Tobacco and Vapes Bill

Written evidence submitted by the National Fire Chief Council to the Tobacco and Vapes Public Bill Committee (TVB48).

1. Introduction

1.1 This document represents the submission from the National Fire Chiefs Council (NFCC) to the House of Commons Public Bill Committee’s call for evidence on the Tobacco and Vapes Bill (published 27 November 2024). NFCC is sharing our experience of the impact that smoking and vaping has on the activities of UK Fire and Rescue Services (FRS).

1.2 Our submission to the Committee provides evidence on the impact the Bill will have on fire safety, in particular the fire risk surrounding smoking and the fire risk related to the lithium-ion batteries found in vapes.

2. Background

2.1 NFCC is an independent membership association comprised of a council of Chief Fire Officers and is the professional voice of UK FRS. Our aim is to lead, support and coordinate prevention, protection, resilience, and emergency response activities across FRS so that they can meet changing demands and keep communities safe. NFCC has a unique role in representing FRS at a national level and leads on driving improvement and development throughout FRS while supporting strong leadership.

2.2 The NFCC Chair acts as the first point of contact for the Home Office, fire professionals, and partners such as the Local Government Association or NHS England. The NFCC Chair represents fire and rescue in a range of Government and sector forums and is the first line of advice to ministers in England during major incidents.

2.3 NFCC does not enter into activity with, or affiliated with, tobacco companies, a position which is underpinned by the requirements of Article 5.3 of the World Health Organisation’s Framework Convention on Tobacco Control (FCTC).

3. Executive Summary

3.1 As public sector organisations, FRS are part of multi-agency tobacco control approaches to reduce smoking prevalence in order to limit the fire risk associated with smoking and promote the safety, health, and well-being of their communities. NFCC therefore supports the Government’s attempts to limit smoking prevalence and youth vaping through the Tobacco and Vapes Bill.

3.2 Despite the overall number of cigarette smokers falling, smoking remains one of the top causes of primary fires in England. Smoking also has a disproportionate impact in terms of deaths from fire. This legislation will reduce smoking prevalence and, therefore, the fire risk surrounding smoking.

3.3 In people’s homes, the fire risk from vaping is lower than from smoking. However, vapes still pose a fire risk as they contain lithium-ion batteries. The Government must consider the fire risks around the purchase, charging, use, and disposal of vapes and all products containing lithium-ion batteries, for example, by using regulations on product information and packaging (Clause 90) to require messaging on the fire risks of lithium-ion batteries, safe charging practices, and the correct disposal of electronic products.

3.4 Robust product safety standards for the rechargeable vape industry are required.

4. Sale and Distribution of Tobacco and Vaping Products (Parts 1–3)

4.1 NFCC supports the measures set out in the Tobacco and Vapes Bill and the policy aims of the Bill.

4.2 Reducing smoking prevalence is the FRSs’ main strategic tool for reducing the fire risk around smoking. NFCC therefore supports the Government’s ambitions to create a smokefree generation by raising the legal age of sale for tobacco products (Clause 1) and banning proxy purchasing (Clause 2). This will have a positive impact on smoking prevalence and ultimately reduce the number of smoking-related fires, fatalities and injuries in people’s homes.

4.3 Despite the overall number of cigarette smokers falling, smoking remains one of the top causes of primary fires in England. Smokers’ materials were the source of ignition for 2,872 primary fires in England in 2023/24, including 1,522 accidental dwelling fires (house fires). Cigarette lighters were the cause of ignition of a further 149 accidental dwelling fires. [1]

4.4 Smoking has a disproportionate impact in terms of deaths from fire due to the nature of smoking-related fires in people’s homes, which occur in confined spaces where people sleep and may have health or mobility issues. Smokers’ materials result in more fire fatalities than fires caused by any other single ignition source.

4.5 In 2023/24, smokers’ materials were the source of ignition in 6.6% of accidental dwelling fires, but were the largest source of ignition for fire-related fatalities in accidental dwelling fires at 25.5%. [2] Accidental dwelling fires caused by smokers’ materials led to 40 fatalities and 396 casualties in 2023/24. [3]

4.6 The already significant fire risk from smoking in the home is exacerbated for vulnerable people and when combined with other factors, notably oxygen therapy, emollient products, air flow pressure relieving mattresses, substance misuse, impaired mobility or dexterity, memory impairment, and hoarding. As a result, the proposals to reduce smoking prevalence will have a significant benefit on public safety, including for vulnerable people in communities.

4.7 NFCC also welcomes measures to restrict the availability of vapes to children by prohibiting the sale of vaping products, including nicotine-free vapes, to under 18s (Clause 10) and banning proxy purchasing of non-nicotine vaping products (Clause 11).

