Earl Russell (LD)

My Lords, this group relates to the technology in devices. Government Amendments 130 and 132 are, we understand, designed to future-proof this legislation, particularly to prevent the placing of video games inside vaping devices. We on these Benches welcome the intention and the future-proofing of the legislation. This is of the utmost importance; we see it time and again and are right to expect that the tobacco industry will react to this legislation when it hits the statute book. This is not abstract—it is based on real-life evidence and real-life vapes that exist. Cigarette companies are now producing vaping devices that incorporate video games, particularly retro video games, and even virtual pets. For some, this might appear as not that important or essential, but nothing could be further from the truth. The linking of nicotine addiction with a gaming addiction, and the linking with different rewards and sensory interactions, are extremely powerful and the motivation is only about increasing profits for Big Tobacco. Looking at it in more detail so that your Lordships understand, the points that users can get in the games on the vaping devices are linked to the number of puffs they take, how frequently they take them and how often they interact with their vaping device. They can compare scores with their friends, and virtual pets can die if people do not take enough nicotine. This might look playful, but it is about feeding and deepening individual addiction to these devices. They are extremely powerful and harmful, particularly to the young people at whom they are aimed. One of these new devices has apparently been viewed over 12 million times. British American Tobacco’s latest device, Vuse Ultra, was recently dubbed “the future of vaping”. These devices are available in the UK, and the market will inevitably grow if there are loopholes in the legislation. The devices push the boundaries, so it is important that the Government regulate them. As we heard, the oversight remains weak, as do trading standards; the devices get into our young people’s hands; they might predominantly be purchased in shops, through friends or even sometimes parents. Online restrictions are not as good as they should be. These are important issues. We welcome the two government amendments, but is the Minister convinced that the Government really have all the powers they need to future-proof this legislation? Do they feel that they have adequate powers in the Bill and future regulations to prevent vaping devices being linked to any form of online data collection and storage; to prevent the linking of vapes to apps in phones via Bluetooth, QR codes or joining the website; to stop the linking of users’ individual puff counts to games or online collection; and to stop the actual connection between the number and times of puffs taken and access to forms of promotion, discount or VIP passes? This is clearly where the industry would like to go if the guardrails are not provided by the Government. I also welcome the amendment from the noble Lord, Lord Lansley. Speaking to the words that he used, the hope is that government Amendments 132 and 130 will cover Amendment 131, but it would be good to have the Minister confirm that. Finally, Amendment 124 is about the technology within the packaging and whether the Government feel that they have the powers they need to put in these near-field tracking devices to make sure that these are genuine products, not fraudulent or unreal. Do the Government need Amendment 124 to feel they can make sure that the products available in the shops are legal and not counterfeit, or are they satisfied with what they have?