Tobacco and Vapes Bill

Dear Constituent,

Thank you for contacting me.

The Gov.uk website stipulates the Tobacco and Vapes Bill will:

1. Create the first ever smokefree generation by:

  • making it an offence to sell tobacco products to those born on or after 1 January 2009, thereby phasing out the sale of tobacco products, while not stopping anyone who currently legally smokes from being able to do so. This will mean anyone who turns 15 or younger in 2024 will never legally be sold tobacco products
  • amending existing legislation to make it an offence for anyone over 18 to purchase tobacco products on behalf of those born on or after 1 January 2009 (proxy purchasing)
  • supporting the enforcement of the new measures by requiring retailers to update the current age of sale notices (or warning statements) to read: ‘It is illegal to sell tobacco products to anyone born on or after 1 January 2009’.

2. Reduce the appeal and availability of vaping products by:

  • providing powers for ministers to regulate:
  • the flavours and contents of vaping products
  • the packaging and product presentation of vaping products
  • point of sale displays of vaping products
  • making it an offence to sell non-nicotine vaping products to someone who is under 18 in England, Wales and Northern Ireland. Scotland already has this in place
  • introducing a ban on the free distribution of vaping products to under 18s in England and Wales, and provide Northern Ireland with a power to also introduce a ban. Scotland already has these powers.
  • providing ministers with powers to extend the measures outlined above for vaping products to other nicotine products such as nicotine pouches.

3. Strengthen enforcement of underage sales of tobacco and vapes by:

  • providing enforcement authorities in England and Wales with the power to issue Fixed Penalty Notices of £100 for the underage sale of tobacco products and vaping products
  • continuing to apply existing penalties to give Trading Standards the ability to escalate to a level 4 fine (up to £2,500), as well as restricted premises orders and restricted sales orders for repeat offenders in England and Wales

During Questions, Rt Hon. Victoria Prentis MP, Secretary of State for Health and Social Care made the following comments on vaping and the Tobacco and Vaping Bill.:

‘On vapes, we have committed to consulting on the powers that we are adopting in the Bill precisely because we want to ensure that the regulations, when they come to the fore, address the realities of the market and the cynicism of the companies behind it, and help to ensure that our children do not continue being plied with these horrible items to get them hooked on nicotine.’

(Hansard, vol.748, 23 April 2024, col.797)

Thank you again. I hope that this is helpful.

Yours sincerely,

Mel Stride MP

MP for Central Devon