-free.

--- Later in debate ---

When the Minister looks at the regulations under clause 91 and the powers that may be given to him if it passes—as it is likely to—he should consider the effects on children in particular and standardise the shape of vaping devices. I am sure that a smoker wishing to quit will not need a vape shaped like SpongeBob SquarePants.

[Sarah Bool]

To build on that point, it is interesting that, often, one of the biggest difficulties for those who smoke and want to stop is missing the physical act of holding a cigarette. It would be interesting to see whether these regulations can take that into account and, while not being aimed at children, aim them in a way that would help people who want to move away from smoking, in terms of the physical side of it. Does my hon. Friend have any further thoughts on that?

[Dr Johnson]

I thank my hon. Friend for that important point. She is right: if a smoker is trying to quit cigarettes, why would a device shaped like a highlighter pen be needed or desirable? I can see why that is desirable to children, as I have said, but why would it be desirable to an adult?

Perhaps the Minister is choosing, on balance, to protect children from vapes that they may be able to easily conceal from parents, caregivers and teachers. He may have come across industry suggestions that regulating vape appearance would reduce the appeal of vapes to adult smokers, but I am not sure that is true. In fact, even if there is evidence that it is true, I suspect that the majority of adult smokers will be so keen to protect their children from taking up the habit of being addicted to nicotine—that those smokers have fought so hard to quit themselves—that they would be only too happy to have a standard-shaped vape to ensure that children are not brought into nicotine addiction. Subsection (1)(e) allows the shape to be regulated, and paragraphs (d) and (f) allow the size and other features to be regulated.

The Government have sought to look at the impact of this policy. The mod or tank devices are often wrapped in more neutral packaging. Vape liquids and disposable vapes are regularly sold and marketed with brightly coloured designs, as we have said. In fact, it is not uncommon to see them displayed as a rainbow. Again, I think that is designed for children. The cartoons and flavours—we will come to flavours later, so I will not talk about them now—increase children’s intention to try different vaping products.

In their impact assessment, the previous Government consulted on options that could be implemented using the powers conferred by this clause. Option one was to do nothing. That would have meant that there would continue to be no regulations on the product presentation of nicotine and non-nicotine vapes, which would essentially be a rejection of clause 91. Option two prohibited the use of cartoons, characters, animals, inanimate objects and other child-friendly imagery, including on the vape device, but still allowed colouring and tailored brand designs—35.8% of respondents were in support of that option. Option three prohibited the use of all imagery and colouring on both the vape packaging and the device, still allowing for branding such as logos and names —18.2% of respondents were in support of that option.

The previous Government also consulted on the more stringent option four, which prohibited the use of all imagery, colouring and branding for both the vape packaging and the vape device. That option was somewhat equivalent to the standardised packaging rules on tobacco, and 46.1% of respondents were in support of it, showing that the general public, as consulted by the previous Government on the powers in relation to vape appearances, favour the more stringent regulatory option, which would be open to the Minister should clause 91 go through. When I began my campaign to tackle vaping, I found a number of examples of products shaped in bright, child-friendly cases, some even with cartoon characters.

We know that product presentation, as in clause 91, must be considered separately from the packaging, as we considered previously in the debate on clause 90, because for many vaping products, the small, smooth, colourful cases the vape is enclosed in is part of the attraction for children and for non-smokers.

Paragraph 1101 of the impact assessment states:

“According to ONS data on adult vaping prevalence in Great Britain, 31.6% of adults that currently vape are also current smokers, and 18.7% are ex-smokers. The exact impact on the number of smokers not quitting and ex-smokers relapsing as a result of regulating would depend on what vape packaging and product presentation was regulated.”

It is clear that the difference will depend on which step someone takes, but it is also clear that option 4, which is a more stringent approach to the regulations on offer in clause 91, would be preferable. Action on Smoking and Health provided some evidence to the Committee on how vapes are branded and promoted in shops. It talked about limiting their display, as was described by my hon. Friend the Member for South Northamptonshire earlier.

