Time to get tough on retailers selling vapes to children

Asli Ertonguc, Area Director Western Europe | BAT UK

4 min read08 January Partner content

The UK has set its sights on becoming ‘smoke-free’ by 2030. This is a bold and commendable ambition, and one which BAT UK supports. Yet, a lack of action around underage vaping and an increase of illicit vapes has diminished trust in the role of vaping at a precarious moment in Britain's smoke-free journey.

There is widespread consensus that vaping has encouraged millions of smokers to switch. The influential Cochrane Review of 78 studies¹, examining 22,000 participants, found that nicotine vapes led to higher levels of switching than traditional nicotine replacement therapies, such as patches and chewing gums.

But herein lies the salutary story of unintended consequences. A product that is providing an alternative for adult smokers now needs to be further safeguarded from the underaged.

Let us be clear: the underaged should not vape.

While the new Tobacco & Vapes Bill - currently before Parliament – is making strides towards this ambition, it is destined to come up far short unless existing enforcement measures are significantly strengthened. This is a once in a generation opportunity to get the UK’s smoke-free ambitions back on track and it falls to MPs to make sure the small details of the bill pack a big enough punch.

The Tobacco & Vapes Bill introduces a retail licensing scheme which is a step in the right direction and means vapes will only be sold by someone with a licence. But whilst this step is essential, the vape licence will be little more than paper laws if not complemented by robust enforcement. Weak penalties will not deter unscrupulous retailers.

Consider the proposed £200 on-the-spot fine for retailers caught selling vapes to underage customers which is currently being considered by lawmakers.

New independent research commissioned by BAT UK in December shows that two thirds of the country think that a £200 fine is too lenient, with the highest support for penalties of up to £1,000. The public has the right idea.

Retailers would only need to sell a small-scale number of illicit vapes to a handful of children to exceed the £200 fine which opportunistic vendors may simply deem as the cost of doing quick and easy business.

The same level of fines will also apply for those retailers who stock and sell single-use vapes after they are banned on 1st June. Yet again, a worrying lack of meaningful deterrent provides unscrupulous retailers with little reason to comply.

Equally concerning is the absence of clear thresholds for punishing repeat offenders. Under current proposals, there is no specified limit to how many times a retailer can be fined before losing their retail license. Public sentiment is overwhelmingly in favour of harsher consequences: two thirds support permanently revoking licenses after three violations, i.e., three strikes and you’re out. Anything less sends the wrong message and undermines trust in the system.

Timing is another critical issue. While the introduction of a retail licensing scheme is a positive development, delays in implementing it risk eroding public confidence and currently there is no indication of an implementation timeline. A majority of the public however want the scheme introduced within the next three months, with just 1% willing to wait longer than two years.

Vaping has already transformed the public health landscape in the country, enabling millions of smokers to transition from cigarettes to smoke-free alternatives. Indeed, ASH data shows more than half of current vapers in the UK are former smokers².

Yet with just six years remaining to reach smoke-free status and still over six million smokers there is no room for error. Meanwhile, the rise of underage vaping and illicit vapes has rightly prompted calls from the public for stricter controls over who can sell vapes, and stronger punishments for those that sell them to underage children.

Without these additional measures, this new legislation risks being little more than a missed opportunity. The stakes are too high to settle for half measures.

For more information click here.

References

PoliticsHome Newsletters

Get the inside track on what MPs and Peers are talking about. Sign up to The House's morning email for the latest insight and reaction from Parliamentarians, policy-makers and organisations.