As part of the UK Government’s attempts to create a smokefree generation and tackle youth vaping, they intend to bring in new regulations that will restrict certain vape flavours which are seen to be particularly appealing to younger vapers. Although the scope of these restrictions is yet to be confirmed, and is subject to further consultation, the Government have made it clear that we should expect to see changes to the variety of flavours available on the vaping market in the coming years.

While we can appreciate the Government’s ambition and are also committed to tackling youth vaping, there are several important risks to consider around banning vape flavours, such as the ways it might deter smokers from making the switch to vaping or encourage a rise in illicit alternatives.

What is the Tobacco and Vapes Bill?

The Tobacco and Vapes Bill was introduced to Parliament on 20 March 2024, which includes the introduction of the generational tobacco ban and seeks new powers to restrict vape flavours, packaging, and how and where vapes are displayed in shops. The bill will also bolster enforcement agencies by allowing for on the spot fines of £100 to retailers who are caught selling tobacco and vaping products to minors.

The aim of this bill is to protect young people from the harms of tobacco, and to tackle the rise in youth vaping, and comes following the call for evidence and consultation held last year.

This is the first step in the formal process before any new regulations and restrictions on vaping can come into force, which includes consultations and debates, meaning there is still time and opportunity for these restrictions to be considered and amendments to be made to find the best balance between protecting children and aiding adult smokers.

The Tobacco and Vapes Bill got its second reading in the House of Commons on 16 April 2024, which offered the first opportunity for MPs to debate the main principles of the Bill. Following the debate there was a vote to decide if the Bill will continue to the committee stage, at which point amendments can be tabled and further debates on the individual clauses can take place. The vote following the second reading passed by 383 to 67, although 106 Tory MPs chose not to cast their vote.

The committee stage is due to commence in late April 2024, and is the stage at which the Bill will be shaped into its final form by proposed amendments to the content. At this stage we do not know what amendments will be tabled, however an article from The Guardian suggests that a push for a vape licensing scheme and a change in age for the generational tobacco ban are expected. We would also anticipate that the details around which vape flavours will be restricted will be hotly debated, as one of the more controversial subjects within the vaping content of the Bill.

There are certainly parts of the Tobacco and Vaping Bill which we welcome, such as the increased power to enforcement officers and the introduction of on-the-spot fines for those retailers caught selling to minors. However, other aspects like the possible restriction of vape flavours and the extent to which the Bill aims to dictate the packaging for vaping products feel like an overreach which could negatively impact adult smokers and vapers. To ensure that the Bill proportionately considers the needs to those adults who are using vapes to help them remain smokefree or reduce their tobacco intake, we are lobbying MPs to ensure that any vaping measures within the Bill are subject to the proper assessment and consultation during the committee stage.

Could the proposed regulations be a step too far?

While there are aspects of this bill that we are pleased to see being introduced, such as the additional powers to enforcement agencies, others, like flavour restrictions, raise concerns about the affects this could have on smoking rates. We are disappointed to see the extent to which the Government is seeking to regulate vaping products in the Bill, which includes powers to not only regulate on packaging, flavours and displays, but also to regulate the size and shape of vaping products, any markings like branding and trademarks, as well as other features that help to distinguish between different brands.

These regulations go far beyond what is needed to ensure they are not disproportionately appealing to minors, and further than the public was lead to believe. Should these regulations come to pass it could give the Government the power to dictate so many aspects of the size, design, and appearance of vape products that they could effectively make them indistinguishable between brands, a step that feels wholly unnecessary.

Marcus Saxton, Chairman of the Independent British Vape Trade Association, comments:

“Excessive restrictions on the types of products that our members can provide may reduce the products’ appeal, but even worse, may contribute to continued misperceptions about the harm of vaping relative to tobacco smoking. Specifically, the role of flavours in supporting adult smokers to a successful quit attempt is extensive and widespread, and therefore any reference to potential powers to permit future legislation around their use is extremely worrying, and threatening to the Government’s own goals of becoming smoke free by 2030”

Andrej Kuttruf, CEO and Founder of Evapo, explains:

“Our main concern is that some of the regulations being suggested could be a step too far, and may actually work to deter current smokers from making the switch to a less harmful alternative by making vaping appear to be as harmful as smoking, or simply by making it an unappealing alternative.

“Many smoking cessation experts and health charities shared extensive evidence and scientific research about the benefits of vaping for smoking cessation in the consultation last year, and the role that vape flavours play in this, including Action on Smoking and Health and the Royal College of Physicians. The continued pursuit of what could be extremely restrictive regulations suggests that these responses were not considered by Government officials as seriously as we would have hoped.”