I now turn to tobacco-related devices, herbal smoking products and cigarette papers, as mentioned in the impact assessment. Although the vaping regulation is much newer than the tobacco regulation, the powers in clause 91 offer the Minister an opportunity to regulate tobacco products, herbal smoking products and cigarette papers further than he has done. Section 94 of the Children and Families Act 2014 already enables the Secretary of State to make regulations on features of tobacco products across the UK. Clause 91 will widen this power so that tobacco-related devices, herbal smoking products and cigarette papers are all within the scope of regulations.

On herbal smoking products, cigarette papers and tobacco-related devices, a simple internet search brings up sites, such as Etsy, advertising papers and rolling trays with cartoon characters. One can get a Hello Kitty grinder. In fact, it is not just a picture of Hello Kitty but a picture in which Hello Kitty appears to be vaping. There are rolling trays with pictures of Princess Jasmine, Cinderella and Snow White. Again, those characters are smoking in the picture—I am sure they are not from any Disney production; I certainly do not recognise them from any of the Disney productions I have watched.

Apart from copyright issues, such images are a clear ploy to entice younger audiences. One questions the legitimacy of the plastering of those brands on the products. Have they given their permission for these images? I very much doubt Disney has given permission for its cartoon characters, such as the Disney princesses designed for younger children, to be used in pictures of smoking or vaping.

[Sarah Bool]

Etsy is a very good company; it enables small businesses to sell their products, which is admirable and laudable, but I agree with my hon. Friend that it is entirely inappropriate for images of Disney characters to be changed. Sometimes the changes involve putting glasses on them, which is good as that makes young children feel that they are not isolated if they look slightly different. However, it is outrageous to make the characters appear to be using smoking products. I hope that the powers under this regulation will prevent that from happening further.

[Dr Johnson]

I thank my hon. Friend for her point. Of course, Etsy is an online marketplace. We have talked already about the difficulties in regulating some of these changes in the online world and about the fact that some of the current regulations on tobacco products can be circumvented by the purchase of online products. People can circumvent regulations on things such as snus by buying them online from overseas. When the Minister brings forward regulations under clause 91, how will he ensure that they are applied and enforced in both the offline and online world, which is so crucial these days, particularly for younger people?

Cancer Research UK provided evidence relating to the change of packets and products. It said it would respond to the consultation. The British Medical Association also provided written evidence. I declare an interest: as well as being a consultant paediatrician, I am a member of the British Medical Association. In relation to clauses 90 and 91, it suggested

“All imagery, colouring and branding should be prohibited”.

--- Later in debate ---

[Gregory Stafford]

My hon. Friend makes a good point, which she has already made during her interventions on this clause. It is vital to understand what is in the chemical make-up of the different flavours when the Minister is making those decisions.

That brings me neatly on to my next point, which is about the flavours themselves. I know that the Minister and the shadow Minister have raised unicorn milk, tutti-frutti and bubble gum flavours and all those kinds of things. I suggest to the Minister that it is less the flavour itself that appeals to children—as my hon. Friend the shadow Minister said, I do not know what unicorn milk tastes like, and I doubt any child does either—but that the phraseology “unicorn milk” sounds exciting and appealing to a child, whereas orange or banana may be less exciting.

When the Minister looks at this issue, I suggest that he looks not necessarily to ban a flavour, but to ban the naming and descriptions of those flavours, which are clearly appealing to children. If someone is looking to stop smoking and is using a vape to do so, it is not unreasonable that they should know whether what they are buying is orange, blackberry or strawberry-flavoured, whereas the terminology being used, which we have discussed in this debate already, appeals to children.

I will bring my remarks to a close. I obviously agree with the Government’s intention to target specific flavours that appeal to young people to preserve harm reduction, but we need to monitor and assess the impact of that regulation over time. When the Minister winds up the debate on the clause, will he give some indication of how that analysis and the impact assessment of the bans on specific flavours has impacted on smoking cessation, hopefully stopping children being dragged into vaping?

