Ministers to Close Loophole That Allows Free Vape Samples for Children

Ministers to Close Loophole That Allows Free Vape Samples for Children
A festival-goer is seen vaping at Reading Festival in Reading, west of London, on Aug. 27, 2021. (Daniel Leal/AFP via Getty Images)
Owen Evans
5/30/2023
Updated:
5/30/2023

Ministers want to close a loophole that allows retailers to give free samples of vapes to children in England, amid concerns an increasing number are being tempted to smoke e-cigarettes.

On Tuesday, Prime Minister Rishi Sunak said the government will clamp down on vape marketing to prevent the “unacceptable” targeting of children and young people.

The charity Action on Smoking and Health (ASH) has campaigned to close a loophole that allows free distribution of e-cigarettes to under-18s despite sales being illegal.

The government said that there will also be a review into banning retailers selling “nicotine-free” vapes to under-18s.

It added that there will also be a review of the rules on issuing fines to shops that illegally sell vapes to children, which the government said could make it easier for local trading standards officials to issue on-the-spot fines and fixed penalty notices.

The health risks of vaping will be also included in Relationships, Sex, and Health Education (RSHE) lessons, as part of the government’s ongoing review of RSHE, in order to further discourage children from taking up vaping.

Doctors have warned that generations of children could become hooked on nicotine as an increasing number of teenagers are being tempted to smoke cheap sweet-flavoured e-cigarettes, even though their long-term effects are still unknown.

Schoolchildren

The prime minister said he was “deeply concerned” about an increase in children vaping and was “shocked by reports of illicit vapes containing lead getting into the hands of schoolchildren.”

“Our new illicit vape enforcement squad—backed by £3 million—is on the case but clearly there is more to do.

“That is why I am taking further action today to clamp down on rogue firms who unlawfully target our children with these products.

“The marketing and the illegal sales of vapes to children is completely unacceptable and I will do everything in my power to end this practice for good.”

Chief Medical Officer Professor Sir Chris Whitty called the decision to close the loophole a “very welcome step.”

“Whilst vaping can be an effective quitting tool for smokers, it is important that non-smokers are not encouraged to start vaping,” he said.

“There has been a particularly worrying rise in the number of children using vapes, with companies clearly marketing these products at children using colours, flavours, and cheap disposable options.

“Closing the loophole that allows companies to give out free samples of vaping products to under-18s is a very welcome step in tackling some of the harms caused by the vaping industry.

“We should continue to encourage smokers to swap to vaping as the lesser risk, whilst preventing the marketing and sale of vapes to children.”

Last year, figures from a survey conducted for NHS Digital found that 9 percent of 11- to 15-year-olds in England now regularly use e-cigarettes, a rise from 6 percent in 2018.

The highest use trend was among girls aged 15, which rose from 10 percent in 2018 to 21 percent in 2021.

Mitchell Baker who works at the Vapour Place, a vaping shop in Bedminster, exhales vapour produced by an e-cigarette in Bristol, England, on Dec. 30, 2016. (Matt Cardy/Getty Images)
Mitchell Baker who works at the Vapour Place, a vaping shop in Bedminster, exhales vapour produced by an e-cigarette in Bristol, England, on Dec. 30, 2016. (Matt Cardy/Getty Images)

In December 2022, Professor Andrew Bush, director of Imperial Centre for Paediatrics and Child Health and a consultant paediatric chest physician at Royal Brompton and Harefield hospitals, told The Epoch Times by email: “We know the acute effects of vaping are far more than those for cigarettes; so how can we possibly be reassured about the long-term effects? The UK is out of step with virtually all the rest of the world I am afraid.”

ASH found that children were increasingly drawn to cheap disposable e-cigarettes which come in candy, alcoholic drink, energy drink, soft drink flavours, and more.

ASH also found that the young are influenced by social media sites such as TikTok and Instagram.
In response, TikTok said that “regardless of a user’s age, we strictly prohibit content that depicts or promotes the sale, trade, or offer of tobacco, including vaping products, and we will remove any content found to be violating our community guidelines.”

‘Paying the Price’

E-cigarette maker Juul Labs has paid out hundreds of millions of dollars settling thousands of lawsuits in the United States following an investigation into the company’s marketing and sales practices of its high-nicotine vaping products.
In April, in response to a $462 million settlement, New York Attorney General Letitia James said in a statement that “Juul lit a nationwide public health crisis by putting addictive products in the hands of minors and convincing them that it’s harmless.”

“Today they are paying the price for the harm they caused,” she added.

In response to the UK government’s announcement, Joe Murillo, chief regulatory officer of Juul Labs, said: “Vapes have a role to play in helping adult smokers transition away from cigarettes, but more needs to be done to combat underage use of these products.

“We believe that government, regulators, and industry can collectively take action to reduce the access and appeal of vaping to those underage, including by restricting the sale and marketing of vapes to this group.”

PA Media and Katabella Roberts contributed to this report.
Owen Evans is a UK-based journalist covering a wide range of national stories, with a particular interest in civil liberties and free speech.
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