Following the recent UK general election, many will be unsure of what happens next with regulation of vaping and other reduced risk nicotine products. The Tobacco and Vapes Bill, introduced by Rishi Sunak’s government but ditched in the “wash up” at the end of the last parliament, was included in the King’s Speech so will be reintroduced in the new government’s first year.
But, for now, that is about all that is known. What form the new incarnation of the bill will take is speculation, although there are educated guesses that can be made. Firstly, the conflation of combustible products with far less harmful alternatives in the title of the bill will, sadly, continue.
The latest data from University College London (UCL) show that the proportion of smokers who wrongly believe that vapes are equally or more harmful than cigarettes is not only a majority at 57 percent, but is still increasing. Although the bill contains different provisions for each, it would be far better if the sections dealing with safer nicotine products were included in a separate bill to make clear to a confused public that they are distinctly different products.
Potential Changes to the Bill
It is unclear whether the bill to be introduced will be simply copied and pasted from the Conservative government’s wording, or if it will be amended or rewritten. One would assume that the new government would want the new law to be clearly defined as a Labour party effort rather than let Rishi Sunak claim it as his legacy. That would suggest a desperately needed rewrite considering the rudimentary and evidence-light nature of Sunak’s bill, not to mention the abuse of parliamentary process as it was rushed through readings and the committee stage in a fashion deliberately designed to avoid valid challenges.
However, considering the King’s Speech included 40 bills that the government has committed to get through, simply reintroducing the same wording would be convenient, despite its vast number of flaws. It could come down to whether the original bill was politically driven or not. If it was written by the civil service, they would not want their work wasted with a rewrite. But if the terms were forced on government offices by Sunak himself (which would make the lack of adherence to evidence and lax concern for unintended consequences more understandable), maybe the civil service would be relieved to be able to amend it to a more professional standard.
Key Aspects of the Bill
If a rewrite is in the cards, a more thoughtful treatment of the vaping aspects of the bill would be welcome. It is currently written in a way that gives any future Health Secretary carte blanche to impose any regulations about the retail packaging, contents, flavour, and product requirements of vaping and nicotine products. There are no details on what those regulations may be, but it is certain that non-nicotine liquids will be brought into the current regulations and there will be a ban on free samples to those under 18 (a glaring omission from the Tobacco and Related Products Regulations, 2016).
Other proposals are almost certain to include bans or restrictions on flavours, plain packaging and bans on how vapes are displayed. The bill will also likely include powers to apply all of those restrictions to other products, such as nicotine pouches.
Considering much of the detail in the last government’s bill was vague, Victoria Atkins (former Health Secretary) repeatedly reassured MPs during debates that there would be comprehensive consultation on all individual aspects of the bill related to reduced risk products. It is hoped that Labour will do the same and commit to an open and inclusive consultation process on those parts of the bill.
Concerns and Potential Consequences
Lastly, there is a possible nightmare scenario. On a trip to Australia in December, the government’s new Health Secretary (Wes Streeting) announced Labour’s intention to impose an Australian style ban on all vaping products without a prescription. This policy in Australia has been a total disaster leading to gang warfare, firebombings, assassinations, rampant illicit trade supplying 90% of the market, and an increase in both youth vaping and smoking rates. It is hoped that someone sensible has disabused Streeting of this calamitous idea.
For now, consumers will have to wait and see what is announced, which will only become apparent after September 2nd when parliament reconvenes.
Martin Cullip is an International Fellow at The Taxpayers Protection Alliance's Consumer Center and is based in South London, UK.
