Is the Tobacco and Vapes Bill a Good Idea?

The 16th April 2024 saw the second reading of the Tobacco and Vapes Bill in Parliament. While the opening Speech from the Rt. Hon Victoria Atkins MP, Secretary of State for Health and Social Care, began with an understandable emphasis on the devastating effects of smoking, discussions soon meandered into a murky marshland of inaccuracies - taking vaping with it[i].

Discover what was discussed during the second reading of the Bill and our thoughts on what was said.

What is the Tobacco and Vapes Bill?

The Tobacco and Vapes Bill is separate from other measures associated with vaping, including the ban on disposable vapes from April 2025, and the proposed excise duty on vaping products from October 2026.

The Bill proposes:

On the surface, the emphasis for the Tobacco and Vapes Bill, appears to be directed to creating a smoke-free England (and eventually, a smoke-free UK).[ii] However, by placing vapes in the same group as cigarettes, the Government seems set potentially to unravel all the good work vapes have done to help adults quit smoking. It's apparent that many of the statements made during the second reading were written with minimal thought to the consequences for adult ex-smokers. As a reputable vaping company that has seen first-hand the benefits of switching from cigarettes to vapes, we find it difficult to see how the Government might treat cigarettes and vapes as, essentially, one and the same.

Concerning Comments During the Second Reading

During the second reading, some comments raised a few eyebrows here at Totally Wicked. The first was from the opening speaker, the Rt. Hon Victoria Atkins, when she declared that "vapes are cynically marketed towards children". We respectfully disagree, and assert that our vaping products are designed for adults who wish to switch from smoking.

We were surprised when the Secretary of State for Health and Social Care did, at one point, throw some crumbs to the vaping industry from her burgeoning table of convoluted rhetoric. In this case, it was when she stated that vapes can be really helpful in assisting adult smokers. Yet, even this throw away comment was swept away again when Atkins lumped in vaping with smoking as being life-threatening.

The importance of vape flavours

The second notable comment of concern was from Dr Caroline Johnson, Conservative MP for Sleaford and North Hykeham, who wished to share some "insider" information she said she had garnered from discussion with certain members of the vaping industry. During these discussions, Dr. Johnson said that she was told by the vaping industry that if:

"We give them cherry cola flavoured vapes, they go from smoking to vaping cherry cola to vaping mango...They remain one of our customers and continue to use one of our products." [iii]

This is an extremely cynical view, which fails to take into account the fact that access to a variety of vape flavours can actually help prevent ex-smokers returning to their hazardous habit. In our own recently conducted survey, we asked if vape flavours were banned, what alternatives would you use? 17% of respondents believe they would return to smoking and 53% just don't know what they would do. So, with over half of respondents being left bewildered and unsure about what to do should a ban be implemented and many others returning to smoking, a vape flavour ban seems like an incredibly bad idea.

Our View on the Tobacco and Vapes Bill

Totally Wicked’s CEO, Marcus Saxton had this to say on the Tobacco and Vapes Bill second reading:

"Putting to one side any broader debate around whether this is a typically Conservative policy or not, which would see a reduction in peoples freedoms, many of us, including Totally Wicked, applaud any policy which will see uniquely dangerous combustible tobacco products being eradicated from the UK. Certainly, any attempt to 'stop the start' by preventing children from accessing cigarettes, must be a good thing. However, it is important to note that being dragged along with these proposals on combustible tobacco is something very different – vapes. Totally Wicked, like many vaping businesses, was founded by a 20-a-day smoker, Jason Cropper, who back in 2008 found the early versions of some products that were transformative in his pursuit to give up cigarette smoking; e-cigarettes.

Put simply, 'the cause' of billions of pounds of NHS expenditure, and so very much death and disease each year is being lumped together with what has been proven to be a transformative escape route for millions of smokers, some 15 years on from Jasons early experience. This is why Totally Wicked, in conjunction with the Independent British Vape Trade Association and many other businesses, and representatives from industry are so forthright in our view that the government must think very carefully around how we can carefully reach the aligned goals of:

A/ Continuing the very proud and material role that vaping has played in supporting adult smokers

whilst

B/ Ensuring that these transformative products do not get in the hands of under 18's and others that would not otherwise be smoking.

However, this is a complex area, and on the face of the current Tobacco and Vapes Bill there are some very broad and far-ranging powers that the government are seeking, which subject to future regulation would potential have significant unintended consequences to these 2 objectives. Notably the powers to:

• Restrict Flavours, Flavour descriptors, and/or ingredients

• Restrict Packaging from plain packaging to limited on-pack communication/branding

• Restrict where these products can be sold within shops

To reiterate, Totally Wicked is appalled by the growth in vaping by under 18's, whose access to vapes is already illegal today. As many of you will know, TW works tirelessly with our staff, systems and processes to ensure that our age verification protocols are robust. Yet, we are materially concerned that without much deeper consultation by the Government around these proposed powers, and future regulation, they could literally throw baby out with the bathwater! It is important to note that alongside this Tobacco & Vapes Bill, which will go through further 'readings' in Parliament and the House of Lords, there is already a parallel piece of legislation around the ban on single use devices which is likely to come into effect in April 2025. As a result, it's critical that we see the single use ban, which will bar the products that have been most attractive to under 18's, come into effect, swiftly, and effectively. This must play out before seeking further powers on a broader set of measures such as flavours, which for so many of you, have played a materially important role in your own successful quit journey."

References

[i] https://www.gov.uk/government/speeches/tobacco-vapes-bill-second-reading-opening-speech

[ii] https://www.ibvta.org.uk/media-centre/ibvta-responds-to-appg-recommendations/

[iii] https://www.theyworkforyou.com/debates/?id=2024-04-16a.185.0&p=25597#g242.1