Tobacco & Vapes Bill passes through the Commons

The Tobacco & Vapes Bill passed through the House of Commons yesterday, drawing criticism from retailers for a failure to address the illicit tobacco trade and instead punishing “law abiding retailers”.

The latest reading passed with a vote of 366 to 41, and is now set for debate in the House of Lords on 23 April. Reaction from across the industry reflected support for measures including the proposed retailer licensing scheme, but the upcoming display ban was criticised by retailers and industry bodies for potentially harming efforts to quit smoking.

A group of retailers yesterday published an open letter voicing concerns over the impact the Bill could have on local shops, at a time when measures including a rise in employers’ National Insurance payments and minimum wage were confirmed in the government’s spring statement.

“The Tobacco and Vapes Bill proposes stringent restrictions on how we can advertise and display tobacco and vaping products. These products account for a significant portion of our sales, and limiting our ability to communicate with adult consumers around safer nicotine products than cigarettes have a direct and damaging impact on our revenue,” the letter said.

“While we understand and support efforts to curb youth access to these products, we believe that overly restrictive advertising rules will only serve to hurt law-abiding small businesses, while illicit trade and unregulated markets continue to flourish,” it continued.

The letter was signed by Atul Sodha, Londis of Harefield, Kay Patel of Global Food & Wine and Best-one, London, Natalie Lightfoot of Londis Solo, Glasgow, Neil Godhania of Nisa and Premier, Peterborough, Avtar Sidhu of Budgens, Kenilworth, Dee Sedani of One Stops in Matlock and Stoke, and Pinda Cheema of Costcutter, Coventry.

Retailer claims Tobacco and Vapes Bill protects big business while hurting convenience stores

Vape restrictions endanger anti-smoking efforts

Support for the retailer licensing scheme came from campaign group We Vape, whose founder, Mark Oates, said the scheme would “tackle rogue traders and stop children from vaping”. While Oates said he “welcomes some aspects of it, like a licensing scheme, banning advertising and increasing taxes on vapes deters smokers from making the switch.” He added that the bill “risks inadvertently weakening the decline of smoking” by putting restrictions on vapes as a useful quitting tool.

“The anti-vaping messaging we have seen now means 57% of the country’s 6million smokers think vaping is as bad for them as cigarettes. This is a disaster worsened by an advertising ban that stops retailers from telling smokers there is a far less harmful way to consume nicotine through vaping,” Oates said.

Action on Smoking and Health (ASH) chief executive, Hazel Cheeseman, disagreed, telling Better Retailing: “The powers to further regulate vapes and other nicotine products are entirely appropriate given the addictive nature of nicotine and the increase in vaping among teenagers. However, government is clear that they support vapes as a quitting tool and have recommitted to the ‘swap to stop’ scheme which provides smoker’s trying to quit with free vape starter kits”.

She added that “it is likely that retail licensing of vapes and other nicotine products, alongside planned advertising and point of sale restrictions, will reduce the number of places that sell vapes”.

A close look at the restrictions in the new Tobacco and Vapes Bill

Despite retailer opposition to vape display bans, Cheeseman told Better Retailing: “Retail licensing for tobacco is incredibly popular with both the public and retailers as a sensible measure for a lethal, addictive, age-restricted product. Trading standards back the measure as it will aid their ability to enforce the law both through swift penalties but also in communicating the law and preventing inadvertent breaches”.

Meanwhile, tobacco manufacturers came out against the progression of the Bill. Elfbar, while supporting “measures like a vape tax, retail licensing system and vending machine ban”, said the legislation risks pointing consumers back towards single-use vapes or tobacco.

“New research shows two million UK vapers (35%) would resort to illegal single-use vapes, return to smoking, or smoke more if overly restrictive regulations are imposed on flavours, display and packaging alongside the upcoming single-use ban in June,” Elfbar said.

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