4.8 Vaping is a way to support current smokers to reduce or quite smoking, thereby reducing the fire risk from smoking in people’s homes and the risks smoking poses to people’s health. Vapes should not be marketed in any way, including as a recreational activity or in a way that encourages new users (both adults and children) due to the risks associated with vaping.

4.9 Research has found that restricting point of sale displays of cigarettes has reduced smoking susceptibility among young people. [4] Treating vapes in a similar manner to tobacco products – keeping them behind counters and not on display – will likely deter young people from purchasing them, thereby reducing future vaping prevalence and associated fire risks.

4.10 NFCC recognises the importance of vapes as a tool to help current smokers, especially vulnerable smokers, reduce or quit smoking. Nonetheless, this does not mean the Government should not act to reduce the proliferation of vapes. Vapes are not the only quit aid available to current smokers who can seek NHS support to quit through a range of effective methods, for example, nicotine replacement therapy. NFCC therefore supports Government action to reduce the proliferation of vapes and reduce youth vaping.

4.11 Banning vape or nicotine product vending machines will reduce vape usage among children (Clause 12). These vending machines are likely to be less closely monitored than sales of vapes over the counter in shops, and thereby present less of a barrier to children accessing vaping products. Restrictions on vape vending machines align vaping product to tobacco products and will reduce vaping prevalence among children.

4.12 NFCC supports the introduction of an offence for distributing free vaping products or coupons (Clause 15), and are pleased that this offence will not affect government/local authority smoking cessation programmes that give away free vapes as a quit aid, such as Swap to Stop programmes. It is crucial that these government programmes continue to be supported to encourage current smokers to quit smoking, and that interventions to restrict the availability of vapes to children do not limit efforts to support and encourage existing smokers to use vapes as a smoking cessation tool.

4.13 The introduction of a retailer licensing regime for the sale of tobacco and vaping products in England and Wales (Clauses 16–39) and Northern Ireland (Clauses 84–85) would give councils greater control over the distribution and proliferation of these products in their local area. In reducing the health and fire risks around smoking and vaping, this will likely have positive impact on the health and safety of local communities.

4.14 The alignment of vaping and tobacco products under this licensing regime is welcome – NFCC have advocated for aligning rules around vaping and tobacco in responses to consultations on the smokefree generation proposals.

4.15 The measures on enforcement, including the introduction of fixed penalty notices, (Clauses 37, 38) are crucial to the success of the legislation. However, sufficient funding and a clear strategy are required for enforcement action – and this legislation – to be effective. As the Local Government Association (LGA) highlights , local authority Trading Standards teams have seen significant reductions to core budgets and in staff numbers alongside increased demand from a growing range of enforcement responsibilities. Greater clarity on what additional funding will be made available to Trading Standards departments to enforce the new regulations on smoking and vaping is crucial. Long-term capacity issues need to be addressed through schemes to boost the pipeline of future Trading Standards officers.

4.16 The power to extend the provisions in Part 1 of the Bill to other products and devices (Clause 45) is sensible given the need to ensure that new and emerging unsafe tobacco and vaping products do not fall outside the scope of this legislation.

4.17 NFCC welcomes the alignment of restrictions on tobacco and vaping products across England, Scotland, Wales and Northern Ireland (Parts 1, 2 and 3).

5. Product and Information Requirements (Part 5)

5.1 Vapes are a quit aid and should not be marketed in any way, including as a recreational activity or in a way that encourages new users (both adults and children) due to the risks associated with vaping.

5.2 NFCC supports the measure to regulate the retail packaging of relevant products (Clause 90), including the information provided on packaging, which provide an opportunity to address wider issues around the fire risks of lithium-ion batteries. The Government should consider extending this provision to cover product/user information (e.g., instruction manuals) and requiring the inclusion of relevant fire safety information.

5.3 Many consumers may be unaware that lithium-ion batteries are found in an increasing number of electrical and electronic household items, including both rechargeable and single-use vapes. The lithium-ion batteries in vapes pose a fire risk (though one that is significantly lower than the fire risk from smoking).

5.4 Lithium-ion battery fires are a growing operational burden on FRS. Flawed battery design, low-quality components, damage to the battery, improper charging or discharging, or misuse can create faults with the lithium-ion battery cell that may cause batteries to fail. Lithium-ion battery fires develop rapidly and are prolonged as the battery materials fuel the fire. These fires pose challenges in terms of firefighting activities, as they are difficult to suppress and extinguish and can release toxic chemicals. There is also potential for reignition due to residual heat.

