What to do about the upcoming return of the Tobacco & Vapes Bill

[Toby iVapour]

Next Wednesday 17 July, The State Opening of Parliament and The King's Speech will take place.

The Tobacco & Vapes Bill is expected to be followed through (in whatever form).

You can find your MP below and contact via email -

https://members.parliament.uk/FindYourMP

Or -

WriteToThem

WriteToThem is a website which provides an easy way to contact MPs, councillors and other elected representatives.

www.writetothem.com

And/or you can send an email to Wes Streeting, the Secretary of State for Health and Social Care here: [email protected]

I emailed my MP and Wes Streeting. Here is what I wrote -
Dear [MP],

I am writing to you with great concern about what legislation the government is intending on implementing via the Tobacco and Vapes Bill in terms of tobacco harm reduction, when it is brought back (in whatever form). I will keep this fairly brief and just cover some of the points.

I have been vaping since 2008, and have not smoked since then. I found no other method as a way of giving up smoking; I assumed I would be a smoker for life. I liked smoking, but I hated what smoking was doing to my body. Within a week or so, I could feel how much better my lung capacity was, and was playing sport again (something I hadn’t done for years).
I enjoy vaping. In fact, I was so impressed by vaping that I set up a retail vape business iVapour in 2009. We have just one shop in Haxby Shopping Centre.

I will start with the crux of my argument (which can not be denied) -
The more restrictions that are put on vaping, the more people will smoke.

Disposable Vapes

I could go into detail about disposable vapes, but this appears to be a done deal already (getting banned April 2025).

Flavour Restrictions

It is with great dismay that the previous version of the Bill announced that flavours will be restricted in some way, when the wide array of flavours currently available are vital for the success of vaping products to tempt people who smoke to switch to vaping, to not smoke, and stay not smoking.
There has been some mention that candy flavours are there “to market to children”. This is complete nonsense, as most adults like sweet flavours. In fact fruit, dessert and candy flavours are the most popular category among adult vapers, with more than half of all vapers choosing them. If the flavours were say limited tobacco and mint, there would be many vapers who would not want to vape those flavours, and liable to go back to smoking.

Fruit, dessert and candy flavours are the most popular category among adult vapers, but why should they be penalised just because they are also the most popular amongst underage vapers? Why should the far larger demographic of adult vapers (4.5 million) be ignored?

Tax

In the previous version of the Bill, for medium to high strength nicotine liquid, excise duty was due to be added at a rate of £3 (plus VAT) per 10ml bottle. This would at least double the price to the consumer.
Research shows that taxes on vaping products increase cigarette sales and use.
https://f1000research.com/articles/12-121
Vapes and cigarettes are economic substitutes—meaning that taxes, flavor restrictions, or other government actions that reduce e-cigarettes’ competitive advantages versus tobacco will increase cigarette sales and smoking, including among teenagers.
There will be a number of unintended consequences if an extra tax is put on vapes, including suppressing sales of legal and taxed vapes, an increase in demand for cigarettes, and incentives to buy and sell illicit products or otherwise avoid tax.

Why should people be penalised for not smoking?
Why should higher nicotine users be penalised more than lower strength users?
Why should people who use zero nicotine be penalised with tax at all?
Not only are they not smoking, they are not using nicotine either!

There is a detailed scathing response/critique of the tax plan from the New Nicotine Alliance (NNA) here -
https://nnalliance.org/blog/395-the...ong-in-principle-and-childlike-in-application

Negative Propaganda

Any kind of ban or restrictions on vaping will be perceived as a negative risk communication about vaping or harm reduction in general.

In 2023, 57% of smokers believed e-cigarettes to be equally or more harmful than cigarettes (compared to 41% in 2014).
The proportion of smokers who thought vaping is less harmful than smoking is 27% (compared to 44% in 2014).
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2815561
And the enormous amount of misinformation and negative propaganda in the press will have had a direct effect on that statistic.

Vaping is the most effective quitting aid ever.
But many people actually enjoy nicotine, and they don’t want to quit nicotine - why should they?
This section of the population is unrepresented.

Summary

Here is the response to the previous consultation from Clive Bates (former director of Action on Smoking & Health), and he answered broadly the same as I did, but worded so much better -
https://clivebates.com/uk-smoking-and-vaping-policy-consultation-my-draft-response/

The focus of the proposed regulation concerning young people is inappropriate – almost as if the effect on older adult smokers, often living in poverty, is of little concern to the government. Yet that is the sub-population at greatest risk and by far the greatest in number.
However, given that vaping is widely accepted to pose a “small fraction of the risk of smoking”, it is clear that any uptick in smoking (in both adolescents and adults) would be likely to overwhelm any benefits from reductions in youth vaping.

