Tobacco and Vapes Bill

Supplementary written evidence submitted by NASUWT (TVB85)

NASUWT is The Teachers’ Union and is the voice of the teaching profession.

Our aim is to improve and protect the status, morale and working conditions of the teaching profession so that teachers and head teachers can provide the best education and support to children and young people.

We are committed to ensuring that teachers and head teachers are recognised and rewarded as highly skilled professionals with working conditions that enable them to focus on their core role of leading teaching and learning.

This submission sets out the Union’s views on the key issues identified by the Committee in the terms of reference for the Inquiry.

The NASUWT’s evidence is informed directly by serving teacher and headteacher members and also by the work of its representative committees and consultative structures, made up of practising teachers and school leaders working in the education system.

 INTRODUCTION

1. The NASUWT welcomes the opportunity to contribute to the call for evidence on the Tobacco and Vapes Bill.

2. The union has been highly vocal in calling for greater restrictions on the flavours, packaging and availability of vapes, particularly amongst children and young people. We have strong evidence from NASUWT members that these factors are adding to the appeal of these products.

3. The NASUWT is therefore pleased to see the progression of the Tobacco and Vapes Bill under the new Labour government. We believe there is a significant need for this Bill to provide the required powers for the government to regulate flavours and contents of vapes, the retail packaging and point of sale displays of vapes.

4. The reasons for the importance of these legislative changes are set out in the briefing.

VAPING IN SCHOOLS

5. The impact of vaping on child health, concentration and learning is contributing to a public health emergency and teachers and headteachers have been on the front line dealing with the grave consequences associated with the use of vaping products and the addictions created by them.

6. Teachers have told us vaping use in schools is on the increase and has reached worrying levels. The NASUWT’s Behaviour in Schools Survey launched in January 2025 and has so far received responses from 4,500 members. The survey included a dedicated section exploring the issues of vaping within school and college settings.

7. The survey remained live at the time of this submission; however, looking at a snapshot of the findings, 55% of teachers told us that vaping is an issue in their school or on school premises. Over half (52%) of teachers stated that vaping has increased in schools over the past year – on average, they said the problem has grown by 25%.

8. While most respondents were teachers in secondary schools, some primary teachers reported pupils as young as ten bringing vapes into school.

9. Nearly two-thirds (62%) of teachers described how some pupils repeatedly leave lessons in order to vape, with 17% stating that students vape in the lesson itself. 71% of respondents reported that pupils vape at break times, while 8 in 10 (81%) reported students gather in the toilets to vape throughout the school day.

10. Over a third (39%) reported that some pupils are struggling to concentrate in lessons due to the effects of nicotine.

11. School property is also at risk as a result of students vaping on school premises. 49% of teachers reported damage to school toilets and/or plumbing as pupils flush vapes away. Fires - caused by vapes or vapes not being disposed of properly - have been witnessed by 3% of respondents.

12. There are multiple reports of pupils hiding vapes in ceiling tiles in the toilets, or making holes in the bathroom ceiling to conceal vapes. One respondent described how pupils had broken into locked classrooms and out of bounds areas to vape.

13. There is a common theme throughout the research that vaping has become an accepted part of everyday life, with young people unaware of the risks that are associated with vaping. One survey respondent encapsulates this, telling us "It's [vaping is] increasing and becoming more normalised. Many pupils don't realise the impact it can have on their health. Some corner shops sell it to pupils. Tik Tok promotes its use."

14. Concerningly, there are numerous teachers who responded to the survey who identify the issue of vapes being used to take drugs such as THC and spice.

15. In one example, a teacher reports "THC is finding its way into vapes and therefore into school. This is affecting behaviours as addiction is a real problem. THC is vaped before school and therefore when they ‘come down’ the abuse and threatening behaviour have increased."

16. Over the course of the NASUWT’s ongoing research into vaping, members have told us that marketing is significantly contributing to the issue, as vapes with sweet flavours are designed to appeal to young audiences. Many have reported that the sweet and fruit flavourings lead children to believe that vapes cannot be harmful to their health.

17. Attractive packaging is also identified as an issue, as well as packaging that conceals the true nature of the vape. More than one respondent recalled seeing vapes that were packaged to look like school highlighter pens.

REDUCING THE APPEAL AND AVAILABILITY OF ALL VAPES

18. The NASUWT has called for successive Governments to hold vape manufacturers and retailers to account. Selling vapes to under-18s is illegal, and needs to be tackled robustly. The Tobacco and Vapes Bill is a step in the right direction.

19. Marketing nicotine products to children and young people through the use of sweet flavours and bright packaging must be stopped.