The evidence from other countries where similar restrictions have been introduced shows that they can backfire, fuelling the flames of the illicit market by flooding it with non-compliant and possibly dangerous products. These products are not only potentially harmful, but the irresponsible retailers willing to sell illicit products are the same ones who are not likely to adhere to age verification.

These proposed new vaping restrictions, in combination with the upcoming ban on the sale of disposable vapes, and the recently announced Vaping Products Duty which will increase the price of vape liquids by up to £3 per 10ml, come together to create too much restriction on a product that has the potential to make a real impact on declining smoking rates.

The concern is that if the Government cannot enforce the regulations currently in place effectively, which already restrict the sale of vaping products to those over the age of 18, how will they enforce these additional, more complex ones.

Government responds to petition against vape flavour bans

On 14 February the petition ‘Don’t ban flavoured e-liquids for e-cigarettes’ was started and quickly gained traction, with thousands of people signing to show their support. Once a petition has reached 10,000 signatures the Government will respond to it, and this petition hit the 10,000 signatures mark within two days of going live.

The Government have now responded and unfortunately it confirms that flavour bans are on the table as something we are going to see in the future, with the first line of the response reading ‘to address the rise in youth vaping, vape flavours that appeal to children will be restricted’. Although they do go on to state that further consultation will take place to ensure that any regulations are mindful of how vape flavours can help support adult smokers as they quit.

While the proposed disposable vape ban will be imposed under existing legislation using the Environmental Protection Act, the Government does not currently have the powers needed to introduce regulations on vaping products. The response explains that although these powers will be introduced, any regulations will be carefully measured to ensure that unintended consequences are minimised:

‘The Government is, therefore, legislating to take powers to restrict the range of vape flavours and how they are described in the future. This will sit alongside a range of measures to reduce illicit underage vaping, including restricting vape packaging and where vapes can be displayed within a shop. The collective aim of these measures is to reduce the appeal and accessibility of vapes to children, whilst ensuring that vapes remain an option for adult smokers looking to quit.

Future restrictions on vape flavours will be subject to further analysis and consultation before any regulations are laid in Parliament for debate. To avoid unintended consequences on smoking rates, the scope of these restrictions will be carefully considered and weighed against evidence.’

Which flavours might be targeted by a ban?

The Government’s consultation – ‘Creating a smokefree generation and tackling youth vaping’  – included questions around restricting vape flavours. When asked whether the UK Government and devolved administrations should restrict vape flavours, 47% of respondents agreed, 51% disagreed, 2% said they don’t know.

For those who agreed, there was a focus on sweet and fruit flavours that may be attractive to children or non-smokers. They reported a concern around the risk of children becoming addicted to nicotine and cited the importance of smells being influential. The respondents who disagreed raised concerns around the ways flavour restrictions might impact smoking cessation and cited concerns that restricting vape flavours may be a government overreach.

The consultation outcome also gives an indication of the kind of flavours the Government are considering restrictions for. It asked which proposal would be most effective from the following options: Option A: flavours limited to tobacco only, Option B: flavours limited to tobacco, mint and menthol only, Option C: flavours limited to tobacco, mint, menthol and fruits only. The majority of respondents, 42.6%, selected option C.

Government bans would be focused on flavours ‘appealing to children’, which would primarily include sweet and fruity flavours. In their response to the petition against flavour bans, the Government states that 60% of minors who vape choose fruit flavours, with 17% choosing sweet flavours, and 4.8% choosing energy or soft drink flavours. This gives us an indication of the kinds of flavours that may be restricted, however, they do also specify that the way a flavour is named and described also plays a role in how appealing they are to minors.

Government assessment finds flavour bans could put over 1 in 10 ex-smokers at risk of relapse

The potential consequences of the proposed vape flavour bans in Rishi Sunak’s Tobacco and Vapes Bill have been highlighted in the Government’s own impact assessment, with research from Bristol University revealing that flavour restrictions could drive 13% of current vapers to return to smoking.

Under the legislation proposed within the Bill, any flavours that could be seen as appealing to children could be restricted, including sweet and fruity flavours which are also popular among adult users. Research from a number of sources indicates that restricting the flavours available could have a significant impact on the appeal of vapes for current and potential users, which could have a knock-on effect on smoking rates.

While the impact assessment attempts to minimise this by explaining that 'it was estimated that 13 per cent of ex-smokers vape and 13 per cent of these ex-smokers would relapse if flavours were not available', this does not account for the many current smokers who could also be deterred from making a stop smoking attempt in future using an e-cigarette should these flavours be restricted. It also fails to recognise that no matter how many people could be affected, any action that could cause ex-smokers to return to smoking is something that should be avoided in the interest of public health.