The UK has been leading the world globally in tobacco harm reduction, and it will be a real shame if that reputation is reversed. These proposals not only risk trashing our reputation amongst credible global public health academics, but will also lead to promotion of ignorance and poor policy in other countries which will cost lives worldwide.

I hope you consider my points and will protect & encourage tobacco harm reduction in all forms.

If you want to meet in person, I would be more than happy to discuss any of these points (or others).

 

[DMAN]

MPs will do what they are told. Sir Sturmfuerer will do what he is told.

 

[Toby iVapour]

MPs will do what they are told. Sir Sturmfuerer will do what he is told.

Yes, that is almost certainly the case.

But I feel I have to try something.. if nothing else to let them know the potential of the disastrous legislation they are highly likely to implement...

 

[Netvaper]

Labour have a majority of 172 seats so writing to your MP or Streeting to try and get them to change their position on vaping is akin to expecting the sun not to come up tomorrow.

 

[Toby iVapour]

Labour have a majority of 172 seats so writing to your MP or Streeting to try and get them to change their position on vaping is akin to expecting the sun not to come up tomorrow.

Yes, but they need to know that it is unjust, there is opposition to it, and will increase smoking and the black market.

The more people tell them, the better.

 

[Toby iVapour]

And/or you can send an email to Wes Streeting, the Secretary of State for Health and Social Care here: [email protected]

A very well written letter (although I disagree with one of the points) from the New Nicotine Alliance -

NNA writes to Labour Health Secretary

The New Nicotine Alliance (UK), a registered Charitable Organisation #1160481, is concerned with improving public health, through a greater understanding of “ne

nnalliance.org

In his acceptance speech outside Downing Street, Sir Keir Starmer said:
“You have given us a clear mandate and we will use it to deliver change, to restore service
and respect to politics, end the era of noisy performance, tread more lightly on your lives and
unite our country.”

Smokers and vapers would like the government to tread more lightly on their lives. They want to see
public health policy work by consent rather than coercion and for the government to be a respectful
enabler, not a hectoring prohibitionist. A policy encouraging smokers to make their own choices to
switch to safer products is respectful, ethical and pragmatic – and far more likely to work.

 

[Andy S]

Politicians: "Hey you filthy people, stop smoking, you're a burden to the health service."
Smokers: "OK, we'll switch to vaping; it's much safer and much more fun... thanks for the heads up."
Politicians: "Ah, slight oversight, we neglected to take into account all the the tax money we got from you filthy people when you were smoking, so we're going to ban flavours and hopefully you'll start smoking again."
Vapers: "You've lost tobacco revenue but you've gained in not having to treat as many smoking related illnesses in the NHS, which was your original objection to smoking in the first place. Fait accompli, is it not?"
Politicians: "Yes but we're still at a net loss and we care more about your money than your health, so if we can't make vaping profitable for us, we'll make it as unappealing and incovenient as possible for you so you go back to smoking."

Of course, as things stand, we can thwart them by making DIY juice since all the ingredients are readily available and most of those ingredients are basically food, and they can't punitively tax nicotine because of its importance to agriculture. What they can and probably will do is make it illegal to buy nicotine without a licence, and the licence will be restricted to people who can prove they're using it for approved purposes.

The solution: Stop voting for people who hate you for doing something good, and fill Parliament with vapers.

 

[Toby iVapour]

More support for harsh restrictions, now from the BMA -

Vapes should be sold behind the counter like cigarettes, says BMA

Doctors’ union urges ministers to introduce legislation to curb ‘epidemic’ of vaping in UK

www.theguardian.com

It also recommends a ban on the sale of disposable vapes and the use of any non-tobacco vape flavours. Vapes should only be sold in plain packaging, with any imagery, colouring and branding for both the packaging and vape device prohibited, as is the case for cigarettes.

Responding to the report, Deborah Arnott, chief executive of Ash, said: “In order for tougher regulations to curb youth vaping to be put in place, the tobacco and vapes bill must be fast tracked on to the statute book.
“We support strict regulation of the display and promotion of vapes and prohibiting use of sweet names, bright colours and cartoon imagery. However, vapes are a highly effective quitting aid for smokers, and it is important that they continue to be so.”
Ash supports banning flavour descriptors rather than the flavours themselves, Arnott added, as “some flavours are associated with greater success in quitting than tobacco flavour”.

Prof Lion Shahab, professor of health psychology and co-director of University College London’s tobacco and alcohol research group, said: “We have to make vaping boring again, but we must be mindful that we do not throw the baby out with the bath water.
“Proposed recommendations to curb youth use of vapes should focus on those evidence-based measures that do not also discourage harm reduction by smokers who struggle to quit that most dangerous of products: combustible cigarettes.”

 

[andipandi]

Vapes should be sold behind the counter like cigarettes, says BMA​

Top doctors have called for legislation aimed at tackling youth vaping to include a total ban on disposable e-cigarettes and all flavours apart from tobacco.

