Growing calls for vapes to be ‘out-of-sight and out-of-reach’ to tackle underage sales

Strict new measures to regulate the display and marketing of vaping products in the same way as tobacco are needed to crack down on a rise in stores selling to children, says the Local Government Association.

Whilst vaping poses far less risk than smoking tobacco – which remains the single biggest cause of preventable illness and death in the UK – and vapes can be an effective means of helping smokers to quit, there are growing calls for regulation to ensure that vapes do not get into the hands of children and create nicotine dependence in a new generation.

At present, the law forbids retailers from selling vapes to people under the age of 18, but there are no restrictions on the placement or display of vapes and vaping products within retail premises.

It is recommended that retailers keep vapes out of the reach of children, but currently there is no legal requirement for them to do so.

Many areas have seen a spate of incidents in recent weeks where shops have been caught selling vapes to youngsters, councils having to step up enforcement activity to deal with the increasingly widespread issue.

Councils are especially concerned by the marketing of vapes with designs and flavours that could appeal to children, in particular those with fruity and bubble gum flavours, and colourful child-friendly packaging.

In contrast, the sale of tobacco is strictly regulated, with plain packaging and a requirement for products to be behind the counter.

To help stop children from being able to access vapes, the LGA, which represents councils, is calling for:-

• Vapes to be in plain packaging and kept out-of-sight behind the counter
• Mandatory age-of-sale signage on vaping products – it is currently voluntary
• A ban on free samples of vaping products being given out to people of any age

Sanctions for breaching these rules should also be the same as penalties handed out under tobacco display regulations.

In a survey by the Chartered Trading Standards Institute, 60 per cent of local trading standards services said high street shops selling illicit vapes or vaping products to children was the enforcement issue that most concerned them. Teams reported a significant rise in underage vape sales last year.

Additionally, health charity Action on Smoking and Health is calling on the government to implement an excise tax on disposable vapes to reduce their affordability to children.

Data from the ASH Smokefree GB Youth survey of 11 to 18-year-olds in England showed that current vaping prevalence was 8.6 per cent in 2022, compared with 4 per cent in 2021.

It also found that over a fifth of youngsters bought vaping products from newsagents while 16.3 per cent bought them from a supermarket.

Adding an excise tax of £4 per disposable vape could bring the price up to the same level as the cheapest re-usable vapes. ASH says this would make disposable vapes significantly less affordable for children, and discourage the use of these environmentally damaging products by adults.

ASH has also recommended reducing product appeal by banning bright colours and cartoon characters on packs, as well as banning product names or descriptors associated with sweets or sweet names, and design features such as vapes lighting up.

David Fothergill, chairman of the LGA’s Community Wellbeing Board, said: “Vapes need to be out-of-sight and out-of-reach of children in the same way as cigarettes.

“It is not right that stores are able to prominently display vaping paraphernalia for all to see, such as in a shop window, often in bright, colourful packaging that can appeal to children.

“Vapes should only be used as an aid to quit smoking. While research has shown vaping poses a small fraction of the risks of smoking, it is deeply worrying that more and more children – who have never smoked – are starting vaping.

“This has become a major concern for councils, who are seeing a sharp rise in cases of shops and other outlets selling vaping products to people under 18.

“The evidence suggests that vaping is by no means risk-free, and so it is very alarming that young people are getting access to and using e-cigarettes.

“This is why we are calling for tougher and stricter regulation of vaping products to tackle the growing cases of children getting hold of them.”

Veronica McGinley, CTSI lead officer for age-restricted sales, said: “Whilst vapes can be a valuable tool in smoking cessation it was never intended that they be marketed as a lifestyle product and attract a whole new generation of young people who have never smoked. These products, whilst safer than traditional tobacco products, are not without risk. They can lead to nicotine dependence and their long-term effects are as yet unknown.

“More than 10 years ago a successful ban on the display of tobacco products was implemented to protect children and allow a tobacco-free generation to grow up. The current displays of vapes are reminiscent of what we had for tobacco before the ban and will, if left uncontrolled, lead to a whole new generation addicted to nicotine.”

Deborah Arnott, chief executive of ASH, said: “Children who vape mainly use cheap disposables, which can be bought for under a fiver.

“They could easily be made less affordable in the March Budget with the introduction of a specific tax for single use disposable vapes.

“In one simple step this would reduce both child vaping and the vast quantities of single use vapes being thrown into landfill.”