[Sarah Bool]

I want to build on the points my hon. Friends have made. As we have said, clause 92 relates to the flavouring of vapes. In the future, we will have to be incredibly agile in regulating in this area. It clearly needs further investigation, because different bodies are all disagreeing on whether we should limit the number of vapes, the flavours or the range and on what is going on. In the written evidence provided to Members, Cancer Research UK, which the shadow Minister mentioned, made some interesting observations, which I will put on record. It says that:

“Current evidence seems to suggest that e-cigarette flavours influence vaping initiation in both young people and adults who smoke. We know that the range of flavours of e-cigarettes are a large part of the appeal for both young people and adults. When taking action on e-cigarette flavours, a balance needs to be struck between dissuading uptake in young people and maintaining an appeal to those who use vapes to quit smoking, so they are not deterred from transitioning away from tobacco”.

I think we all agree with that. It further goes on to say:

“Although we believe there is currently insufficient evidence to justify banning specific e-liquid flavours, as the evidence base related to the role of flavours in youth and adult vaping increases, powers to regulate flavours will be an important lever for Government to use to reduce youth vaping.”

It then says:

“It is important that there is a holistic approach to flavours. If the UK Government is changing the packaging and display of vapes…this will go a long way to reduce the appeal of vapes. Therefore, the Government may not need to go as far when restricting flavours. We believe that restricting the way flavours are described”—

which is the point that my hon. Friend the Member for Farnham and Bordon made—

“rather than banning actual flavours could help reduce the appeal to young people with limited negative impact on adults who smoke. At the very least, CRUK believes that mint, menthol and fruit should remain available as there is evidence that these help adults quit smoking.”

If we go on the basis that, actually, we should limit the way the flavours are described, perhaps one day we will know what unicorn milk actually tastes like.

[Mr Alex Barros-Curtis (Cardiff West) (Lab)]

It is interesting that the hon. Lady points to that evidence, because I have actually been considering it myself, although I am not sure that I entirely agree with some of the ways that Cancer Research UK phrased it. On the point that the hon. Lady has just read out—which, for the record, is paragraph 40 of written evidence TVB18 —does she agree that it does not have to be an either/or and that it could be both?

Ultimately, what I think we are particularly focused on here—setting aside the cessation point with respect to adults—is the attractiveness and the clear advertisement from tobacco companies to children, with these flavours that have absolutely no relevance to adults. Although mint, menthol and fruit may be helpful cessation tools, flavours such as bubble gum are clearly aimed at children, and that is absolutely what we need to stamp out.

[Sarah Bool]

I agree. I think the hon. Member makes a valid point. It is part of the bigger discussion that we have to have, with the ability to be a bit more agile in how we actually decide, because I do not want us to take the wrong approach and have unintended consequences.

Again, that goes to another point that the shadow Minister raised, about what flavours are potentially harmful in themselves. The hon. Member for Cardiff West is right and I take his point about flavours such as bubble gum entirely, but apparently even cinnamon, vanilla and butter are toxic. They are fine for us to eat —butter in moderation, of course—but inhaling them is a different matter. I think it will be very interesting to see what combinations are used and what the impact is, because, apparently, if certain flavours and chemicals are combined, that can actually be even more toxic than before. That is something that the regulations, and some of the research, will have to look into for us.

Interestingly, the Royal College of Physicians also gave its view on this topic in the written evidence. That was along similar lines but slightly different. It says:

“While we know flavours can attract young people to vaping, the use of flavours by adults trying to quit smoking is an integral part of the effectiveness of vaping as a quit aid. We know that many adult smokers report wanting to move away from the taste of tobacco. Other nicotine replacement therapy…products, such as gums and lozenges, also have fruit flavours. The RCP supports limiting the number of flavours available and recommends restricting flavour descriptors. Bland descriptors, alongside limiting the number of flavours and removing those most popular with young people non-smokers from vaping without the unintended consequences of perpetuating smoking for adults.”