Doctors’ union urges ministers to introduce legislation to curb ‘epidemic’ of vaping in UK.

Vapes should only be sold from “behind the counter”, like cigarettes, and not be on display in shops, according to the British Medical Association.
In a report published on Wednesday, the doctors’ union called on ministers to introduce legislation to tackle the “growing epidemic” of vaping in the UK.

According to recent analysis by Action on Smoking and Health (Ash) 5.6 million adults in Britain vape, about 11% of the adult population. Vape use among children and young people has increased almost six-fold in the last decade, with 7.6% of 11-17 year olds now vaping, either regularly or occasionally, compared with 1.3% in 2014.
Vapes can help some people stop smoking, but they are not risk-free. Last year, the World Health Organization called for “urgent action” to protect children from e-cigarettes. Vaping can lead to nicotine addiction, while some devices have been found to contain other harmful substances, such as lead, or even spiked with the synthetic drug spice.

Labour announced in July’s king’s speech that it would revive the previous government’s tobacco and vapes bill. The Conservative’s proposed legislation included measures to ban disposable vapes and restrict flavours and packaging, but was shelved after the general election was called. Details of the exact regulations Labour wants to introduce have yet to be published.

The BMA said given the rising number of children and young people trying and smoking vapes, the government “must not shy away from taking brave action”.
Prof David Strain, chair of the BMA’s board of science, said: “As a doctor, I understand the role vapes can play in helping people to stop smoking, but they have no rightful place in our children and young people’s lives and when it comes to protecting their health, we cannot afford to gamble.
“An industry so obviously targeting children with colours, flavours and branding, to push a product that can lead to nicotine addiction and potential further harms cannot be allowed to happen any longer.”

The report is the first comprehensive paper laying out BMA’s policy on vaping since 2017 and is the first time it has explicitly called for restrictions on all forms of advertising and marketing of e-cigarettes.
It follows a 2023 conference resolution for the BMA to review the dangers of vaping. Wednesday’s report, titled Taking our breath away: why we need stronger regulation of vapes, calls on the government to legislate to ensure that vapes are kept behind the counter and not on display in shops and retail outlets.
“More must be done to restrict advertising of [vapes] and reduce their visibility, so children and young people are not encouraged to use them,” the report states. “Removing the visibility of vapes in shops will help to reduce exposure and awareness of the product, and in turn, their use.”

It also recommends a ban on the sale of disposable vapes and the use of any non-tobacco vape flavours. Vapes should only be sold in plain packaging, with any imagery, colouring and branding for both the packaging and vape device prohibited, as is the case for cigarettes.
Responding to the report, Deborah Arnott, chief executive of Ash, said: “In order for tougher regulations to curb youth vaping to be put in place, the tobacco and vapes bill must be fast tracked on to the statute book.
“We support strict regulation of the display and promotion of vapes and prohibiting use of sweet names, bright colours and cartoon imagery. However, vapes are a highly effective quitting aid for smokers, and it is important that they continue to be so.”
Ash supports banning flavour descriptors rather than the flavours themselves, Arnott added, as “some flavours are associated with greater success in quitting than tobacco flavour”.

Prof Lion Shahab, professor of health psychology and co-director of University College London’s tobacco and alcohol research group, said: “We have to make vaping boring again, but we must be mindful that we do not throw the baby out with the bath water.
“Proposed recommendations to curb youth use of vapes should focus on those evidence-based measures that do not also discourage harm reduction by smokers who struggle to quit that most dangerous of products: combustible cigarettes.”

A Department of Health and Social Care spokesperson said: “The marketing of vapes to children and young people is utterly unacceptable. Vapes can be an effective way for adult smokers to quit, but we have always been clear that children and adult non-smokers should never vape.
“The tobacco and vapes bill will stop vapes from deliberately being branded and advertised to appeal to children, including by regulating flavours, packaging, and changing how and where they are displayed in shops.”

John Dunne, director general of vaping trade body, the UKVIA, said: “Stronger measures are needed to cut off the supply of youth vaping and illicit products, but the proposals in this report would supercharge the black market, deter adult smokers from making the switch and drive current vapers into the hands of underground sellers or back to cigarettes.
“What’s needed to stop underage and illicit vape sales is a licensing scheme to prevent inappropriate businesses selling e-cigarettes, and stronger penalties for those caught flouting the law.”

Vapes should be sold behind the counter like cigarettes, says BMA

Doctors’ union urges ministers to introduce legislation to curb ‘epidemic’ of vaping in UK

www.theguardian.com

 

[DMAN]

They just need to enforce the existing law with proper penalties.
I remember being asked for proof of age in the US frequently, when i was in my mid 30's. The rules and penalties might be different these days, but back then it was a $10,000 fine for a first offence, then you lost your alcohol licence for a 2nd offence.. You probably get a slap on the wrist here for selling to underage kids.