Issued by: Department of Health and Social Care

The government has published a call for evidence to seek expert views on introducing new rules for retailers selling tobacco, vapes and nicotine products.

• Only shops with licences will be able to sell vapes, tobacco and nicotine products to protect children and clean up high streets as part of Plan for Change

• Call for evidence also seeks expert views on flavours, ingredients and appearance to tackle youth vaping

• Proposals will strengthen enforcement, support legitimate businesses and crack down on rogue retailers

Children will be better protected from the risks of vaping as part of government proposals to introduce new rules for retailers selling tobacco, vapes and nicotine products.

For the first time, shops would need a licence to sell these products - closing a major gap in the law. Currently, any business can sell tobacco or vapes without one. This has allowed rogue traders to sell illicit products on the high street, often targeted at children with cheap, colourful vapes in shops that sell sweets and toys.

The proposed new licensing scheme will root out rogue operators, give enforcement officers stronger powers to shut them down and protect legitimate retailers.

It is part of a call for evidence published today that will help shape regulations as part of the landmark Tobacco and Vapes Bill (https://shorturl.at/4JuEb), which will create a smoke-free generation and protect children and young people from a lifetime of addiction.

The government is also seeking views from experts on the flavours, nicotine strength, and appearance of vapes as part of a series of measures to tackle youth vaping.

Health Minister, Stephen Kinnock, said:

"We aim to close a major gap in the law - making it necessary for shops to hold a licence to sell tobacco, vapes and nicotine products.

"Our new proposals will better protect children by rooting out the rogue retailers blighting our high streets and help adults know which shops are selling legitimate products.

"We want expert views on how we can develop the strongest possible regulations to protect our children as part of our Plan for Change, while ensuring adult smokers can still use vapes to quit smoking."

Only responsible businesses will be allowed to sell tobacco, vapes and nicotine products under the proposals. Those caught breaking the rules face unlimited fines or on-the-spot penalties of £2,500.

In addition to licensing, the government’s call for evidence is seeking views from retailers, manufacturers, public health experts, charities, academics and health professionals, as well as members of the public on:

• flavours and ingredients - to better understand the ingredients, which substances should be allowed in vapes and nicotine products, and what risks their emissions may pose as well as understanding where efforts to control flavours have been successful

• nicotine strength - to better understand safe levels for vapes and nicotine pouches so products do not deliver dangerously high doses

• design and appearance - the size, shape and features of vapes and tobacco-related devices, including whether devices with digital screens should be restricted

• industry compliance - introducing a new registration system for every tobacco, vape or nicotine product sold in the country. This would help to stop unsafe or misleading products onto the market and give both consumers and retailers greater confidence in what is being sold

The Tobacco and Vapes Bill (https://shorturl.at/cFihm), which is currently progressing through Parliament, will also ban the advertising and sponsorship of vaping and nicotine products, and provide powers for regulating flavours, packaging, and how and where vapes and nicotine products are displayed in shops.

A separate consultation on introducing smoke-free and vape-free places, restrictions on vape packaging and changing how and where they are displayed in shops, will follow next year.

Hazel Cheeseman, Chief Executive of Action on Smoking and Health (ASH), said:

"The Tobacco and Vapes Bill is a world leading piece of legislation with the potential to dramatically change how tobacco and vapes are sold - bringing in a smoke-free generation, taking us closer to a smoke-free country and protecting children from vaping.

"Ensuring the regulations are shaped by the best available evidence is vital to ensure the bill has its intended impact."

Research from King’s College London and University College London strongly suggests that selling vapes in plain packaging could reduce the number of children taking up vaping while still providing a useful tool for adults to quit smoking.

It found 53% of children aged 11 to 18 surveyed felt their peers would be interested in trying vapes when shown branded packaging and flavours but this dropped to 38% with plain packaging and descriptions of flavours. Among adults the interest remained similar.

While vaping is less harmful than smoking and can be an effective quit aid for adult smokers, children and adult non-smokers should never vape.

Background information

This call for evidence will inform secondary legislation supporting the landmark Tobacco and Vapes Bill, which will create a smoke-free generation by preventing anyone born on or after 1 January 2009 from being sold tobacco products. The bill is at committee stage in the House of Lords.

Under the Tobacco and Vapes Bill proposals, retailers selling without a licence in England and Wales could face unlimited fines in court or fixed penalties of £2,500, while in Northern Ireland, courts will be able to impose fines of up to £5,000.

Retail licensing of tobacco is a popular intervention with retailers and the public. A 2023 ASH report on public support for government action on tobacco (https://shorturl.at/yx5SP) showed that 83% of the public support tobacco retail licensing.

The detail of the topics captured in the call for evidence, including the licensing scheme, will be subject to a future consultation.

Many of the ingredients in e-liquids and nicotine products were originally developed for ingestion, not inhalation after heating or absorption. Furthermore, the law currently allows for a wide variety of shapes, sizes and features among vapes. For example, some vapes can have digital screens, or can look like stationery. We are seeking evidence on where regulation and further restrictions may be necessary.

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