Proposed bill opens door for complete display ban and plain packaging on vapes

The Tobacco and Vapes Bill, published in its draft form on 20 March, contains all clauses necessary for the strictest possible interpretation of the government’s previously announced vape restriction plans. The Bill follows pledges by Rishi Sunak to limit the display, packaging and flavours on vapes, and make it illegal for anybody born on or after 1 January 2009 to ever be sold tobacco products.

Despite anticipation from brands and retailers to find out the exact terms of the vape restrictions, the Bill instead gives the government the ability to set these at a later point, and lays out wide-reaching new powers to allow this. These include all the required levers needed to enact a complete display ban and plain packaging requirements on vapes that would be identical to similar measures on tobacco products.

For instance, the Bill allows provisions to ban vape packaging that ‘distinguishes between different brands’. On displays in stores it allows provisions to ban the display of vape and other nicotine related products, including a right to also ban the display of vape prices and empty retail packaging, anywhere that can be seen by consumers.

On flavours, no specifics were mentioned. Instead, the Bill allows the government to ban ingredients and also set limits on ingredient quantities.

The generational smoking ban was outlined in greater detail in the Bill, explaining that all stores would need to replace current mandatory tobacco age signage with a notice stating: “It is illegal to sell tobacco products to anyone born on or after 1 January 2009.”

Breaches of the restrictions described above can result in fines, criminal convictions, fixed penalties and restricted premises/sale orders, which ban people or premises found to be repeatedly breaking the law from selling related products for up to one year.

Lack of detail

“Despite the introduction of the Bill today, we are still awaiting detail on how the Government aims to restrict the vaping market, which it is currently running a number of chaotic disconnected workstreams on,” ACS chief executive James Lowman said. “The timescale for the introduction of the disposables ban has been set at April 2025, when retailers will have to restructure their vaping displays and gantries to switch solely to pod systems and rechargeable devices, but the timescale for further restrictions on those gantries is as yet unknown – meaning retailers will have to disrupt their businesses twice in quick succession.”

Lowman continued: “Yet again the government have failed to arm Trading Standards teams with powers to enforce these policies properly. Token £100 fixed penalty notices for failing to adhere to vaping restrictions and the generational ban demonstrate how far off the mark this Government is with its enforcement strategy.

“There is a clear issue with the illicit trade in vaping and tobacco that needs to be addressed, as it is rogue sellers that are supplying dodgy products to anyone who wants them, including children, and operating without fear of reproach from Trading Standards teams that are already stretched beyond their limits. What we need is a coherent strategy focused on enforcing the rules that we already have and providing enforcement teams with enough resources to be able to do their jobs properly. New regulations that only affect responsible retailers will do nothing to deter the criminals that are importing and selling illicit products.”

Rupert Lewis, director of the Tobacco Manufacturer’s Association (TMA), said: “Rishi Sunak’s policy to introduce a phased generational smoking ban will have profound consequences for consumers, retailers and local communities across the UK. As a policy, it is unworkable, illiberal and unenforceable, and risks pushing an even larger share of the UK’s tobacco market underground – with every passing year – into the hands of the organised crime gangs that spread violence and disorder up and down our country.

“In the UK, 18 years of age is when a person becomes an adult and takes responsibility for their actions…a phased generational smoking ban will see retailers having to differentiate between 28-year-olds and 29-year-olds when selling tobacco. This is not common sense.

“According to [a number of trade bodies], UK retailers are facing unprecedented levels of verbal abuse and physical violence, with retail crime reaching epidemic levels. The introduction of a phased generational ban will lead to an escalation in more threatening anti-social behaviour towards retailers, as the weight of responsibility for enforcement will fall entirely on the shoulders of shopkeepers and their staff.

“The New Zealand Government has seen sense and repealed a ‘generational ban’ before it was implemented, and the UK Government would be wise to adopt a similar approach, because the repercussions of introducing a ‘tobacco prohibition law’ will be long-lasting, and felt by communities across the UK for years to come”.