Tobacco and Vapes Bill

Written evidence submitted by the Independent British Vape Trade Association (IBVTA) (TVB23)

EVIDENCE SUBMISSION TO THE TOBACCO AND VAPES BILL COMMITTEE

Section 1: Introduction

1. The Independent British Vape Trade Association ("IBVTA") is grateful for the opportunity to contribute to the Tobacco and Vapes Bill ("the Bill") call for evidence as it is laid in front of the House of Commons Public Bill Committee for its consideration. As a professional voice of the independent vape industry, the IBVTA recognises the role that is has to play in ensuring the Tobacco and Vapes Bill is fit for the public and its health priorities.

2. The IBVTA is a collaborative organisation and is not owned by any one individual company or group of companies, it is owned collectively by all its members. The mission of the IBVTA is to provide credible knowledge and guidance to support the independent vape sector and promote constructive interaction between this industry sector and the scientific community, vapers, regulators, policy makers, and the general public.

3. The IBVTA helps to foster research and manufacturing excellence, in order to support a robust, yet proportionate, regulatory landscape that adequately reflects the needs of vaping stakeholders and recognises vaping as a sector in its own right. All IBVTA members are free from any ownership or control by the tobacco and pharmaceutical industries.

4. With regards to the Bill, tobacco presents a unique public health challenge as it kills more than half of its long-term users when consumed as intended, with particularly severe consequences for those who begin smoking as teenagers and continue for decades. While nicotine itself is relatively benign, but addictive, the combustion products of tobacco are the primary source of harm. This Bill aims to create a smoke-free generation by 2040 through incrementally raising the legal age of sale, while simultaneously addressing the needs of existing adult smokers who face significant health risks.

5. The Bill must strike a crucial balance, by both preventing youth initiation of nicotine use and ensuring that dramatically less harmless alternatives for adult smokers continue to be accessible and attractive as a form of cessation. Since 2015 [1] , vapes have been recognised as effective harm reduction tools and are now incorporated into DHSC and NHS-funded cessation programs.

6. This balance is considered in greater detail below and supported by extensive research and real-world evidence. In order to support the continued building of a robust, evidence-based foundation, the IBVTA encourages effective consultation with the health sector and specialist academics throughout the development and implementation of the Bill. This will also be important in the development of secondary legislation consequent to the Bill. The Bill risks unintended consequences that may increase the uptake of adult smoking, or decrease the likelihood of an adult smoker finding alternatives that may help them quit. Effective consultation with leading academics, public health stakeholders and the independent vape sector should ensure these risks are properly considered.

Section 2: Vaping’s role in public health

7. Alternative nicotine products present significantly lower health risks and can serve as valuable pathways either to reduced harm or complete nicotine abstinence, making their availability and visibility to adult smokers an essential component of comprehensive tobacco control policy.

8. E-cigarettes have emerged as a popular smoking cessation tool, offering advantages over traditional nicotine replacement products. Prior to vaping's widespread adoption from 2012 to 2015, cessation aids like nicotine patches and gum often failed to address the psychological and social components of smoking addiction. [2]

9. A 2022 Cochrane Review [3] found high certainty evidence that e-cigarettes are more effective than conventional nicotine replacement therapy (NRT) at helping smokers maintain abstinence for six months or longer. The dual benefits of cost-effectiveness and a familiar smoking-like experience have contributed to their widespread adoption among individuals trying to quit traditional cigarettes.

10. Public misconceptions about vaping's relative health risks have contributed to "dual use" - the use of both traditional cigarettes and e-cigarettes interchangeably. While research indicates that vaping is significantly less harmful than smoking combustible tobacco, widespread misunderstandings about their comparative risks persist. This knowledge gap often prevents smokers from fully transitioning to vaping as a less harmful alternative. Clear, evidence-based communication about the relative risks of these products is essential to help current smokers make informed decisions about switching completely to e-cigarettes as a way to reduce the risk of harm.

11. Traditional longer-term vapers are most normally ex-smokers who have quit with, and often because of, vape products. A growing group of vapers tend to use single-use and similar vapes more interchangeably with smoking, with a potential that many of these are "social smokers" that never would have identified themselves as smokers, as they only smoke (and now vape) at weekends or in social settings.

12. A third group, youth vapers that are under-18, has emerged in very recent years, and is of concern to many public health stakeholders. The size of this group has now plateaued, but with 4.2% of 11–17-year-olds vaping at least once a week [4] , it is unacceptably high. While the promotion of safer alternatives to smoking is important, the Bill makes substantial steps to regulate to ensure that under-18s face greater restrictions when it comes to their access to vapes.

