Tobacco and Vapes Bill

Jack Rankin Excerpts

Report stage
Wednesday 26th March 2025 Commons Chamber

[Dr Johnson]

As is usually the case, I find myself agreeing with my right hon. Friend, and that is of course why we have tabled the amendment: it will give us the evidence that we and the enforcement authorities require to make sure that the black market is reduced.

[Jack Rankin (Windsor) (Con)]

Does my hon. Friend accept that there is not a risk that a black market will open, because a significant black market in tobacco already exists? In 2021, some 23.6 billion cigarettes were sold under duty, whereas in 2024 the figure was 13.2 billion, a 44% reduction. Yet an Action on Smoking and Health survey has found that smoking has reduced by only 0.5%. The black market is already here—it is not a new thing that will be created—so the Bill presents an even greater risk.

[Dr Johnson]

My hon. Friend makes a fair point. We know the black market exists, but the amendment would enable the Government to understand the scale of that black market and the changes in it, so that regulation could be enforced more robustly.

On amendment 90, as currently drafted the legislation will ban all forms of advertising of nicotine and non-nicotine vapes, nicotine products and sponsorship that promotes those products. Adverts will no longer be permitted on posters, billboards or the sides of buses, and sports teams will be prevented from being sponsored by a vaping company. As a Member of Parliament and a children’s doctor, I have been very concerned by the sharp increase in children addicted to vaping and, more recently, the other nicotine products such as pouches that have begun to flood the market. Schoolteachers have reported that children are unable to concentrate or even to complete a whole lesson without visiting the bathroom to vape.

Action to tackle the rise in vaping is welcome, and I support steps that restrict the appeal of vapes to young people, including through flavours and packaging. However, as the Minister mentioned in her opening speech, vaping can be a useful smoking cessation tool for adult smokers trying to quit; in my view, that should be their only purpose. Within the context of proposed advertising restrictions, amendment 90 would ensure that vapes that are targeted solely as a quit aid, to help adults stop smoking, can continue, in recognition of their role in bringing down smoking rates.

Finally, new clause 20 would introduce a requirement on online vaping products to operate an age verification policy, as is currently the case in Scotland. Whether someone is buying vaping products online or in store, robust provisions must be in place to ensure that the purchaser is of legal age, and businesses must have a robust policy in place. As we have seen through recent tragedies, the age verification process for online sales on age-restricted products has not always been effective. The new clause would be an important step towards protecting children from accessing products online that they should not be able to buy.

In closing, the Conservative party has a strong record of action on tobacco control. It was under a Conservative Government that plain packaging was introduced for all tobacco products and that minimum pack sizes for cigarettes and rolling tobacco were introduced—policies that have been demonstrably effective at reducing smoking rates. I have personally campaigned passionately on the issue of tobacco and vapes for over two years, and I am pleased that some of my original amendments to the Bill have made it beyond Committee stage and are with us today. I was also glad to see some of the new Government amendments introduced on Report that were born of debates we had in Committee, which have strengthened the Bill.

Our amendments are designed to highlight some of the difficulties in the Bill. We oppose the Government’s power-grab—creating powers to ban smoking and vaping wherever they choose by regulation, but without consultation or enough notice. We have concerns about how the Bill will operate in practice, especially the burden on small businesses, and the potential for unintended consequences, such as a growth in the black market for tobacco products, so we ask that the Government seriously consider our amendments today.

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[Euan Stainbank]

My hon. Friend identifies an important point about the protection of young people, and I would be very interested to hear the Minister address it in her winding up.

Non-smokers should never vape, but we should acknowledge that vaping can help a hell of a lot of smokers to quit, and that the evidence base we have on relative harm shows that vaping is far less harmful than tobacco smoking. The consolidation of vaping into a more utilitarian device used solely for the cessation of smoking is something we should pursue. That necessitates measures that stop the worrying rise in young people getting their hands on vapes in the first place. During evidence in Committee, Trading Standards articulated that online age gating has a far lower failure rate than sales over the counter. We heard from various sources about how vapes are still far too easy for our bairns to get their hands on through proxy or underage counter purchases. There is still work to be done to put the onus on the vaping industry to safeguard our bairns.

That why I put my name to new clause 6 and new clause 7, tabled by my hon. Friend the Member for Newcastle upon Tyne East and Wallsend (Mary Glindon). They would permit the Secretary of State to make regulations mandating vape retailers to sell only vapes that include approved age-gating technology, allowing adults to lock their vapes and prevent bairns being able to use them. That would align with and strengthen the Bill’s objectives of deterring underage use by seeking to extend protection away from the point of sale to the point of use. I will ask Ministers to commit to meet me and the all-party parliamentary group to discuss how age-gating technology and wider measures can be supported in the United Kingdom to strengthen the shared aim we all have to stop bairns vaping.

