🚭 Tobacco and Vapes Bill (Twelfth sitting)

• Defenses and Exemptions for Advertising:
  • The session discussed clauses related to advertising defenses and exemptions for tobacco and vaping products. Clause 120 outlines defenses for certain types of advertising, including trade adverts, responding to requests for information, and adverts intended for audiences outside the UK.
  • Clause 121 maintains the existing exemption for specialist tobacconists, allowing them to advertise specialist products inside their shops, subject to certain conditions. This exemption applies only to a small percentage of the market and is subject to future monitoring.
  • Clause 122 ensures that legally permitted product displays do not count as advertisements, thus preventing retailers from inadvertently breaking advertising laws.
• Government Amendment and Scotland:
  • Government amendment 1 was proposed to bring Scotland’s legislation in line with the rest of the UK regarding displays, particularly concerning the display of tobacco product prices.
• Questions and Clarifications:
  • Questions were raised about the definition of “trade communications” and whether adverts at trade shows or in trade magazines could be considered public if accessible to non-trade members.
  • Concerns were voiced about the clarity and enforcement of these laws, especially regarding potential loopholes and the need for clear guidelines and training for retailers.
• Specialist Tobacconists and Vaping Shops:
  • Clarifications were sought about the exemption for specialist tobacconists, particularly why only certain tobacco products are excluded from the advertising ban. The Minister emphasized that all tobacco is harmful, but the exemption is for niche markets.
  • There was discussion about how the Bill applies to vape shops, ensuring their displays do not fall foul of advertising restrictions.
• Brand Sharing and Sponsorship:
  • Clause 123 gives the Secretary of State power to regulate brand sharing of tobacco and related products to prevent indirect advertising, which could affect young and vulnerable groups.
  • Clauses 124 and 125 address sponsorships for tobacco, vaping, and related products, banning such arrangements post-Royal Assent to prevent the association of these products with popular events or figures.
• Sports Sponsorship and International Considerations:
  • The session discussed existing sports sponsorships and their impact on public health, particularly when involving products harmful to health.
  • Questions were raised about how the Bill would handle international sports teams wearing sponsored kit in the UK, suggesting that existing practices like covering up logos might be employed.
• Timelines and Contracts:
  • The timing and application of the new laws to existing contracts was a key issue, with a two-month window proposed post-Royal Assent to allow businesses to adjust. Concerns were raised about potential rushes to secure sponsorship deals before the law comes into effect.
  • The discussion highlighted the need for careful consideration of force majeure clauses and the possibility of legal challenges if existing contracts are affected by the new legislation.
• Public Health and Consistency:
  • Throughout the session, a strong emphasis was placed on the public health objectives of the Bill, aiming to reduce smoking and vaping, especially among young people.
  • Some members expressed concerns about consistency in applying restrictions across different harmful products, such as tobacco, alcohol, and gambling.

The session exhibits moderate disagreement, primarily focused on clarifying technical aspects and potential loopholes rather than fundamental opposition. Key points of contention include:

1. Loopholes in Trade Communications: Concerns were raised about whether trade magazines or public venues hosting trade shows could inadvertently expose the public to prohibited advertisements. Questions about enforcement and liability for unintended distribution highlighted skepticism about the efficacy of defenses.

2. Specialist Tobacconist Exemptions: Members debated the rationale for exempting certain tobacco products (e.g., cigars, pipe tobacco) from advertising bans, with arguments questioning the consistency of public health messaging given tobacco’s universal harm.

3. Sponsorship Regulations: Discussions revealed concerns about retroactive application of sponsorship bans and inconsistencies in treating vaping versus alcohol/gambling sponsorships. Technical debates over contractual obligations and enforcement timelines underscored doubts about implementation.

4. Balancing Commercial and Public Health Interests: Tensions arose over defining permissible displays versus advertisements, with warnings about overreach impacting small businesses. The need for clearer guidelines and monitoring mechanisms was emphasized.

While disagreements were substantive, they centered on refining the Bill’s details rather than rejecting its core objectives. The tone remained collaborative, with cross-party engagement aimed at strengthening the legislation.