13. The proposed legislation's regulatory impact requires careful consideration, particularly regarding its effects on lower-income households where smoking rates are disproportionately high. These families often face compounded health challenges, as children in these households typically experience greater exposure to second-hand smoke. The economic burden of stricter regulations could inadvertently affect smoking behaviours in these communities, potentially increasing children's exposure to tobacco smoke if parents resort to smoking rather than using less harmful alternatives.

Section 3: The need for balanced regulation

14. Ensuring that smoking and vaping are treated and recognised in accordance with their different levels of associated harms is important, as this will help determine the attractiveness of vaping as an alternative for adult smokers. People who currently smoke and are looking to switch to vaping can only do so if they know what vapes are and where to buy them from responsible retailers.

15. Vaping products have only been allowed very restricted advertising since the Tobacco and Related Products Regulations came into force in May 2016. As is currently drafted, the Bill’s measures seem to be additional to these restrictions, and go as far as to treat vaping products the same as smoked tobacco products. It is important to recognise that vaping products are used by smoking cessation services, and that those services often advertise to recruit smokers that want to quit.

16. The vaping industry has found, alongside existing evidence, that interesting and enjoyable flavours form part of the main attraction to the product as a viable alternative to smoking. [5] These are important as they have been fundamental to their growth in vaping’s popularity, and its perceived differences from tobacco. Similarly, in recent years devices have been designed to allow market competition through product differentiation and specific brand differentiation. While we appreciate these powers are subject to consultation before producing secondary legislation, we hold the strong view that this consultation should be with appropriate parties, and cognizant of the importance of flavours to vaping.

17. Responsible retailers play a crucial role in preventing youth access to vaping products, yet current evidence suggests significant failures in enforcement. According to ASH's 2024 Use of Vapes Among Young People in Great Britain report, the majority of underage users obtain vapes through informal or illegal channels, and includes social media platforms and vendors ready to trade illicitly. This highlights the urgent need for a robust licensing system for vape retailers. Contrary to some beliefs, the age of sale restrictions contained in the Bill do not change the requirements for the sale of vaping products. An amendment to the Children and Families Act 2014 made the sale of vapes to under-18 year olds, and "proxy purchase" by adults illegal from October 2015. [6]

18. The proliferation of illegitimate vapes poses some risk to public health. These unregulated products may contain unauthorised chemicals, and defective components. Without proper quality controls, users may be exposed to harmful substances that legitimate manufacturers are prohibited from using.

19. In addition, the proposed crackdown on single use vapes via the ban in June 2025 presents an opportunity to accelerate a transition toward more sustainable vaping practices. Refillable and rechargeable devices offer compelling environmental advantages over disposables, generating significantly less electronic waste while providing comparable or superior user experiences. This shift aligns with broader sustainability goals by reducing both material consumption and the carbon footprint associated with frequent device replacement.

Section 4: Proposed amendments to the Tobacco and Vapes Bill

Given the context and considerations outlined, IBVTA proposes the following amendments to the Bill.

Proposed amendments to Tobacco and Vapes Bill

Insert new clause 1.

Tobacco is unique among consumer products, in that in its combustible form, it kills well over half its consumers when used as intended over a lifetime. It is particularly harmful when regular consumption is initiated by teenagers, not while they are still young, but certainly after 30 years of regular use.

The combustion products of tobacco are frequently identified as the harmful elements of smoking. They are accompanied by nicotine, which is of itself relatively benign [7] , but is highly addictive. This means that teenagers initiating smoking over the last 100 years have, often unwittingly, committed themselves to a very high chance of poor health in their later years.

This Bill carries several overarching aims, the most important of which is to ensure teenage initiation of smoking is consigned to history. With an increasing legal age of sale, by 2040, an entire generation should be approaching middle-age entirely free of addiction to smoking and nicotine.

However, there are older generations of smokers that will move through middle and old age before and beyond 2040. A large proportion of these have already smoked for their adult lifetime. Without intervention, many will continue to do so, and will suffer the harms of lifetime smoking. It is for the benefit of those smokers that this Bill must recognize a spectrum of harm among nicotine-containing products.

No nicotine products can be considered as beneficial per se. However, some products present small fractions of the harm from smoking, and divert smokers to lower harm from nicotine consumption, or even to nicotine abstinence. Since 2015, vapes, in particular, have been recognized as consumer products that are effective in diverting smokers to less harmful nicotine consumption [8] . More than that, vapes are now recommended, and provided as quit aids, in Government and NHS funded schemes. In short, there are many scenarios where reduced harm nicotine products are beneficial.

Consequently, this Bill, along with providing a means to a smoke free generation, must strike a balance. It should of course aim to minimise young people initiating any form of nicotine consumption. However, it must also ensure that adult smokers have acceptable and attractive alternative nicotine products available to them in plain sight.

Insert additional clause after 12(2)

12 Vaping and nicotine product vending machines

(1) A person commits an offence if the person has the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) Where a person is charged with an offence under this section of having the management or control of premises on which a vape vending machine or a nicotine product vending machine is available for use, it is a defence for the person to prove that the management or control is in accordance with arrangements made by a public authority.

(4) In this section-

"nicotine product vending machine" means an automatic machine from which nicotine products may be bought;

"vape vending machine" means an automatic machine from which vaping products may be bought.

Amendment/additions to clause 13 (6) and (7)

13 Displays of products or prices in England

(6) Before making regulations under this Part the Secretary of State must consult demonstrably appropriate persons. This consideration must include the relative harm of different types of nicotine product, and the reduction of harm to consumers. It should include consideration of encouraging nicotine consumers to switch to lower harm products if they are unable to abstain from use of the most harmful products, which are combustible cigarettes. It should avoid the unintended negative consequences of encouraging consumers of lower harm product back to the most harmful by making lower harm products less attractive

(7) Regulations under this section are subject to the negative resolution procedure.

Amendment/additions to clause 14 (6) and (7)

13 Displays of products or prices in Wales

(6) Before making regulations under this Part the Welsh Ministers must consult demonstrably appropriate persons. This consideration must include the relative harm of different types of nicotine product, and the reduction of harm to consumers. It should include consideration of encouraging nicotine consumers to switch to lower harm products if they are unable to abstain from use of the most harmful products, which are combustible cigarettes. It should avoid the unintended negative consequences of encouraging consumers of lower harm product back to the most harmful by making lower harm products less attractive

(7) Regulations under this section are subject to the negative resolution procedure.

Amendment to clause 15

15 Free distribution and discount of products

Clause 15 should be considered anew, and completely. Clearly the free distribution of any tobacco or nicotine product to under 18s is unacceptable and should rightly be an offence. Similarly, the free distribution of smoked tobacco products should be an offence. However, there are times when reduced harm products need to be promoted, either as an alternative to combustible tobacco, or to otherwise influence consumer behaviour. An obvious example is when environmentally unfavourable disposable vapes might have a low unit price. Influencing a consumer to switch to a refillable vape and reduce their environmental impact and ongoing costs can be achieved through discounting, or free distribution. Similarly, free distribution of reduced harm nicotine products to those over the age of 18 might be considered reasonable if the consumer would otherwise be smoking.

Amendment/addition to clause 110

110 Consultation

Before making regulations under this Part the Secretary of State must consult demonstrably appropriate persons. This consideration must include the relative harm of different types of nicotine product, and the reduction of harm to consumers. It should include consideration of encouraging nicotine consumers to switch to lower harm products if they are unable to abstain from use of the most harmful products, which are combustible cigarettes. It should avoid the unintended negative consequences of encouraging consumers of lower harm product back to the most harmful by making lower harm products less attractive.

Insert additional clause 120 (1)

120 Advertising: defences

(1) Where a person is charged with an offence under any of sections 114 to 119 in relation to an advertisement it is a defence for the person to prove that the advertisement is in accordance with arrangements made by a public authority.

Section 5: Conclusion

20. By introducing the proposed amendments as drafted above, the Government will be able to better meet its objectives to improve public health.

21. In summary, based on IBVTA’s experience within the vaping industry and its associated impacts, its recommendations are that the Government should:

22. Implement a robust retail licensing system to combat illegal sales and enhance enforcement of age restrictions;

23. Maintain clear regulatory distinctions between vaping and smoking to reflect their different risk levels;

24. Preserve access to flavoured vaping products given their importance in helping smokers transition away from tobacco;

25. Focus on strengthening enforcement of existing regulations rather than implementing new prohibitive measures;

26. Consider socioeconomic impacts of regulations, particularly on lower-income households with higher smoking rates;

27. Support transition to refillable/rechargeable devices ahead of the 2025 disposables ban;

28. Ensure evidence-based communication about relative risks between smoking and vaping to reduce "dual use";

29. Develop advertising regulations that allow appropriate marketing to adult smokers while protecting youth;

30. Maintain consultation with health experts and academics throughout the Bill's development;

31. Ensure any new powers for product restrictions are subject to appropriate stakeholder consultation.

20 December 2024