Tobacco and Vapes Bill

Lord Lansley Excerpts

Committee stage
Thursday 13th November 2025 Grand Committee

I appeal to the Minister: flavours are not the Government’s problem. They are not what make young people vape. There are all sorts of things going on that you should not regulate unless you want to end up with some unintended consequences, which I know Minister would not want to see happen.

[Lord Lansley (Con)]

I wanted to intervene just to say one or two words in support of my noble friend Lord Moylan’s amendment. In a sense, it challenges the Government to explain what they are trying to achieve, and if that is to regulate flavour descriptors, that is exactly what we should put into the Bill. I think the industry is very aware of the need to control flavour descriptors, because certain descriptors can be intentionally directly attractive to youth vapers and children, and the industry knows it needs to act on that. I will talk about that a bit more later.

We should use this amendment and this debate to find out what the Government are trying to achieve, and I hope the Minister will give an explanation. If the intention is to go down the path of, for example, the Australians or the New Zealanders, with a very narrow control of vape flavours, we run exactly the risk that the noble Baroness, Lady Fox, was just talking about. As she said, the academic research on restricting vape flavours shows that that leads to vapes not being as effective at smoking cessation as we want them to be. That is an important consideration.

I could not explain it to anybody in detail, but I remember how the uncle of a good friend of mine when I was a boy was a flavour scientist at Bush Boake Allen, now part of International Flavors & Fragrances, and there is a very precise relationship between the chemical additives that can be added to products. Of course, there were no vapes in those days; he was working on crisps. On one occasion we went to their house, and they provided for us the very first occasion on which anybody ever tasted prawn cocktail-flavoured crisps. That was a remarkable moment in one’s early life, never to be revisited.

The point is that the relationship is modulated by these companies extremely carefully. So, it is possible to regulate it, but it is quite an intrusion into an industry to think that we should need to do this. I suspect that my noble friend is on to exactly the right issue in saying that, if we regulate the descriptors, we will have done the thing that it is most important for us to achieve.

[Baroness Walmsley (LD)]

My Lords, I support my noble friend Lord Russell’s Amendment 146. It seems to me both sensible and essential to set the groundwork, as he put it, for further work on defining vape flavours—keeping in mind at all times the Government’s intention, which we support: to allow vapes as an effective, proven tool in quitting smoking tobacco while at the same time addressing the egregious activities of the tobacco industry vis-à-vis young people. It has used colours, flavours, images, packaging and marketing to encourage young people who have never smoked to take up vaping. We know that, once hooked on the nicotine in these products, it will be very difficult for these young people to wean themselves off them when they want to. We also know that evidence of real and lasting harm will continue to emerge over the next few years, and that is why the work to define flavours is so important and why I support this probing amendment.

I am one of those nerdy people who, when they go shopping at the supermarket, takes a little magnifying glass with them. I strongly suspect that the “banana ice” vape of the noble Baroness, Lady Fox, and the “mango ice” vape of the noble Lord, Lord Moylan, have never been within five miles of a banana or a mango, and that anything called “raspberry fizz” will never have been within five miles of a raspberry. These things are put together. They do not contain any raspberry, mango or banana; instead, they contain a whole mix of chemicals. It might be more honest to label them with, “This vape tastes a bit like banana, but it contains the following 15 chemicals”, but you cannot do that, can you? Hence the Government’s problem.

As with the other amendments in this group, Amendment 142 would open the way for the Government to include big-puff vapes and other technical measures in regulation—perhaps things such as age-gating at some future point—but it would not mandate them to do so. So, I would certainly not oppose it, although the Minister might tell us that the Government can do all this without the amendment.

Amendment 144 could inadvertently restrict the Government’s opportunity to limit the number of flavours. I would not want to do that, so I do not support this amendment, but I would like to see the Government allow a reasonable range of flavours to help people who use vapes or who are quitting smoking, for the very reason indicated by the noble Baroness, Lady Fox: smokers like the fruity flavours, which certainly help them. That would be a very good thing. I really do think that allowing only a tobacco flavour would be a bad idea, because tobacco is the very thing that smokers want to get away from.

I very much look forward to the Government’s response, particularly to my noble friend’s amendment.