5.5 Both single use and rechargeable vapes can cause potentially serious fires and significant injuries, given that they are often in close proximity to people (e.g., in pockets or homes) and can explode. Some prominent examples include a fire caused by a vape in a family home in Maldon, Essex in 2022 and a vape that exploded in someone’s pocket in London, causing significant injuries. A hospital fire in Hampstead attended by firefighters from London Fire Brigade (LFB) on 30 April 2024 was likely caused by the failure of a lithium battery in a rechargeable vape.

5.6 In addition to the vape fires reported to FRS, there are concerns around the number of "near misses" that are not reported.

5.7 Research undertaken by the insurer Zurich Municipal revealed that house fires caused by vapes increased 108% in 2021–2023. This study also revealed widespread consumer confusion over the correct way to dispose of spent vapes, with three out of four vape users (72%) unaware of how to safely dispose of the devices, while a similar number have no idea vapes contain lithium batteries. As a result, 107 million single use vapes a year are ending up in the general waste stream, where they are causing a rise in fires.

5.8 The introduction of regulations under provision of information Clause 90 provides an opportunity for the Government to ensure that safety messages around safe charging and warnings around the potential dangers of lithium-ion battery products are highlighted in product information and/or packaging and user instructions for vaping products. The Government should require that relevant product information and/or packaging or user information contains messages on safe usage, charging, and storage practices for electronic devices, as well as information on the dangers of incorrect use and improper disposal. Information should also be provided on how to dispose of electrical products safely when they are no longer required.

5.9 We suggest that learnings from the OPSS Consumer Insights Team (and other relevant sources) are used so that any safety information is presented in a way that increases the chance of it being noted by the prospective buyer. In practice, this would mean short, concise, and direct warnings (the term "risk of fire" should be used, rather than "risk of overheating" or "thermal event", to give one example).

5.10 Public safety campaigns, such as the Government’s Fire Kills campaign, also play a crucial role in promoting awareness of lithium-ion battery fires. These campaigns require long-term, sustainable funding.

5.11 Regulations requiring producers and importers of tobacco and vaping products to collect information about their products’ impacts on human health and safety and, if necessary, mandate product recall (Clause 100) are positive. We recommend that the definition of "human health and safety" in this clause is not limited to the impacts of smoking an vaping on individuals’ health (e.g., cancer) and encompasses the fire safety risks from tobacco and vaping products.

5.12 In addition to the well-established concerns around the fire risks from smoking, NFCC also has longstanding concerns around sub-standard electrical products, often purchased through online marketplaces, that fail to meet UK product safety regulations, including vapes. These sub-standard products pose an increased fire risk.

5.13 NFCC welcomes the ban on single use vapes, which have a significant environmental impact and pose a fire risk in the waste disposal industry, but these restrictions could drive people to source alternative cheaper rechargeable vapes with a higher energy output. This could result in a greater number of house fires caused by potentially unsafe rechargeable vapes being charged at home – both illicit products that do not meet safety standards and more people using legal rechargeable vaping products unsafely.

5.14 It is crucial that restrictions on single use vapes are accompanied by a considered approach to fire safety through the introduction of robust product safety standards for the rechargeable vape industry . This will ensure that any supply void is not filled by cheap unregulated products from the global marketplace.

5.15 F urthermore, NF CC have longstanding concerns around the fire risks posed by vapes entering the waste disposal industry, especially in large quantities as is the case with single-use vapes. Vapes can ignite when crushed in a refuse vehicle or at waste disposal centres. Fires at waste processing centres require a large mobilisation of FRS resources over a protracted period of time and can potentially cause significant environmental damage, impacting air and water quality in particular. These fires also cause significant problems in communities through backlogs to waste disposal if a waste centre is not operational due to fire. NFCC’s national operational guidance on fires in waste sites notes that UK FRSs attend around 300 significant fires in waste sites each year.

5.16 Research undertaken by Eunomia on behalf of the Environmental Services Association (ESA) in 2021 estimated that around 48% of waste fires can be attributed to lithium-ion batteries. Eunomia estimated that the total annual cost to the UK of waste fires caused by lithium-ion batteries is £158 million. [5]  

5.17 Research by Zurich Municipal has found that fires in waste disposal vehicles have increased by 62% in 2021–23.

5.18 Research undertaken by Material Focus revealed that across the UK in 2022 there were more than 700 fires in waste disposal vehicles and recycling centres caused by electrical batteries including the lithium-ion batteries commonly used in single vapes. Local authorities are reporting battery fires as an increasing problem which comes at a cost to taxpayers. Several councils have passed motions calling for a ban on single use vapes.