The Bill grants the Secretary of State similar powers to bring in regulations relating to the display, packaging and flavours of vapes. On that, I will make a few brief points. The Bill should not deter smokers switching to vapes. Flavours are a huge reason why smokers quit and stick by quitting, and we should not regulate in any way that undermines the crucial message we must get to stick with adult smokers, which is that vaping has a far lower relative harm than continuing to smoke.

If we can, across this House, acknowledge the scientific consensus that there is no non-harmful consumption of tobacco, the Bill should be supported. It is time to take a step that will do a substantial amount to deter smoking, prevent nicotine addiction and secure a generation against smoking-related disease and premature death.

[Jack Rankin]

I hesitate to break up the consensus ever so slightly, but I do disagree fundamentally with the Bill. In my view, a generational smoking ban misrepresents the proper relationship between the state and the individual, and creates two tiers of adults. Members will be heartened to know that, recognising the will of the House on Second Reading, I do not intend to plough on with that argument too far. What I have tried to do with my amendments, however, is to genuinely improve the main aim of the Bill in a way that gets people off smoking in the interests of public health, which, whether we are for or against a generational ban on smoking, is something that we should all support. That is why I am grateful to Members from across this House—on the Government Benches, the Liberal Democrat Benches and the Democratic Unionist Benches, as well as some independent Members—for supporting the measures in my name, new clauses 8, 9 and 10 and amendment 46.

The message behind those measures is simple: let us ensure less harmful vapes and nicotine products get to the adult smokers who could benefit from them so that smoking rates continue to fall. In that regard, I associate myself with some of the remarks made by the hon. Members for Falkirk (Euan Stainbank) and for City of Durham (Mary Kelly Foy).

I feel the risk of the Bill is that Ministers may inadvertently weaken the decline in smoking in Britain somewhat. As the Minister and shadow Minister both said in their opening remarks, vaping is a legitimate and desirable smoking cessation tool for adults who currently smoke.

[Sir John Hayes]

I am grateful to my hon. Friend for giving way, and I associate myself with much of what he has said already. He will understand that when plain packaging was introduced, just that kind of inadvertent effect was felt, as those who wished to counterfeit tobacco products were able to do so at will, using plain packaging that looks no different from legal tobacco packaging.

[Jack Rankin]

I thank my right hon. Friend for his remarks, and also associate myself with the same remarks from my hon. Friend the Member for Gosport (Dame Caroline Dinenage). We have to be a little careful about the inadvertent effects of what might be the goodwill of all of us in this House.

Regardless of how one sees the state’s role in this matter, we should all welcome the decrease in smoking in this country from the highs of almost 30% in the early 2000s to 11.6% today. We have to recognise that that is partly due to education, partly to do with social stigma and partly because of legislation that this House has brought forward. We should also acknowledge, however, the essential role that the free market has played, particularly with vapes and other non-tobacco products, in getting adult smokers to stop smoking.

There are still 6 million smokers in this country, and none of them will come under the umbrella of the generational ban. We therefore need to ensure that there are safer alternatives out there for them. In my view, the Bill as currently drafted risks hanging those smokers out to dry by treating vapes and nicotine products—although they are not included in the ban—in the same way as cigarettes are treated, which is a false equivalence that is not backed by the science.

Sitting on the Public Bill Committee, I realised how prevalent the view is among the public that vapes and other smoking cessation tools, such as non-combustible tobacco, are as bad as cigarettes, when in reality vapes are at least 95% safer than cigarettes, according to Public Health England and Dr Khan’s independent review—look at any smoking cessation website to find a similar message. Any smoker knows how difficult it is to go cold turkey, and less dangerous off-ramps like vapes can be a lifeline for those looking for a way out of cigarettes. In fact, in many aspects, the NHS actively promotes such tools through its swap to stop scheme, and has found that almost two thirds of people who vape alongside using a stop smoking service quit smoking.

What concerns me primarily is the blanket ban approach to marketing, particularly for vapes and nicotine products, which my new clauses 8 and 9 would address. I know that many across this House have supported the new clauses and share those concerns. Although I totally support the need to stop disposable, rainbow, candy floss-flavour vapes being aimed at children—that is absolutely unacceptable—adult smokers do need to know that there is a safer alternative to cigarettes.