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[Baroness Merron (Lab)]

My Lords, I am most grateful to noble Lords who tabled amendments in this group. I thank all noble Lords for their contributions to the debate.

I am sorry to hear that the noble Lord, Lord Mott, is unwell, and I am sure we all wish him well. On his Amendment 142, which was moved by the noble Lord, Lord Udny-Lister, restrictions currently set a 2-millilitre tank size limit, and a 10-milliletre refill tank size limit for vaping products. Over recent years, manufacturers have developed devices where multiple refill tanks are attached to the device itself. I assure the noble Earl, Lord Howe, and other noble Lords that the Bill already contains powers that allow us to regulate the nature and amount of substance that may be released into the body of a person using a relevant product, which includes vaping devices and the emissions released by such products. This includes restricting not only the nicotine in the tank but the nicotine that can be emitted in the vapour.

My next point is key to a number of points made in the helpful debate today: on 8 October we launched a call for evidence, which runs until 3 December. That, to me, is crucial in informing the development of future regulations under the Bill, which noble Lords are correctly asking for. We are seeking evidence to ensure that all nicotine-containing products have safe and appropriate levels of nicotine.

I understand the spirit in which Amendment 144, spoken to by the noble Lord, Lord Moylan, and Amendment 146, spoken to by the noble Earl, Lord Russell, have been tabled and the points that were made. I also heard clearly the concerns expressed by the noble Baroness, Lady Fox. We agree that descriptions of flavours are part of the appeal of vapes to children. The Bill allows us to regulate flavour descriptors. However, evidence suggests that children are attracted to the fruit and sweet flavours of vapes, both in their taste and smell, as well as how they are described.

[Lord Lansley (Con)]

Can the Minister tell me exactly where in the Bill the power to regulate flavour descriptors is to be found?

[Baroness Merron (Lab)]

I am sure that I will be able to do that, if the noble Lord will allow me to continue in the meantime.

What we do not yet know is the long-term harms of certain ingredients or flavours. This is why we need to be able to limit the flavours themselves, with the ability to respond to emerging evidence or scientific advances in the future, as well as how flavours are described. I can refer the noble Lord, Lord Lansley, on the point that he raised to Clause 91, which says:

“The Secretary of State may by regulations make provision about—”


et cetera. I hope that will be helpful to him.

I understand the concerns that were raised about how restrictions on flavours can impact former smokers who have switched to vaping. We absolutely recognise that vape flavours are an important consideration for adult smokers, and we will carefully consider restrictions to avoid any unintended consequences for those who seek to quit smoking. Our aims for future regulations on vape flavours, as well as for the wider regulations on vapes, are to reduce the appeal of vapes to young people while ensuring that they remain a viable quit aid for adult smokers. I heard the concern of the noble Earl, Lord Russell, about ensuring that the legislation is right. I am sure that all noble Lords share that view.

The published call for evidence includes flavours of tobacco, vape and nicotine products, to ensure that we are considering the best available evidence. We will also review the approaches taken by other countries, to learn the lessons and to consider whether they are appropriate for the UK. I give an assurance, as I have done before, that we will then consult on specific proposals before making regulations.

On the point about international comparisons—the noble Lord, Lord Lansley, raised a certain aspect of them—there are varied determinations on what a flavour is. For example, in the Netherlands, there is a specified list, and, in Finland, there is a restriction on all characterising flavours. That is why the call for evidence and the subsequent consultation are so important.

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[Lord Lansley (Con)]

May I make a suggestion? It seems that we are trying to find out whether it is the Government’s intention to regulate flavours—that is, to determine which chemical additives can or cannot be added to vapes, which would end up determining what flavours are allowed—or whether it is the Government’s intention to regulate the description of flavours, meaning which flavours are to be “described”, “characterised” or any such word. We do not yet know what the Government’s intention is. If the Government want to retain the power to do both, I submit that they need to specify in Clause 91 that they will have the power to do both.

[Baroness Walmsley (LD)]

Before the Minister answers that, may I ask her another question? Which agency regulates and licenses the various flavours used in vapes? Is it the Food Standards Agency or some other agency?

