The government has announced steps to crack down on rogue firms targeting children with free samples of vapes.

A loophole that allows the vaping industry to give free samples of vapes to children in England is set to be closed under new plans announced by the prime minister to clamp down on youth vaping.

This comes as NHS figures for 2021 showed that nine per cent of 11 to 15-year-old children used e-cigarettes, up from six per cent in 2018.

Selling vapes to under-18s is illegal, however, it is clear from this recent rise in teenage usage of vapes and the recent surge in the use and promotion of cheap, colourful products that businesses are targeting children.

The government also announced that there will be a review into banning the vaping industry from selling ‘nicotine-free’ vapes to under-18s. It believes this will ensure that the rules keep up with the way that vaping products are being used.

Rishi Sunak, the prime minister, said, “I am deeply concerned about the sharp rise in kids vaping and shocked by reports of illicit vapes containing lead getting into the hands of school children.

“Our new illicit vape enforcement squad - backed by £3 million - is on the case, but clearly there is more to do. That is why I am taking further action to clamp down on rogue firms who unlawfully target our children with these products.

“The marketing and the illegal sales of vapes to children is completely unacceptable, and I will do everything in my power to end this practice for good.”

Professor Chris Whitty, chief medical officer, said, “While vaping can be an effective quitting tool for smokers, it is important that non-smokers are not encouraged to start vaping. There has been a particularly worrying rise in the number of children using vapes, with companies clearly marketing these products to children using colours, flavours and cheap disposable options.

“Closing the loophole that allows companies to give out free samples of vaping products to under-18s is a very welcome step in tackling some of the harms caused by the vaping industry.

“We should continue to encourage smokers to swap to vaping as the lesser risk, while preventing the marketing and sale of vapes to children.

“There will also be a review into the rules on issuing fines to shops selling vapes to under-18s illegally to allow local Trading Standards to issue on-the-spot fines and fixed penalty notices more easily. This will aim to complement existing fine and penalty procedures, and where possible cover both illegal and underage sales of vapes and tobacco. Where gaps are identified, we will take action to close them.”

Neil O’Brien, Health Minister, said, “The shameful marketing of vaping products to children is leading to growing numbers trying e-cigarettes. Today we are therefore ramping up our efforts to stop kids from getting hooked on vaping, including taking steps to crack down on companies handing out free vape samples to under-18s and adding lessons on the health risks of vaping within the curriculum for the first time.

“We will also review the rules on issuing on-the-spot fines to shops that break the law by selling vapes to underage children and look into banning the sale of nicotine-free vapes to under-18s - which we know can be a gateway to using nicotine products. Alongside this, our new specialised ‘illicit vapes enforcement squad’ will also clamp down on online shops selling illicit vapes to under-18s.

“This builds on action announced last month to protect our children’s health and tackle underage vaping, while exploiting the potential of vaping to help adult smokers quit.”

Gillian Golden, CEO of the Independent British Vape Trade Association (IBVTA), said, “Selling products to under-18s has been illegal for some years now, as have proxy sales. Those who ignore the law bring reputable retailers who uphold strict age verification protocols into disrepute. We welcome the planned review on bringing nicotine-free products under existing rules and we look forward to continuing to support enforcement agencies in tackling illicit trade and illegal products.

“The loophole allowing free samples to be distributed regardless of consumer age is a gap that no self-respecting business should ever have considered exploiting. The IBVTA applauds the announcement that such activity will soon be illegal.

“While it’s concerning that access to vapes by young people is on the increase, it’s encouraging to see the government’s continued recognition of the important role that vaping plays in driving down adult smoking rates.”

Joe Murillo, chief regulatory officer of Juul Labs, said, “We welcome the steps the UK government has outlined today to combat youth vaping.

“Vapes have a role to play in helping adult smokers transition away from cigarettes, but more needs to be done to combat underage use of these products.

“We believe that government, regulators and industry can collectively take action to reduce the access and appeal of vaping to those underage, including by restricting the sale and marketing of vapes to this group.”

In the ‘Action on Smoking and Health Smokefree GB Youth Survey 2023 of 11 to 17 year olds’, two out of five young people said they smoke vapes “just to give it a try” and about one in five because “other people use them so I join in”.

That is why action will also be taken in schools, making sure that dedicated police school liaison officers across the country are using new resources to keep illegal vapes out of schools.

The health risks of vaping will be also included in Relationships, Sex and Health Education (RSHE) lessons, as part of the government’s ongoing review of RSHE, in order to further discourage children from taking up vaping.

The plans follow the announcement in April 2023 of £3 million of funding which has been provided to create a specialised ‘illicit vapes enforcement squad’ to implement the rules on vaping and tackle illicit vapes and underage sales. The squad - which will work with enforcement agencies and learn from the government’s work with Trading Standards on illicit tobacco - will also tackle online shops selling illicit vapes to under-18s.

A call for evidence on youth vaping launched in April 2023 will build on these actions by looking at evidence into the appeal of vapes as well as the marketing and promotion of vapes, including on social media, to identify opportunities to reduce the number of children accessing and using vape products - and explore where the government can go further. This will remain open for submissions until June 6, 2023.

The measures for schools will build on new content published in October 2022 on the potential risks of vaping for young people on the Frank and Better Health websites, and we have provided input to educational resources produced by partners, including the PSHE Association.

The Office for Health Improvement and Disparities is also developing a new resource pack for schools on vaping, intended for children aged 11 to 13. The educational resource for young people will inform them about the addictiveness of nicotine and the evidence that young people’s developing brains may be more sensitive to its effects. It will also inform them about other potential health risks, while making clear the distinction between these risks and the known serious health harm associated with smoking tobacco. This will be made available via the Better Health School Zone website by July.

While the rise in illegal youth vaping is a cause for concern, many addicted smokers have found using vapes helpful as a quitting tool. In April, the government also launched announced a world-first national scheme, meaning almost one in five of all smokers in England will be offered a vape starter kit alongside behavioural support to help them quit the habit as part of a series of new measures to help the government meet its ambition of being smoke-free by 2030 - reducing smoking rates from 13 per cent to five per cent or less.

Deborah Arnott, chief executive of ASH said, “We welcome government action on youth vaping, but the PM’s proposals are baby steps, not the tough action that’s needed. Tough action which would have happened already if the Government had accepted backbench amendments on vaping to the 2021 Health & Social Care Bill. Those amendments, supported by ASH and all the main parties except the Conservatives, would already have banned free vapes for kids, and made it possible to prohibit branding on vapes appealing to children, such as sweet names and bright colours. Instead, it will take months if not years for these measures to be enacted.

“This initial announcement must be quickly followed by more detailed action when the government’s current ‘call for evidence’ on vaping closes next week. The most important immediate step the government could take now is to put a tax on the cheap disposables which are the vape of choice for children, as well as being bad for the environment. We called on the government to do this in the Spring budget, but again they ignored us.

“Children are very price sensitive, and the most popular disposable vape, Elf Bar can be bought for as little as £2.99. A tax of £5 per disposable vape would make them much less affordable for children and could be implemented far more quickly than the ban on disposables that some have called for. The government doesn’t have to wait until the next Budget, finance bills can be brought forward rapidly, as they were during covid. Making vapes excisable products would also give government greater powers to control their import, so helping limit the market for illegal vapes which is currently out of control.”

Author: