Contribution
My Lords, Amendment 123 is in my name and that of my noble friend Lady Northover. When in Committee my noble friend tabled an amendment to prevent companies advertising vapes in a way that attracted children, the Minister’s response was that this was not necessary because advertising of vapes would be banned under the Bill except for public health purposes as a smoking cessation tool. In that case they would not be allowed to be advertised in a way that attracted children, and our amendment was therefore not necessary.
Having accepted the Minister’s point, we turned our attention to the packaging itself and point of sale display materials, because we know that the companies trying to sell vapes to people who have never smoked before will stop at nothing to hook people into nicotine addiction. That is why we have proposed that vapes must be sold in plain packaging like cigarettes and not displayed with attractive materials at point of sale. A recent UCL study showed that implementing plain packaging for vapes reduced their appeal to young people but did not affect how harmful adults perceive vapes to be compared with cigarettes. In particular, the paper noted that:
“Packaging is a primary marketing tool for vape companies”,
and that
“it is commonplace for brands to also use youth-appealing elements, such as images, cartoon characters, stylised fonts, and novel brand and flavour names on vapes and e-liquid packaging”.
We therefore felt it worth exploring the Government’s plans with regard to consultation and regulations about the packaging and point of sale of vapes. Vapes were on the market for quite a few years before the big uptick in youth vaping around 2021. That coincided with cheap, colourful, ergonomic disposables flooding the market. We need to make vapes a dull cessation tool again. Regulating packaging can and should be done quickly because vapes are being more aggressively marketed, partly through displays in stores. This is having an effect. Action on Smoking and Health’s latest youth vaping survey found that awareness of vaping promotion grew among 11 to 17 year-olds between 2022 and 2025. There was a significant increase in awareness of promotion of vapes over that period, particularly in shops: 37% in 2022 compared with 55% last year.
In 2022, 56% of 11 to 17 year-olds who were aware of vapes reported that they were exposed to some form of vape promotion. In 2022, 11% of young people who were aware of vapes reported seeing vape displays every time or most times they went into supermarkets. Last year that figure had risen to 27%, so there is a pressing need to do something about this. I accept that plain packaging and display rules for tobacco products were implemented, following consultation, through secondary legislation. I therefore ask the Minister what research has been carried out on the potential effect of plain packaging and point of sale for vapes, whether it would deter young people who do not smoke from taking up vaping and whether it has been shown that there would be any deterrent effect on adults who wish to quit by using vapes to help them to do so. Frankly, I would be very surprised if someone who wishes to quit would be deterred from buying a vape just because it was not in a shiny, colourful, attractive package on a shiny, colourful, attractive display, like the ones I currently see all over the place.
I do not support Amendments 125 and 134 tabled by the noble Lord, Lord Moylan. I felt we had a balanced debate in Committee about the role that flavours play in smoking cessation, and I was reassured by the Minister’s comments at that time. Clearly, regulation of flavour descriptors is easier to do and may give us the desired outcomes, meaning that we do not need to regulate flavours themselves. However, it is important that the Government retain the right to regulate flavours in case evidence emerges about particular flavours that require action.
On Amendment 136A tabled by the noble Lord, Lord Udny-Lister, the limit on vape size is currently 2 millilitres, but I know there are concerns regarding products that attach to vapes to increase this. I urge caution in this area. While it might seem likely that larger tanks increase consumption, there is not yet evidence of this being the case, and concerns regarding big-puff products may be unfounded. We need to find out. Indeed, the rise in youth vaping in Britain since 2020 appears to have been primarily driven by 2-millilitre, colourful, single-use vapes, not larger-capacity products. It is possible that larger-volume products could have benefits in satisfying consumer demand for longer-lasting products, reducing littering—which would be a good thing—and increasing the price point of initial purchase without unduly raising the price per puff for those using them to quit smoking. I look forward to comments from the Minister on the broad point regarding attachments. I know that both these issues were included in the recent call for evidence, so she may have some early insights for us in the light of that. I beg to move.