Although heralded as a healthier alternative for those wishing
to stop smoking, the vaping industry has actively targeted children
through the use of marketing techniques and products that are
specifically aimed at under 18s. Now the UK government has issued
proposals to introduce new regulations to prevent the marketing of
vaping products to those under the age of 18.
On 4 October 2023, the government published its plans for a
consultation relating to proposed new regulations governing the
sale and marketing of vaping products. The primary objective of
such regulations is to prevent the marketing of vaping devices to
those under the age of 18.
The government's decision was informed by the recent findings
from its call for evidence on youth vaping, which revealed that the
marketing strategies for vaping products, such as use of colour and
flavours, have made vaping much more appealing to children.
The government's proposed measures include:
1. Regulating the branding, packaging, and flavours of vaping
products with the aim of diminishing their attractiveness to
children. Drawing parallels with the success of prohibiting tobacco
branding in reducing the appeal of smoking to minors, the
government aims to employ similar strategies in the vaping
industry.
2. Enforcing regulations on point-of-sale displays to ensure that
vaping products are kept out of the reach of children. The
government believes that vapes should not be prominently displayed
in aisles, near confectionery items, or on easily accessible
shelves.
3. Implementing restrictions on the sale of disposable vapes
through the powers vested in section 140 of the Environmental
Protection Act 1990. On the basis that disposable vapes are more
enticing to children, the government wishes to curb the
proliferation of such devices by reference to their detrimental
impact on the environment, citing the failure of manufacturers and
retailers to comply with legal obligations related to the recycling
of unwanted vaping devices.
4. Prohibiting the sale of non-nicotine vapes to children and
preventing the distribution of free samples of vaping products to
children. Currently, there are no age restrictions on the sale of
non-nicotine vapes, nor are there any limitations on the
distribution of free vaping samples.
There is a clear desire for increased restrictions on vaping
advertising, especially on social media platforms and through
influencers. In its response, the government acknowledges these
concerns but remains aware of the industry's need to continue
marketing vaping products to adult smokers.
These proposed measures are part of the government's broader
policy paper aimed at creating a "smoke-free generation."
A central element of this policy is the introduction of new
legislation that would make it an offence to sell tobacco products
to individuals born on or after 1 January 2009, or to purchase
tobacco products on behalf of someone born after that date. The
intended outcome of this law is to prevent individuals aged 14 or
younger in 2023 from ever legally purchasing tobacco products. The
government plans to raise the smoking age incrementally by one year
every year until it encompasses the entire population.
The government intends to launch a consultation in late October
2023 to further explore this policy, including the measures
designed to curb the rise of youth vaping. They also plan to
introduce legislation that would empower local authorities to
impose on-the-spot fines on retailers for underage sales of tobacco
products and vaping devices, as well as explore additional measures
to enhance online age verification processes.
In the absence of any self-regulation from the vaping industry
itself, the proposed restrictions are likely to come into effect in
the near future and all those involved in the advertising of vaping
devices should be ready for the changes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.