🚭 Tobacco and Vapes Bill (Eleventh sitting)

• The session discussed the Tobacco and Vapes Bill, focusing on clauses related to testing, product safety, and advertising restrictions.

• Clause 99 on testing allows the Secretary of State to mandate testing of tobacco and vaping products, ensuring compliance with safety regulations. Discussions raised concerns about who would be designated to carry out these tests and the potential for improper influence or selective testing.

• Clause 100 addresses product safety, emphasizing the need for regular testing of vapes and nicotine products to protect consumers from harmful substances. The issue of online sales and the importance of international cooperation to curb illicit sales were highlighted.

• Clauses 101 and 102 enable the Secretary of State to amend existing tobacco regulations from 2016 to cover new products like nicotine pouches and to adapt to market changes. Questions were raised about why these regulations were not included directly in the Bill.

• Clauses 105 to 113 focus on sub-delegation and the power to make provisions binding on the Crown. The discussion emphasized the importance of consultations and the role of technical experts in implementing regulations.

• Clauses 114 to 119 impose a ban on the advertising and sponsorship of tobacco, vaping, and related products, similar to existing tobacco advertising bans. Concerns were raised about the potential impact on smoking cessation services and the need for targeted messaging to help adult smokers transition to safer alternatives.

• Amendments were proposed to allow vaping to be promoted as a smoking cessation tool, but these were withdrawn after assurances that such promotions could still be conducted through public health authorities.

• The session concluded with agreement on the necessity of the advertising bans to protect young people from nicotine addiction, while still supporting efforts to help existing smokers quit safely.

The session demonstrates moderate disagreement, primarily focused on the scope of regulatory powers, enforcement challenges, and balancing public health goals with industry concerns. Key points of contention include:

• Regulatory Flexibility vs. Oversight: Members debated the broad powers granted to the Secretary of State to set testing and safety standards via secondary legislation. Critics argued this lacked parliamentary scrutiny, while the Minister emphasized the need for agility to adapt to industry innovations.

• Enforcement of Online Sales: Concerns were raised about the feasibility of regulating cross-border and digital sales, with questions about accountability for third-party platforms and international cooperation.

• Public Health vs. Economic Impact: Discussions highlighted tensions between strict advertising bans (to protect youth) and the potential stifling of vaping as a harm-reduction tool for smokers. Amendments proposing exemptions for smoking cessation promotions were debated but ultimately withdrawn.

• Clarity of Offenses: Questions about liability for advertisers, designers, and distributors revealed disagreements over the practicality of enforcing subjective intent (e.g., “knowing or having reason to suspect” an ad’s purpose).

While disagreements were substantive, the tone remained collaborative, with members seeking clarifications rather than outright opposition. The Minister addressed concerns through explanations of existing frameworks (e.g., ASA oversight) and commitments to consultation, mitigating sharper polarization.