Are the Government going to restrict vape displays in shops?
As part of their plans for tackling youth vaping, the Government are considering the actions which could be taken to reduce the appeal and accessibility of vape products to minors.
One of these actions is the proposed introduction of vape display and point of sale regulations, which would dictate how vape products can be displayed within a shop.
Are there currently any regulations for the display of vape products?
Vaping products are regulated through the Tobacco Products Directive (TPD), an EU directive which was implemented into UK law by the Tobacco and Related Products Regulations 2016 (TRPR). These regulations dictate things like the maximum nicotine strength allowed, bottle and tank sizes, packaging, and advertising.
However, there are currently no measures in place that regulate how vaping products can be displayed in stores, meaning they can be displayed both at the point of sale and throughout the store in whichever manner the retailer chooses.
How can the display of vapes affect their appeal to children?
Because vapes are currently allowed to be displayed at the point of sale and within the aisles of a store, the manner in which they are displayed can make them not only seem more appealing but also more accessible to young people. With them being displayed at the point of sale, which is the location in a store where the purchase is made, they are in a prominent position which is seen by most customers.
Some stores may also choose to display vaping products alongside sweets and other confectionary products that are appealing to children. By displaying them in this way, young people may see these products as more desirable, and if they are easily accessible on shelves it can also lessen the fact that they are an age restricted product which contains nicotine.
Analysis from Imperial College London has found that the likelihood of people aged 11 – 18 noticing vaping products on display in supermarkets has risen from 57.4% in 2018 to 66.5% in 2022.
What would vape display restrictions look like?
The Government intend to legislate for new powers that would allow them to introduce restrictions on the display of vaping products, and they are planning to hold another open consultation which would help to inform what these restrictions would look like.
However, the previous consultation which ran between October – December 2023 gives us an indication of the kind of restrictions that are being considered so far. One question within the previous consultation asked participants to select which of the following two options they thought would be most effective at deterring underage vapers:
·Option 1: vapes must be kept behind the counter and cannot be on display, like tobacco products
·Option 2: vapes must be kept behind the counter but can be on display
68.3% of participants selected option one, with 31.7% selecting option 2.
The Tobacco Advertising and Promotion Act 2002 (TAPA) dictates that tobacco products cannot be displayed in stores, and so they are often stored in closed cabinets or behind opaque screens. The Imperial College London analysis has found that these tobacco point of sale restrictions have decreased the likelihood of children aged 11-18 noticing cigarettes on display in supermarkets from 67% in 2018 to 59% in 2022.
However, this act does have amendments that set out separate regulations for specialist tobacconists, allowing them to advertise and display specialist tobacco products inside their store as long as they are not visible from outside the shop.
Participants were also asked if they believed that exemptions should be made for specialist vape shops, implying that the Government recognise the difficulty of implementing these regulations in vape shops and is willing to consider alternative measures in this instance.
Timeline: changes to vaping regulations
·11 April 2023 – The Government open their ‘Youth vaping: call for evidence’ to identify ways to reduce the appeal and accessibility of vaping products to minors. Citizens and organisations had eight weeks to respond, with 441 responses received.
·12 October 2023 – The Government opens a public consultation, ‘Creating a smokefree generation and tackling youth vaping’, inviting the public to respond.
·26 October 2023 - The House of Commons publish their research briefing 'Shop displays of tobacco and vaping products'
·7 November 2023 - A proposed 'Tobacco & Vapes Bill' which would give the Government new powers to regulate vape displays in shops is announced in the King's speech.
·6 December 2023 – The consultation closes and the 28,000 responses are collated.
·28 January 2024 – Prime Minister Rishi Sunak announces plans for the Government to ban disposable vapes and introduce other regulations to tackle youth vaping.
·29 January 2024 – The full consultation outcome is published and the Government outlines subsequent measures that they plan to take forward.
How could vape display restrictions affect current vapers?
While display restrictions would not necessarily have as much impact on current and future vapers as other measures that are being considered, like a vape flavour ban, there are still concerns about the consequences of these restrictions.
The main concern is that vaping products should be visible and accessible to adults users, as they are an important stop smoking tool. Many have also pointed out that subjecting vaping products to the same rules as tobacco products could demonise them, making them seem equally as harmful as tobacco products rather than a less harmful alternative.
The Government is planning a second public consultation which will focus on display restrictions, flavour bans, and a possible vape tax, but the date for this is yet to be announce.