The government said on Tuesday it would close a loophole that lets retailers give free samples of vapes to children in a clampdown on e-cigarettes, whose colourful designs and fruity flavours make them stand out on grocery store shelves.
“I am deeply concerned about the sharp rise in kids vaping and shocked by reports of illicit vapes containing lead getting into the hands of school children,” Prime Minister Rishi Sunak said in the statement released by the health department, referring to a BBC report last week.
“Our new illicit vape enforcement squad – backed by £3 million – is on the case, but clearly there is more to do. That is why I am taking further action today to clamp down on rogue firms who unlawfully target our children with these products.
“The marketing and the illegal sales of vapes to children is completely unacceptable.”
The statement cited a 2023 survey by public health charity Action on Smoking and Health (ASH) of 11-17 year olds in which 2 out of 5 young people said they smoke vapes just to try it, while 1 in 5 said they do it due to peer pressure.
"We should continue to encourage smokers to swap to vaping as the lesser risk, whilst preventing the marketing and sale of vapes to children," England's Chief Medical Officer Professor Chris Whitty said in the statement.
The government said it would also review the rules on issuing fines to shops selling vapes to under 18s to allow local authorities to issue on-the-spot fines and fixed penalty notices more easily. The government has also announced a review into banning retailers selling ‘nicotine-free’ vapes to under-18s.
Industry representatives have welcomed the measures
“Selling products to under 18s has been illegal for some years now, as have proxy sales. Those who ignore the law bring reputable retailers who uphold strict age verification protocols into disrepute. We welcome the planned review on bringing nicotine free products under existing rules and we look forward to continuing to support enforcement agencies in tackling illicit trade and illegal products,” Gillian Golden, chief executive of the Independent British Vape Trade Association, said.
“The loophole allowing free samples to be distributed regardless of consumer age is a gap that no self-respecting business should ever have considered exploiting. The IBVTA applauds the announcement that such activity will soon be illegal.”
Joe Murillo, chief regulatory officer of Juul Labs, said: “We welcome the steps the UK government has outlined today to combat youth vaping.
“Vapes have a role to play in helping adult smokers transition away from cigarettes, but more needs to be done to combat underage use of these products.
“We believe that government, regulators, and industry can collectively take action to reduce the access and appeal of vaping to those underage, including by restricting the sale and marketing of vapes to this group.”
The new plans follow the announcement last month of £3 million of funding which has been provided to create a specialised ‘illicit vapes enforcement squad’ to implement the rules on vaping and tackle illicit vapes and underage sales. The squad – which will work with enforcement agencies and learn from the government’s work with Trading Standards on illicit tobacco – will also tackle online shops selling illicit vapes to under 18s.
The government added that the Call for Evidence on youth vaping launched last month will build on today’s action by looking at evidence into the appeal of vapes as well as the marketing and promotion of vapes, including on social media, to identify opportunities to reduce the number of children accessing and using vape products – and explore where government can go further. This will remain open for submissions until 6 June.