20. Furthermore, the union supports the Royal College of Paediatrics and Child Health (RCPCH) recommendation that the Government should revise the Tobacco and Related Products Regulations (TRPR) for e-cigarettes (vapes) and e-liquids to require plain packaging of e-cigarettes and nicotine and non-nicotine e-liquids packs.

21. We have also called for research around the dangers of vaping alongside better provision for schools to address the risk of vaping within their RHSE lessons.

22. In the survey of NASUWT members, one respondent summarised the general consensus of many of those sharing their views, saying: "More education is needed and government action is required urgently to ban vapes."

SUPPORTING A BAN ON DISPOSABLE VAPES

23. The NASUWT publically stated that the previous Government should follow the evidence and protect all children through an outright ban on the sale of disposable vapes. This is because there is a growing body of evidence, including from members of the NASUWT, that disposable vapes are the device of choice for children and young people. They are low-cost, easy to conceal, and, as the evidence suggests, easy to obtain.

24. Furthermore, as disposable vapes do not require a large financial outlay, NASUWT members have reported that pupils do not feel any loss if and when they are confiscated. They can easily be replaced for a low-sum; something that is not true of more expensive, refillable options.

25. It should also be noted that such a ban would not extend to refillable e-cigarettes which would remain available as an important tobacco-related harm reduction product.

26. The NASUWT is therefore pleased the Labour Government is committed to the ban on the sale and supply of single-use vapes from 1 June 2025.

27. There is a risk that any other solution as opposed to an outright ban on disposable vapes would not be sufficient in addressing usage amongst children that the UK is seeing, as the issue is now so widespread and embedded.

28. The NASUWT sits alongside other organisations in calling for a ban, including the LGA, the RCPCH and the Children’s Commissioner.

TEACHER VOICE

29. As part of the vaping survey, teachers were asked for comments on their experiences of issues around vaping in schools. The comments include:

· "Vaping seems to have become the new 'norm'. We see behaviour changes almost immediately after vaping."

· "It’s corrupting young people."

· "Many of my students who vape confide that they’d like to quit but cannot."

· "Social media is a huge encouragement for vaping."

· "Pupils admit they can buy them in some shops without question."

· "We have an issue with spice vapes. Children have given them to other children and led them to believe it is a regular vape. This has led to cases of overdosing on school site."

· "Students are afraid to use the toilets, to avoid the vapers."

· "I've had young children bringing in their parents’ vapes as 'toys' into school."

· "It’s being targeted at children. It’s the modern day equivalent of smoking and is viewed as ‘cool’ hence why children want to do it. Social media plays a huge part in this."

EXAMINATION OF THE TOBACCO AND VAPES BILL

30. The Tobacco and Vapes Bill is undoubtedly a welcome step in the right direction to address the concerns across society about the impact vaping is having on children’s health. For NASUWT members, this concern includes the impact on students’ ability to learn while affected or distracted by vaping. Furthermore, teachers are reporting the very damaging impact vaping can have on a child’s mental and physical development.

31. There are two areas of the Tobacco and Vapes Bill that the NASUWT believes could be strengthened. Firstly, under Clause 91; Features of Products, we believe there is scope to extend the provisions of the Bill to prohibit vaping and nicotine devices to replicate other everyday items. The reason for this is, as previously mentioned; the union has seen numerous reports from teachers of discovering vapes that are presented as legitimate items including highlighter pens and lip balms.

32. The NASUWT affirms this should be achievable through the legislative requirement for all vapes to look similar in terms of colour, size, and appearance. This would also further reduce the opportunity for manufacturers to present vapes in attractive colours and patterns which are more likely to appeal to children and young people.

33. Additionally, there would be a significant benefit in greater clarity at Clause 92; Content and Flavour, that there is a strict limitation on vape flavour descriptors. Vapes that are labelled as flavours attractive to children – such as Bubblegum, Candy Floss, or Birthday Cake – have no place in true smoking cessation. These need to be banned to help further reduce the appeal of vapes to children and young people.

RISE IN POPULARITY OF SNUS AMONG SCHOOL-AGE CHILDREN

34. The NASUWT welcomes the attention in the Tobacco and Vapes Bill on Snus and tobacco pouches. In our most recent data collection on vaping and other harms, cited throughout this response, 41% of members told us that they are concerned about the pupils they teach misusing Snus within school. This rose to nearly 9 in 10 (87%) when asked about misuse outside of school.

35. This misuse also extends to nicotine pouches, which can be legally purchased in the UK, despite pouches containing tobacco not being permitted for sale. It would seem logical to put tobacco-free and nicotine containing pouches on an equal footing and make them illegal. This is especially important given the rise in children and young people’s unhealthy relationships with these products.

36. There is no credible evidence for allowing these pouches – even though they do not contain nicotine – to remain as a legal product for sale in the UK.

37. The Tobacco and Vapes Bill is an opportunity to introduce this.

January 2025