The UK Tobacco and Vapes Bill: A Step Towards a Smoke-Free Future?

The United Kingdom recently introduced a significant piece of legislation aimed at creating a "smoke-free generation." The Tobacco and Vapes Bill, introduced on March 20, 2024, is designed to curb tobacco and vaping use among young people and reduce the appeal of these products to minors. This bill has been met with both support and criticism, and its potential impact on public health is significant. In this blog post, we will delve into the key contents of the bill, its background, and why it might just pass this time with Labour in power.

Background of the Bill

The Tobacco and Vapes Bill is part of a series of government proposals to create a smoke-free generation and reduce the appeal and availability of vapes to young people. These proposals were set out in the government’s policy paper, "Stopping the Start: Our New Plan to Create a Smoke-Free Generation." The bill aims to save thousands of lives and billions of dollars in healthcare and lost-productivity costs caused by smoking and vaping.

Key Contents of the Bill

The bill includes several key provisions:

1. Prohibition of Tobacco Sales to Future Generations: The bill makes it an offense to sell tobacco products to anyone born on or after January 1, 2009. This effectively bans smoking for future generations by eliminating legal access to purchase tobacco products.
2. Restrictions on Vaping Products: The bill continues the prohibition on the sale of nicotine vaping products to under-18s and introduces further measures to reduce youth vaping. It enables ministers to regulate the flavors, contents, packaging, presentation, and sales displays of vaping products to reduce their appeal to children.
3. Enforcement and Sanctions: The bill strengthens enforcement around tobacco and vaping sales. Enforcement authorities in England and Wales can issue fixed penalty notices for the sale of tobacco or vaping products to those who are underage. Persistent offenders can face fines up to £2,500 and may be subject to restricted premises or sale orders, which prohibit the sale of tobacco and vaping products for up to a year.
4. Environmental Legislation: The government has announced separate environmental legislation to ban the sale and supply of disposable vapes from April 2025. This is attributed to the rise in youth vaping, as disposable vapes are seen as a significant contributor to this trend.

Current Progress of the Tobacco and Vapes Bill

• On April 16, 2024, the House of Commons voted 383 to 67 to advance the bill, which would make it illegal for anyone born in 2009 or later to buy tobacco and add restrictions to vaping.
• The bill aims to gradually eliminate the legal sale of tobacco products across the UK by raising the legal age to purchase tobacco each year. Currently, the legal age is 18, and the bill would impose that anyone born after January 1, 2009, would never reach the minimum age to purchase tobacco.
• On May 14, 2024, the bill went through its committee stage in the House of Commons. Clauses 34-36 defined key terms like "tobacco product" and "vaping product", ensuring that all future novel tobacco and nicotine products are captured by the legislation.
• The bill will next be scrutinized by a specialist committee within Parliament before returning for its third and final vote in the House of Commons.
• The Health Secretary, Victoria Atkins, argued that the bill is necessary to protect future generations from the harms of smoking, which costs the UK economy £17 billion each year.

Why the Bill Might Just Pass This Time

The bill has received support from various health organizations and charities, including the Smokefree Action Coalition, which represents over 300 health organizations and charities. The coalition has welcomed the bill’s potential to stop the uptake of tobacco smoking among young people. Additionally, the Labour Party has expressed support for measures to raise the age of sale for tobacco, which is a key component of the bill.

Analysis: Why the Bill Lacks the Teeth to Ban Smoking Outright

While the bill is a significant step towards reducing tobacco and vaping use, it does not outright ban smoking. The bill focuses on restricting the sale and availability of tobacco products, but it does not criminalize the act of smoking itself. This means that current adult smokers will still be able to purchase and use tobacco products legally. The bill also does not provide for a phased-out ban on tobacco sales, which could have been more effective in reducing smoking rates over time.

Moreover, the bill’s enforcement mechanisms are not as stringent as they could be. While fines and sanctions are in place, they may not be sufficient to deter all illegal sales. Additionally, the bill does not address the black market for tobacco products, which could potentially increase as legal sales become more restricted.

The Tobacco and Vapes Bill in the UK is a significant step towards creating a smoke-free generation. It introduces several measures to reduce tobacco and vaping use among young people and strengthens enforcement around tobacco and vaping sales. However, the bill lacks the teeth to ban smoking outright, as it does not criminalize the act of smoking itself. While it is a positive step, more comprehensive measures may be needed to achieve the goal of a smoke-free UK.