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Moved by

[Lord Lansley]

154: After Clause 110, insert the following new Clause—
“Industry self-regulationInsofar as the Secretary of State makes regulation under this Part relating to vaping products or nicotine products, they may have regard to the availability of relevant codes of practice, guidance or standards made by independent self-regulatory bodies which are supported by representative industry bodies and may provide for a self-regulatory body to exercise functions relating to provisions under these regulations.”Member's explanatory statement
This new clause seeks to enable the Secretary of State to take advantage of self-regulatory initiatives relating to vaping & nicotine products in implementing part 5 of the Act.

[Lord Lansley (Con)]

My Lords, in this group we are, in a way, returning to an issue that we discussed earlier in relation to my noble friend Lord Udny-Lister’s amendment on the nature of the regulatory regime and how it will be deployed. I freely admit that mine is by way of a probing amendment, because we want to establish how this regime will work.

I will briefly establish my way of thinking on this matter. We have a tobacco control regime; I was responsible for it once. I think that we had about the toughest tobacco control regime anywhere in the world in those days, and I do not want in any way to do other than to strengthen it. We are debating the vaping industry alongside the tobacco industry, but I contend that we need to examine the regime of regulation for the vaping industry in its own terms and not by reference to the tobacco industry, despite the fact they are in the same Bill. These products are substantially different in terms of their possible harm—I will not dwell on that point; we will have a later group on that in relation to my Amendment 197. Picking up a point made by the Minister, the importance of research and of understanding the relative harms of a long-term use of vaping products both need to be established over time. I also contend that that should be independently interpreted in relation to how the regulatory regime will be managed.

A better analogy, although not an exact one, for the regime that we are looking to establish for the vaping industry is with that for the alcohol industry. We are discussing products that if used inappropriately, or if used by young people or used to excess, can do significantly greater harm. However, as I think we generally acknowledge, we want the products to be accessible to adults. We principally want them to be accessible for the reasons of smoking cessation, but we do not intend to prohibit access to them for other purposes; it is all part of a general proposition that they should be accessible to adults. There is therefore, to an extent, an analogy with the alcohol industry but not with tobacco.

In this group, my noble friend Lord Moylan has Amendment 198, which I think is complementary to my own amendment in the sense that what I am proposing is about an independent industry body. I will go on to describe what I have in mind by analogy with the Portman Group, which works in relation to the drinks industry—noble Lords may well be familiar with it through its work over quite a number of years. What my noble friend’s Amendment 198 is talking about is a forum representative of the industry for discussions with the Government about the application of the Government’s powers in relation to the industry.

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Moved by

[Lord Lansley]

154A: After “Part” insert “or Part 6”

[Lord Lansley (Con)]

I hope noble Lords will forgive me: I have tabled an amendment to my own amendment, just for the purpose of making it clear that it became apparent that, in relation to brand sharing, for example, it might be appropriate for this to apply in Part 6 as well as Part 5. All the arguments similarly apply.

[Lord Moylan (Con)]

My Lords, I think I am correct in saying that all of the amendments I have proposed so far have generally been met with a buoyant response and a good level of engagement. I suspect that Amendment 198 will be less welcome; I will speak to it briefly, partly because my noble friend Lord Lansley has already explained what the amendment says and made a comment with which I do not, in essence, disagree.

The amendment seeks to establish a vaping and nicotine industry forum so that the Government can engage with the industry properly. It would disapply the World Health Organization’s Framework Convention on Tobacco Control, which Ministers treat as if it were binding but which has not been the subject of a parliamentary statute imposing it on Ministers. My noble friend Lord Lansley says that this should not be necessary—I rather agree with him—but, in fact, it is necessary in practice because Ministers are treating the framework convention as binding. They are, therefore, excluding from their consultation vaping industry firms that are part of tobacco groups. They will engage with those firms that are involved exclusively in producing vapes—or are at least involved in producing vapes without being tobacco firms—but they will not engage with the others. Obviously, that leads to a very fragmented level of engagement with the industry.

We must be practical and realistic about this. As the tobacco companies transition—they clearly are transitioning—away from cigarettes and into vaping and e-cigarette products, the Government should start to engage with them differently as to their background. That is what Amendment 198 proposes; I do not have to say very much more about it.

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[Earl Howe (Con)]

My Lords, each amendment in this group constitutes a suggestion to the Government that there is a place for regulation with a lighter touch in what is currently a rather heavy-handed Bill. As our Committee debates move forward, I get the sense that a large number of restrictions, rules and regulations are now being devised centrally and will, in due course, be placed on some very large industries, some of them very responsible, without those industries being brought properly into the loop. I hope that I am wrong on that latter point.