On that concern, many smokers now believe vaping to be as dangerous as cigarettes. Cancer Research UK has found that 57% of adult smokers think that vaping is just as harmful, if not more harmful, than smoking cigarettes. The risk of a draconian approach to vaping, as I consider the Bill to take, will only reinforce that incorrect messaging, which is damaging to public health.

By permitting marketing in limited circumstances and under strict restrictions, as my new clauses aim to do, we can get the message to the 6 million adult smokers that there is a safer alternative out there. Indeed, the Government’s own impact assessment recognises the risk of the

“Health impacts of fewer people using vapes and nicotine products to quit smoking.”

I say respectfully to the Minister that this should set off alarm bells in Government.

That is what new clause 8 does. It simply asks the Government to have a proper consultation on the potential impacts of a marketing ban, digging deeper than the sparse bullet points currently given to it in the impact assessment. This would allow us to listen to the consumers who actively use these products and find out how these changes will impact them. In the Public Bill Committee, the consumer voice was largely absent. Restrictions on flavours and packaging and vape-free areas are already subject to consultation and this amendment would simply bring marketing in line with that.

A deeper consideration of the impact of the marketing ban would help us maintain our progress towards a smoke-free 2030 and allow the Government the opportunity to prevent the unintended consequences of the Bill. Education through marketing is one of the best tools the Government have at their disposal, so why not wield the free market to effect real social change and let vape companies do the leg work?

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[Euan Stainbank]

Specifically on amendment 46, which I have a degree of sympathy for, who would be responsible for enforcing the advertisements and ensuring that it was only those over the age of 18 who were seeing them?

[Jack Rankin]

I am assuming, to be honest, that it would be the same people who are responsible for the licensing of alcohol advertising.

All my amendments speak to the principles that I have outlined, which I think are consistent with the aims of the Bill, and for which I have received support from across the House. I hope that Members both in here and in the other place will recognise the value of my amendments and that the Government will take these concerns seriously.

[Mary Glindon (Newcastle upon Tyne East and Wallsend) (Lab)]

As chair of the all-party parliamentary group for responsible vaping, I have followed the progress of the Bill closely. I will speak to new clauses 4, 6, 7 and 15, as well to amendments 36, 37 and 88, all of which stand in my name. I congratulate the Minister on her appointment and on stepping up so wonderfully to help move the Bill forward today.

Youth vaping is an enormous public health challenge that forms one of the Government’s central messages in the Bill. All of us in this place will have heard concerns from teachers and parents about the prevalence of youth vaping, and the challenges that schools face in tackling it. The Bill sets out to reduce the appeal of vaping to children, but a delicate and calculated approach must be taken when addressing youth vaping. In addressing one problem, it is incumbent on us all as legislators to not give rise to another—in this case, deterring tobacco smokers from making the switch.

We still have more than 6 million smokers to reach, and vaping is 95% safer than smoking, according to King’s College hospital and the former body Public Health England, and it is the most successful tool to help smokers to quit. According to data from Action on Smoking and Health, 3 million adult vapers are ex-smokers. There are hard yards that we still have to take to reach smokers, and I fear that the Bill, at present, is losing sight of what the evidence base says about the relative harms.

Vape flavours can play a significant role in passporting adults towards a less harmful alternative. I was pleased to see in the response to a written question I tabled that the Government recognise that flavours are a consideration for adult smokers seeking to quit. The previous Public Health Minister, the hon. Member for Gorton and Denton (Andrew Gwynne), said that

“it is important we strike the balance between restricting vape flavours to reduce their appeal to young people, whilst ensuring vapes remain available for adult smokers as a smoking cessation tool.”

A study led by the University of Bristol last year found that flavour restrictions could discourage adults from using e-cigarettes to help them quit smoking. Amendment 37, which stands in my name, seeks to strike a balance between banning flavour descriptors, which would remove flavours that deliberately appeal to children such as gummy bear and bubble gum, and allowing adults to use their smoking cessation product of choice.

Sticking on product requirements, amendment 36 would empower Ministers to regulate the design and interoperability of products in order to prohibit the sale of very high-puff count vaping devices. These products are typically cheaper per puff, contain significantly more vape liquid and plastic content than other devices, and have a specific youth appeal. In January, the Department for Environment, Food and Rural Affairs released new guidance outlining what can be considered a reusable product, aiming to prevent the retail of vapes with superficial charging and refilling features. I believe that this should be put on a statutory footing to ensure its consistent and effective application. The Bill should be amended to clearly stipulate “one device, one tank” to prevent irresponsible actors from flooding the UK with these products following the disposable ban.