While certain e-liquid flavours may have a side effect of being tempting for younger people, they have been formulated to be pleasant for vapers who are looking for a way to stop smoking. Banning these flavours could have far larger consequences than initially intended. 

Flavour bans could stop smokers from quitting

The Independent British Vape Trade Association (IBVTA) – the leading independent trade association for the UK vaping industry commissioned a member survey of 2,000 adults from January 2024. The research showed that if single use vapes and flavours were banned, 38% of regular smokers and recent ex-smokers that have used vaping to reduce or fully quit smoking would either smoke more cigarettes, switch back to smoking or purchase illegal vapes. This represents 1 million adult smokers and recent ex-smokers (as in, those who quit less than 5 years ago).

These findings are backed up by the scientific study, The role of flavours in vaping initiation and satisfaction among U.S. adults. This paper found that 62.9% of vapers typically used flavours other than tobacco (including fruit, mint/menthol, sweet, candy, coffee and other), 24.2% typically used tobacco flavours while 12.9% typically used non-flavoured options. The vapers who used flavours were more likely to report high satisfaction with vaping.

In fact, a survey conducted among our customers revealed that 83% of the 1,134 participants prefer to vape non-tobacco or menthol flavours, like fruit and dessert flavours, and 81% of them believe that flavour restrictions would have a negative impact on smokers making the switch to vaping.

Research from the University of Rochester Medical Center (URMC) on the other hand,  found that following the 2020 flavour ban by the US Food and Drug Administration, vapers did not quit vaping. While some were driven back to smoking, with 14 per cent switching to combustible products such as cigarettes and five percent switched to smokeless tobacco products, most switched to menthol flavoured vapes. On February 14 a petition was launched calling on the Government to reconsider proposals for a ban on flavoured e-liquids. The Government have now responded as the vape flavour ban petition has received over 10,000 signatures, with over 45,000 signatures so far. Should it reach 100,000 signatures, it will be considered for debate in Parliament. The petition will run until August 2024.

Tougher sanctions around selling vapes to underage users needed

One of the best ways to tackle problems arising from underage vaping is to make it more difficult for young people to get hold of items they should not be purchasing. At Evapo, we are committed to facing the problem of youth vaping head on and believe that a blanket ban of flavours is not the most effective solution.

We have laid out a series of proposals to prevent youth vaping and the introduction of tougher sanctions for retailers who sell to underage vapers is a key element. We advocate for substantial fines, such as £10,000 on-the-spot penalties for retailers caught selling to under 18s, as a way to significantly deter illegal sales.

Flavour bans could lead to a boom in the illicit market

In addition to the fact that flavour bans may deter smokers from making the switch, there’s also the risk that taking certain flavours off the market will result in a rise in illegal trading. Illicit market or counterfeit vapes are already a serious health concern, as they do not follow the strict and sensible regulations that guide the manufacture of vapes and e-liquids.

If consumers find that the flavours that they like most are no longer available from reputable vendors, they may look elsewhere and run up against the dangers of using unregulated products. A US study on flavour bans found that most respondents continued to use e-cigarettes with banned flavours post-ban. Many vapers were able to obtain banned flavours from legal routes, due to the laxity of the bans, but a significant proportion sought them out online or from illegal sellers.

Timeline: government communication around vaping bans

12 October 2023 – The Government consultation ‘Creating a smokefree generation and tackling youth vaping’ is opened and responses from the general public invited.

7 November 2023 - The intention for the Government to introduce a 'Tobacco & Vapes Bill' is announced in the King's speech.

6 December 2023 – The Government’s consultation is closed. The responses are collated and an outcome prepared.

28 January 2024 – Prime Minister Rishi Sunak announced government plans to introduce a variety of measures to tackle youth vaping, including potential flavour bans.

29 January 2024 – ‘Creating a smokefree generation and tackling youth vaping consultation: government response’ is released, outlining how the Government intend to proceed

14 February 2024 - A petition is launched titled ‘Don’t ban flavoured e-liquids for e-cigarettes’. If it reaches 100,000, the Government will be consider it for Parliamentary debate.

13 March 2024 – The Government responds to the petition against vape flavour bans.

20 March 2024 - The Tobacco and Vapes Bill is introduced to Parliament, seeking new powers to regulate vaping products, including restricting vape flavours.

16 April 2024 - The Tobacco and Vapes Bill got its second reading in the House of Commons allowing MPs to debate on the main propositions within the bill. The Bill was voted through to the next phase.

Late April 2024 - The Bill will enter the committee stage, allowing for amendments to be tabled and further debate to take place on the finer details of the Bill.

June 2024 - It is expected that, should the Bill pass the committee stage, the final vote will take place in June 2024.