I agree with the points that have been made, but I think that we have to be careful about how we decide which flavours are used and their range. I take the point that we often want to move people away from tobacco, because a tobacco-flavoured vape is not pleasant, or so I am told, but my concern is that, if someone do not necessarily have a tobacco-flavoured vape, then with something as nice as peach and mango—which a vaper I know really likes—people will actually vape more than they ever smoked because it is tastier for them. I think we will really have to look into that as well.

I would also like some further clarity from the Minister on clause 92(3) and the clause what regulations the Department is currently thinking about, particularly when it comes to the imports of any of these vaping products.

Finally, subsection (4) that that there will be

“provision for a determination to be made by a person authorised for the purpose by the Secretary of State”

to make the decision on the flavours. Who is in mind to be given those powers? A bit more clarity on that would be much appreciated.

[Andrew Gwynne]

Let me start with the point made by the hon. Member for South Northamptonshire on the need for agility. I have argued in respect to a number of clauses that we have to be agile. That is why the Bill is permissive in nature. It grants powers to Ministers to consult and bring forward secondary legislation at further stages. It also allows Ministers to amend the regulations, if set, or to introduce new ones if not at a future date, without having to go back through the primary legislation processes, to make the Bill always fit for purpose and for the future.

That is the case in clause 92. As I said in opening, we recognise that vape flavours are an important consideration for adult smokers seeking to quit smoking. To avoid unintended consequences on adult smoking rates, the scope and impact of any future restrictions will have to be carefully considered by Parliament, following consultation, in secondary legislation. We will consult further on any regulations on flavours before they are laid in Parliament. This is really important—I can assure Members that we are not saying here and now what the changes are likely to be. We want them to be considered based on the evidence and consultation, because we want to get the balance right between preventing youth vaping and not having the unintended consequence of pushing people away from vapes as a smoking cessation tool, thereby missing our ambition for Smokefree 2030.

--- Later in debate ---

[Dr Johnson]

The clause deals with non-compliant images, and subsection (1) grants the Secretary of State the power to make regulations. There is a theme here—the Secretary of State is gaining a lot of powers to make regulations, but it is not clear to what extent he will use them. We could end up with a very effective piece of legislation or not, depending on how effectively these clauses are used.

The clause states:

“(1) The Secretary of State may by regulations prohibit a person from doing the following in the course of business—

(a) publishing an image of the retail packaging of a relevant product”

—that includes tobacco products, herbal smoking products, cigarettes, vapes and nicotine products—

“from which it is possible to tell that the requirements of regulations under section 90 have not been complied with;”.

Essentially, this is a packet that does not follow the rules. The clause continues:

“(b) publishing an image of a relevant product from which it is possible to tell that the requirements of regulations under section 91 have not been complied with;”.

That might be publishing a picture of a vape shaped like SpongeBob SquarePants—assuming that the Minister decides that that is not a suitable form for a vape to take—or

“causing the publication of an image of the kind mentioned in paragraph (a) or (b).”

Subsection (3) states:

“Regulations…are subject to the affirmative resolution procedure.”

The explanatory notes set out that the clause means that an online retailer would not be able to display images of non-compliant products. As we discussed earlier, it is important that we ensure that online retailers are subject to the same regulations as in-person retailers about what they can and cannot sell. Otherwise, the rule will be ineffective, because people will still access these things by simply moving online to buy them, rather than buying them in stores. From my perspective, that is welcome.

I will make a couple of other points. Although the clause authorises the Secretary of State to regulate non-compliant images, it leaves the process of enforcement somewhat open-ended. There may be inconsistencies in how regulations are applied or enforced across different sectors or different regions, especially as the clause refers broadly to various product categories.

More widely, I would be interested to know how the clause might relate to clothing. The clothing brand MCS, formerly known as Marlboro Classics, made extensive use of Marlboro branding, employing the iconic lettering and colouring on its clothes. I understand that MCS has since distanced itself from its roots and rebranded under a new parent company. Many of its older clothes can still be found in vintage clothes shops. Many of them display tobacco product branding, as might old football or Formula One merchandise from the times when those sports received sponsorship from tobacco firms. I would be grateful if the Minister could elaborate on how such products might be affected by the regulations.

