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The re-introduction of the UK Tobacco and Vapes Bill has been broadly welcomed by the industry.
In particular, the inclusion of a vaping retail licensing scheme for the first time has been described as a welcome change to the previous version introduced by the now voted-out Conservative government earlier this year.
The UK Vaping Industry Association (UKVIA) said it was delighted that a vape retail licensing scheme had been introduced and was now firmly on the legislative agenda.
“This development will enable youth and illicit vaping to be addressed, allowing the industry’s focus to remain on supporting adult smokers in quitting,” the UKVIA said.
It suggested the scheme also include vaping distributors and that fines should be set at up to £10,000. It said the current proposed fine of £200 was far too low to deter rogue traders from thinking about breaking the law.
It added that it looked forward to working with the Labour Party government on other issues around vaping, such as the potential introduction of flavour bans and other restrictions.
“We welcome the opportunity to work with you and officials in your department to ensure that any regulations regarding flavours, packaging, and display are fit for purpose, establishing a balanced approach to vaping policy,” the UKVIA said. “Such an approach should safeguard against the challenges posed by youth vaping and illicit products while preserving and promoting vaping as the most successful stop-smoking tool available for adults.”
It added that it would provide fuller responses to the other proposed measures as more details are determined. The association initially had some concerns that restrictions on flavours intended to curb youth uptake may have an impact on adult users and thus hinder or reverse smoking cessation efforts.
“We will want to understand the detail of these powers as it is imperative that the new government establishes a balanced approach to vaping policy which safeguards against the very real challenges of youth vaping and illicit products, while preserving and promoting vaping as the most successful stop-smoking tool available for adults,” said UKVIA director general John Dunne.
“In particular, the government needs to take on board the critical role that flavours play in the appeal and success of vaping as a harm reduction tool. Therefore, there is a need to put the focus on restricting inappropriate flavour names, not flavours.”
Re-introduction welcomed, with some reservations
Other organisations also welcomed the bill’s reintroduction. Despite the bill including a proposal to again introduce a generational ban on the sale of tobacco products to anyone born in or after 2009, British American Tobacco (BAT) said it still welcomed the bill as it would answer long unheeded calls for restrictions on vaping sales.
“A retail licensing system is a necessary intervention to clamp down on underage access, so we welcome the introduction of such a system in this new Tobacco and Vapes Bill,” said Asli Ertonguc, head of BAT UK and Western Europe. “A retail licence works for alcohol, and we believe it will work for vaping.”
However, BAT also criticised the proposed level of fines. It said it was unlikely to deter unscrupulous retailers from continuing sales. “Prioritising enforcement, be it through more resource and harsher penalties, is the only way to ensure that any regulatory change has the desired impact,” Ertonguc added.
The Chartered Trading Standards Institute (CTSI), a representative body for Trading Standards units – local enforcement authorities tasked with applying regulations on things like retail sales – also welcomed the licensing scheme but questioned whether local Trading Standards offices would be sufficiently resourced to effectively enforce the new measures.
“We are…very pleased to see proposals in the bill to introduce a licensing scheme and to consult on other appropriate measures that will help ensure a reduction in youth vaping,” said John Herriman, chief executive of the CTSI.
“We [however] feel the need to stress once again that enforcement of all these measures will be enabled by proper resourcing of local Trading Standards Services and we look forward to seeing government’s proposals on this as the bill passes through parliament.”
Minister of health Wes Streeting introduced the Tobacco and Vapes Bill in the House of Commons on 5th November. The bill largely replicates the provisions set out in the previous version of the bill, introduced back in March 2024 by the Conservative-led government.
The new version still introduces a generational ban on tobacco products and herbal smoking products to anyone born on or after 1st January 2009; age, advertising and display restrictions for vape products; and confers powers to the government to further regulate advertising and product and packaging restrictions for nicotine products – including vapes.
However, the new version of the bill also introduces a new licensing retail scheme for tobacco and nicotine products, a vending machine ban on vapes, and public use restrictions for heated tobacco and vapes.
– Freddie Dawson ECigIntelligence staff