My noble friend Lord Lansley has helpfully drawn attention to the codes of practice and the standards that already exist in the vape and nicotine industries, which are overseen by representative industry bodies. The existence of these standards and codes is a reflection of a desire on the part of those businesses to act responsibly towards consumers—and to be seen to do so because, of course, these industries understand their businesses best and are in the best position to frame rules that are designed to drive out poor practice but nevertheless maintain healthy competition in the marketplace.

My noble friend may correct me if I am wrong but, as I interpret his amendment, he is not saying that there is no room for government regulation on top of what these industries are already doing; as we debated earlier, there may well be further restrictions that, for public health reasons, prove to be appropriate. What he is saying, however, is that the Government need regulate only where there is a patent need to do so; and that there may be less need to regulate if there is a responsible industry body in place. There is a parallel with the Portman Group.

[Lord Lansley (Con)]

Before my noble friend moves on to that helpful analogy, I would like to say—not least in response to what the noble Baroness, Lady Northover, said—that I do not regard what I am putting forward as asking for industry self-regulation. In fact, I am asking for co-regulation in that relationship with government. Making the regulation effective is what I am all about.

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[Baroness Merron (Lab)]

To my knowledge, he did not. I return to the point about consultation. There is a requirement to consult before making regulations under the majority of the powers in the Bill. At the risk of repeating myself, which I will do, we published a call for evidence on 8 October. The evidence is—I am sorry for pausing, but I have a cough. Perhaps the noble Lord, Lord Lansley, would like to take advantage of that.

[Lord Lansley (Con)]

I will give the Minister a moment to drink a glass of water.

If I may presume to ask a pointed question, I am looking for Ministers not to say, “Well, you didn’t do it in the past, therefore you can’t be expected to do it in future”, but to have a conversation with the industry about what this new regime will be, how it will work and how we can—most effectively, with the least interference in how an industry operates and with the lowest compliance costs—arrive at something that is flexible and effective. This may mean that the industry comes together to do something that it has not done in the past, but I do not think that we should exclude the possibility that the industry is capable of doing that.

[Baroness Merron (Lab)]

I understand that. I refer to my previous comments about Clause 104 already providing for legislative sub-delegation, although I am aware that the noble Lord has raised a broader point and drawn on the interests of the alcohol industry. I understand the point he is making. However, at the risk of repetition, our concern is very much based on our experience and the evidence of the industry. I realise that the noble Lord does not agree with that.

[Lord Lansley (Con)]

If I may intervene, since this is Committee and we cannot interrupt each other on Report and have this conversation, the point I am making is very simple: the past is not a necessary guide to the future. The fact that the industry did not do something in the past does not mean that it is not capable of doing it effectively in the future. As the Minister knows, the department’s experience is that, in relation to the alcohol industry, the Portman Group is an effective instrument for coregulation, so we should not exclude that possibility. I acknowledge that it is not simply a question of what powers are in the Bill; it is about how one structures the regime, and that conversation should happen now.

[Baroness Merron (Lab)]

I will be very happy to write further to the noble Lord, referring to the points that he raises, but I feel that he and I are at risk of repeating the same points to each other. My concern is that the industry has had much opportunity and not taken it. Indeed, it has been extremely creative—I am being polite—in working its way around legislation. Noble Lords will have heard my resistance to setting up more loopholes, and that is also for this very good reason. Although in theory I can understand the point the noble Lord is making, I am afraid that my reality does not bear it out. But I will gladly write to him. I appreciate that he is seeking to be constructive and draw on good practice elsewhere, which I understand. I thank him for the break that he gave me.

Finally, as I said, we published a call for evidence on 8 October on issues where more evidence is needed before we consult on specific proposals. That allows all stakeholders, including those relevant to Amendments 154, 154A and 198, to contribute their views. I hope that, with this, noble Lords will feel able not to press their amendments.

[Lord Lansley (Con)]

My Lords, I had plenty of opportunities to respond as we went along during the debate, so I simply take this opportunity to beg leave to withdraw Amendment 154A.

Amendment 154A (to Amendment 154) withdrawn.