1 April 2025 - The proposed date the Government intends any vape flavour regulations to be brought into force, to align with the introduction of the potential disposable vape ban.

When will vape flavours be banned?

There are a number of steps that must be taken before vape flavour restrictions could be brought to pass, including public consultations which offer us an opportunity to help shape future regulations.

In order to implement any regulations on vape flavours the Government first intend to allow themselves new powers to regulate, this will require primary legislation to be put in place. This is because, unless the Government have given themselves the power to regulate something, they cannot implement any regulations.

This primary legislation will come in the form of the ‘Tobacco and Vapes Bill’, which will allow for the regulation of vape flavours, packaging, and point of sale displays. It will also allow them to enact the generational smoking ban and bolster enforcement powers to Trading Standards.

This bill was introduced to Parliament on 20 March 2024, and has had its second reading in the House of Commons, which saw it be voted through to the committee stage. The committee stage is where amendments can be tabled by both parties, whether amendments are proposed and debated will dictate how long the process will take but it is expected that the final vote will take place in June 2024.

Should the bill successfully pass the Government have revealed that they intend for any restrictions to closely align with the disposable vapes ban which is intended to come into force in 2025.

When it comes to the devolved nations, Wales will be legislated through the UK Parliament, while Scotland will likely use a legislative consent motion to allow the UK Government to legislate on their behalf. There is still clarification needed on how and when Northern Ireland will move forward with this.

What does it mean for the UKs vapers?

While we don’t yet know whether the Government will choose to ban or restrict specific flavours, it is clearly a proposal in serious consideration.

Research carried out by Opinium and commissioned by an IBVTA member spotlights a strong belief that excessive vaping regulations and restrictions such as flavour bans could actually prevent adult smokers from choosing to make the switch to an e-cigarette. In fact, 59% of vapers report that vape flavours helped them quit smoking and 39% of those who used an e-cigarette to help them quit smoking used fruit flavours to do it. Vapers who do not support a flavour ban and who would like to add their voice are encouraged to sign the petition: Don’t ban flavoured e-liquids for e-cigarettes.

Evapo reaction to the proposed flavour ban

Evapo founder & CEO and UK Vaping Industry Association (UKVIA) board member, Andrej Kuttruf, recently took part in an interview with GB News about the Tobacco and Vapes Bill. He highlighted fears that the Government hope to bring in many new bans and regulations that they may not be able to enforce, explaining:

“Vaping products are already banned for the underage, yet kids are getting hold of these products. So, what we don’t need now is more bans, more restrictions, if the Government can’t even enforce its existing laws. The black market has been allowed to flourish, so what we really need is to prosecute these criminals and to introduce harsh fines.”

Some of the proposed restrictions within the Bill, like the restriction of vape flavours, could have the adverse effect of making vaping a less appealing alternative to smoking for adults. Research from the Government’s own impact assessment has found that over one in ten current vapers are at risk of relapsing back into smoking if their preferred flavours are no longer available, which is surely something that should be avoided at all costs. Andrej explains:

‘If the Government want to achieve Smokefree 2030 for this country it needs to embrace vaping as part of the solution. The UK has now achieve one of the lowest smoking rates in Europe, thanks to a very pro-vaping stance in the past.”

He expressed the fears that are being voiced by many, that vaping is being bundled in with smoking by creating a combined Bill to address both:

‘It should not really be one shared bill, because vaping is really the solution to smoking. The Office for Health Improvement and Disparities is clear that vaping is at least 95% less harmful than smoking, it’s twice as effective as other ways to quit… The message to smokers should be that the best thing they can do for their health to quit smoking completely or to switch to vaping. I think the Government is confusing the issue.’

As a vaping retailer we see first-hand the important role that vape flavours play in helping adult smokers make the switch to a less harmful alternative. Quitting smoking is not easy, and so having an alternative option that is not only effective and accessible, but also enjoyable, makes all the difference. We fully support the Government’s ambition to tackle youth vaping, but want to find a solution which also protects those adults who rely on vaping as a way to help them remain smokefree. For this reason we will continue to lobby MPs to ensure that any regulations brought in should the Tobacco and Vapes Bill pass are proportionate and subject to the appropriate assessment and consultation.

You can watch Andrej Kuttruf’s full interview in the video below.

Sources

Gov.uk 12/02/2024

Ibvta.org.uk 26/01/2024

Ncbi.nlm.nih.gov 02/08/2019

Urmc.rochester.edu 03/11/2022

gov.uk 07/11/2023

Petition.parliament.uk 14/02/2024

Ncbi.nlm.nih.gov 21/05/2023

gov.uk 15/04/2024

theguardian.com 04/2024

gov.uk 20/03/2024

medrxiv.org 21/03/2023

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