New clauses 6 and 7, which stand in my name, would introduce a requirement for retailers in England and Wales to include age verification at the point of use. While the Bill seeks to tackle youth appeal, a fundamental issue is left unaddressed. Once a vaping product leaves a shop, there is no barrier to its being used by children, but technology against this already exists. I met with IKE Tech LLC, a company that has developed low-cost, Bluetooth-enabled chips that pair with a mobile app for secure identity verification. Its technology also includes geofencing, which can disable devices in certain areas, such as schools. The new clauses would harness the potential that innovation has to offer to address youth vaping accessibility head-on.

Turning to advertising, new clause 15 would create a limited and tightly defined exemption from the new advertising restrictions for in-store promotional materials in specialist vape shops, provided that these are not externally visible and that they meet any conditions around health warnings set by Ministers. I am fearful of a situation where specialist tobacconists are given exemptions to the restrictions set out under clauses 114 to 118 but specialist vape shops are not. These vape stores provide adult smokers with important advice and product consultations in their journey away from tobacco, and I have seen that in action.

Nicotine pouches are currently only regulated through the General Product Safety Regulations 2005, meaning that there is comparatively little regulation around these products, particularly regarding nicotine strength. Nicotine pouches with strengths ranging from 70 mg to 150 mg are easily obtainable. There is a pressing need to limit the strength of nicotine to lower levels. New clause 4, which stands in my name, would ban the manufacture and sale of pouches with more than 20 mg per pouch. This would eliminate the dangerous high-strength products while maintaining a threshold that minimises adverse consequences arising from the restriction, such as smoking and illicit pouches.

Before making any regulations under part 5 of the Bill, amendment 88 would require the Secretary of State to consult

“any persons or bodies as appear to him or her representative of the interests concerned”,

instead of what is stipulated in the more limited current wording. The Bill provides Ministers with broad powers to make further regulations. It is vital that these powers are exercised in consultation with all relevant stakeholders, including public health experts, enforcement bodies, cessation specialists, retailers and industry.

As chair of the APPG for responsible vaping, I hope that Ministers will be willing to engage in the coming months as regulations are brought forward. People who do not smoke should not vape. But for those who do use tobacco, I believe that we have a duty to ensure that legislation effectively harnesses the power of vapes as a smoking cessation tool.

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[Sammy Wilson]

The hon. Member will have the answer to that if he reflects on what we are debating today. We introduced that legislation, yet here we are, revisiting the issue, because people are still smoking and health outcomes are still bad—and we have additional problems, which I will come to in a moment, namely the illegal purchase and supply of tobacco. We have tried this in the past—we have tried bans and all kinds of other measures—yet we still have the problem with us.

Let us consider the consequences. First, we are being asked to introduce legislation, the burden of which will fall on retailers, because it is at the point of purchase that the scrutiny required by the Bill, and its implementation, will have to take place. There is a question that we have not debated yet: what happens when a retailer is faced in a few years’ time with two people, one aged 29 and the other 28, both demanding tobacco? One says “I’m 29” and the other says “I’m 29 as well.” The retailer is meant to distinguish which of them he can sell tobacco to legally. That is a real, practical problem, and it places a burden on the retailer, because if he does not make the right decision, he faces a fine and the removal of his license, and that source of income for his business will be affected.

[Jack Rankin]

I agree about the practicalities of needing to pick between two adults of similar age in a shop. Does the right hon. Gentleman agree that the person selling the cigarettes will probably be a shop lad aged 18 or 19? He will have to draw a distinction between adults much older than him. We should consider the position that puts that young gentleman in.

[Sammy Wilson]

That was the next point I was going to come to; the hon. Gentleman anticipated what I was going to say. We will place a burden not just on the retailer, but on those who work in the retailer’s store. We are concerned about assaults on retail staff; we have taken legislation on the subject through the House. The evidence from the British Retail Consortium is that many of those assaults take place when goods are denied to individuals because they cannot offer identification and show their age, so we are placing retailers and those who work in shops in great danger. There may be a safeguard against that in some of the bigger stores that have security guards, but many of the shops that sell tobacco are small corner retailers that do not have security guards, or even anyone in the shop other than the shopkeeper or the person behind the counter. Yet we are demanding that they implement the legislation, regardless of how practical or impractical it is for individuals to make a distinction between somebody who is 37 and somebody who is 36, or whatever.