5.19 In response to increased reports of fires caused by batteries and electricals containing batteries in waste, NFCC worked with Material Focus to develop a new Stop Battery Fires campaign to raise awareness of how householders can safely recycle their batteries and electricals. However, in our view, stronger regulatory measures will be necessary alongside public awareness campaigns to mitigate the fire safety risks of lithium-ion battery disposal.

5.20 NFCC responded to the Department for Environment, Food & Rural Affairs consultation seeking views on reforms to the Waste Electrical and Electronic Equipment (WEEE) Regulations 2013 , which included a proposal to create a new category for vapes in the WEEE Regulations 2013. NFCC stressed that further work is required to understand how vapes will be safely collected and recycled. For example, there will be a high fire risk relating to multiple vapes being stored in a storage container awaiting collection. There will also be fire risks associated with the transport of large quantities of end-of-life vapes, which will need to be considered.

5.21 Vapes are only one of many household products which contain lithium-ion batteries. Therefore, consideration may need to be given to creating a separate category (and developing of a separate WEEE disposal regime) for all products containing lithium-ion batteries.

6. Advertising and Sponsorship (Part 6)

6.1 NFCC welcomes the Government’s move to restrict the advertising and sponsorship of tobacco and vaping products through a UK-wide ban on advertising and sponsorship of tobacco products, herbal smoking, cigarette papers, vaping and nicotine products (Part 6). This will have a positive impact on the health and well-being of communities by reducing smoking prevalence and youth vaping, as well as the fire risks around smoking and vaping. Vaping products are marketed at and appealing to children, and efforts to limit this will improve the health of young people.

7. Smoke-Free Places (Part 7)

7.1 As detailed above, the lithium-ion battery products found in vapes pose a fire risk. Expanding powers to designate places as vape free where they are already designated smoke free (Clauses 139, 144, 150, 155) will therefore reduce fire risk in public spaces. This is particularly important for enclosed public spaces where lithium-ion battery fires can cause significant damage through explosion and block evacuation routes and on public transport. Aligning rules around vaping in public spaces and on public transport to those of tobacco will reduce fire risk.

7.2 Smoke-free spaces reduce the visibility of smoking for children and young people in certain areas, e.g., parks, playgrounds or near schools, and encourage attempts to quit smoking by limiting the spaces in which smoking is acceptable. This rationale is applicable to vaping. Vape-free spaces will also limit the anti-social elements of vaping. Furthermore, many organisations already include vaping in their smokefree policies (e.g., in workplaces) as it is difficult to distinguish between smoke and vapour from a distance and therefore to enforce separately.

8. NFCC Responses to Consultations on Tobacco and Vaping

8.1 Please find below links to NFCC’s responses to relevant public consultations.

8.2 Smarter Regulation: UK Product Safety Review (October 2023). A consultation on the Government’s long-term approach to product safety and the regulatory framework. 

8.3 Consultation on C reating a S mokefree G eneration and T ackling Y outh V aping  (December 2023). A consultation on the proposed actions the UK Government and devolved administrations will take to tackle smoking and youth vaping.

8.4 Draft Environmental Protection ( Single - use Vapes) (Scotland) Regulations 2024: C onsultation (March 2024). Views sought on proposals to ban single use vapes in Scotland.

8.5 The Environmental Protection ( Single - use Vapes) (England) Regulations 2024 D raft SI (March 2024). Draft version of the statutory instrument to ban the sale and supply of single use vapes in England.

8.6 Vaping Product Duty (May 2024). Views sought on proposals for the design and implementation of a new UK-wide Vaping Products Duty.

8.7 Implementing the P rohibition o n the S ale and S upply of S ingle-use V apes in Scotland (May 2024). Views sought on how to implement the Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024.

8.8 Consultation on R eforms to the Waste Electrical and Electronic Equipment (WEEE) Regulations 2013 (March 2024). This consultation included a proposal to create a new category for vapes. This included a proposal to create a new category for vapes in the WEEE Regulations 2013. However, further work is required to understand how vapes will be safely collected and recycled. For example, there will be high fire risks related to multiple vapes being stored in a storage container awaiting collection. There will also be fire risks associated with the transport of large quantities of end-of-life vapes, which will need to be considered.

8.9 Common Charger for Electrical Devices: Call for Evidence (December 2024). Views sought on the introduction across the UK of a common charger for mobile phones and other portable electrical and electronic devices.

8.10 Vaping Product Duty Technical Consultation (December 2024). Views sought on proposals for duty stamps on vaping products, and possible controls on the supply of nicotine.

January 2025.