The epidemic of youth vaping in the UK is difficult to ignore. As a young person, I have noticed the explosion of popularity of the small, unsuspecting, multi-coloured devices, especially amongst my peers. Now, there are efforts to rectify this issue. The introduction of the Tobacco and Vapes Bill by the former government marked the beginning of a move towards a ‘smokefree generation’. This legislation, which involves a series of measures to reduce youth vaping and prohibits anyone born on or after 1 January 2009 from ever buying cigarettes, would give the UK some of the strictest anti-smoking laws in Europe.
Amid lobbying by international tobacco firms, the proposal was excluded from the outgoing Conservative government’s wash-up process. This would have allowed the bill to be fast tracked and passed before the general election. Labour have revived these plans as they assumed their new role in government, with it being one of the health-focused policies outlined in the king’s speech.
Many health leaders are in support of the bill, with England’s chief medical officer, Prof Sir Chris Whitty, hailing it as ‘a major step forward in public health’. Matthew Taylor, the chief executive of the NHS federation described the legislation as ‘game changing’, and Cancer Research UK’s executive officer believes the ban could have a ‘hugely positive impact on the nation’s health’
So, why is there a general consensus that a policy like this should be implemented?
Analysis conducted by Action and Smoking and Health (ASH) has revealed a concerning upwards trend in youth vaping rates amongst 16–17-year-olds, increasing from 5% in 2018 to 15% in 2023. This trend is also reflected in the adult population. The number UK adults who vape has reached record levels, at 11% as of 2024. Due to their relatively new entry onto the market, the long-term impact of vaping on our health is less understood and less well-documented than smoking. The Royal College of Physicians have noted that some carcinogenic substances in tobacco smoke have also been found in e-cigarette vapour, putting those who vape at a risk of developing smoking-related diseases. Furthermore, smoking places a significant burden on the NHS. It is estimated that smoking costs the NHS £2.6 billion per year and smoking-related illnesses account for up to 75,000 GP appointments each month. Phasing out the sale of cigarettes and tobacco would not only improve the nation’s overall health but reduce the pressure on health services.
However, with the prevalence of smoking steadily decreasing for decades, some opponents of the bill have argued that such decisive action is not necessary to eventually achieve a generation of non-smokers. Others say that the bill is too paternalistic, and restricting access to a consumer product for a certain group impinges upon personal freedoms. There is also concern that aspects of the bill that target the availability and appeal of vapes may hinder smoking cessation efforts by adult smokers, who use them as a less harmful alternative to traditional vapes. It is predicted that flavours such as bubble gum and candyfloss may face curbs, as research has shown that they are particularly attractive to children.
For people who vape or smoke under the age of 18, the bill may make it harder for them to continue doing so. Enforcement authorities will be provided with the power to issue fixed penalty notices of £100 to retailers who sell tobacco and vape products illegally; these on-the-spot fines will complement existing sanctions. This aims to further deter businesses from selling these products to people who are underage. Despite this, is still potential for young people to get around these restrictions, as they have in the past. Obtaining a fake ID, utilising older friends and family and simply lying are all options that remain available. This could lead to the bill becoming undermined.
The potential for the growth of the black market for vapes is another argument against the introduction of the bill. Scott Butler, executive director at the environmental charity Material Focus, said that the ban could result in ‘hard to control sales and an established illegal vape market’. Illicit vapes fail to meet the minimum standards and regulations set out in the Medicine and Healthcare products Regulatory Agency. This means that many may contain higher levels of nicotine and toxic substances, including arsenic and formaldehyde. Retailers who sell these products, readily flouting regulations already, are the ones who are more likely to sell to minors. In addition, a flavour ban would significantly reduce the amount of vapes available, driving many of those who vape, but young people especially, to seek out illegal, dangerous options.
It is clear that both smoking and vaping carry a significant degree of risk. The move towards regulations that aim to combat the phenomenon of vaping amongst young people and offset the deleterious effects of smoking on both individuals and society is in theory a good thing, but they need to be put into practice with consideration for the impact of additional restrictions and ways in which the law could be enforced.
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