Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, whether companies are prevented from (a) encouraging smokers to switch to vaping and (b) advertising price reductions for e-cigarettes.

The United Kingdom Tobacco and Related Products Regulations 2016 (TRPR) covers the regulation of e-cigarettes transposed from the European Union’s Tobacco Products Directive. Regulation 38 of the TRPR covers product presentation requirements and defines what can be written on a unit packet and any container pack of the electronic cigarette or refill container. Products may not for example suggest that a particular electronic cigarette or refill container is less harmful than other electronic cigarettes or refill containers; has vitalising, energising, healing, rejuvenating, natural or organic properties; or has other health or lifestyle benefits. These regulations also prohibit price reductions.

The Advertising Standards Authority (ASA) is responsible for monitoring the marketing and advertising of non-broadcast communications for electronic cigarettes. Section 22 of the ASA Committee of Advertising Practice Code concerns the regulation of marketing communications for electronic cigarettes. The code does not allow for medicinal claims but provides advice on how health claims can be made for marketing purposes that are not restricted by regulation.

The Government has made a commitment to review the TRPR by May 2021 to consider its regulatory impact. In addition, as announced in the Tobacco Control Plan the Government will review where the UK’s exit from the EU offers us opportunities to re-appraise current regulation to ensure this continues to protect the nation’s health.