Finally, does the Minister intend the regulations to confer an exemption on law enforcement officers who may wish to produce such images to demonstrate and educate retailers about what sort of images they may or may not be allowed to publish?

[Sarah Bool]

Thinking about the more modern age, I want to explore how the clause would apply to social media and television.

The clause states:

“The Secretary of State may by regulations prohibit a person from…publishing an image of the retail packaging”

and from

“publishing an image of a relevant product”.

There is not really a definition of image. My first question is this: does the clause apply to moving images, such as those on television?

I almost cannot believe that I am saying this in the House of Commons, but the “Gavin and Stacey” Christmas special was very popular and contained a scene where a main character, Nessa, was smoking and vaping simultaneously. I wondered about the wider implication for the arts. How will it work in practice when we are trying to prohibit things? How will the BBC deal with it—perhaps it will come under licensing—and how will other media outlets deal with it?

I have a further point about younger children and young adults, given that we are in the social media age. The clause will

“prohibit a person from doing”

certain things

“in the course of business”.

On Instagram, there are influencers. Obviously, their work is monetised; they will be paid for promoting products, or just for general clicks and likes. I wonder how the provisions will work in practice for social media, if they apply to videos as well. A very popular trend is videos in which people unwrap products with the sound up, for the ASMR—autonomous sensory meridian response—qualities. Basically, the sounds of unwrapping can be very relaxing for followers to listen to. Such videos are incredibly popular, and there are thousands of them. I wonder how the measures will impact them. If influencers are making videos for that purpose, will they be caught by the clause? If so, how will we prohibit such activity, especially on social media?

[Sadik Al-Hassan (North Somerset) (Lab)]

It is a pleasure to serve under your chairship, Mr Dowd. The hon. Member is talking about publishing. Is she not talking about the second definition of it in law—to communicate to a third party? Is that not what we are referring to, as opposed to print or social media?

[Sarah Bool]

I was going to ask that as well, because around the concept of publishing there is a big debate about social media—is X a publishing platform or a form of conversation? There is no definition that I can see of what publish means, nor a specific definition of what image means. I am trying to work it through and find out whether there are loopholes, and how they will play out in the modern age. I want to make sure the provisions are at their most effective. I can understand that if an influencer posts a picture, they have to make sure it complies with the rules, but how does that apply in the wider context? Perhaps I am over-examining, but I can imagine where this could go, and some clarity around from the Minister that would be interesting.

[Dr Caroline Johnson]

Can I ask a question?

--- Later in debate ---

I am a politician, so nobody is going to listen to me if I wag my finger and say, “Don’t vape. Don’t smoke,” but as a dad and a grandad, I will just say this: smoking is not sexy. It gives you bad breath, turns your fingernails yellow and gives you a horrible cough. It is not a good thing. It is not a good look. It is not sexy—actually, that is the line that LADbible went with. We have to start challenging this pervasive imagery on certain parts of social media.

[Sarah Bool]

The Minister is making a powerful point. I was concerned about the idea that an influencer might be able to publish an image of a retail packet that is not compliant. At the moment, there are no restrictions, especially if they are abroad. Obviously, some of the influencers with the biggest followings are outside the UK, and I am therefore not sure how we ensure compliance, other than by doing what X does with community notes that pop up. I think there will have to be a discussion with Instagram and some of the other companies, because they are making money out of it. Indirectly, I think the Bill does catch this issue, but I thank the Minister for his clarity.

[Andrew Gwynne]

Again, that is the beauty of the permissive nature of this Bill. Where loopholes are being exploited, Ministers will be able to come back to Parliament with a simple piece of secondary legislation, through a Delegated Legislation Committee. The shadow Minister said that secondary legislation does not quite get the scrutiny of a Bill, but it does get up to 90 minutes —I am sure she would find it easy enough to fill that. There is therefore scrutiny of secondary legislation.

We are very aware of this issue, which is why I have signed off the anti-youth vaping campaign on TikTok, which will hopefully be going out fairly soon.