Illegal Vapes

I beg to move,

That this House has considered the matter of the use and sale of illegal vapes.

It is a pleasure to serve under your chairmanship, Sir Mark, and I am pleased to have secured this debate, in order to highlight my concerns about the use and sale of illegal vapes.

As a country, we should be pleased with the progress that we have made in reducing smoking, with smoking rates falling to their lowest since records began; now, only 12.9% of the population smoke. In some part, this progress is down to the wide array of nicotine replacement products: patches, pouches, gum, and of course, in more recent years, vapes.

However, despite vapes being an effective alternative for adults to use in order to quit smoking, we must be concerned about the risks they pose to children and non-smokers. Vapes are not risk-free. Nicotine is a highly addictive substance, whatever means are used to absorb it, and there remain unanswered questions about the longer-term use of vaping. As Professor Chris Whitty, the Chief Medical Officer, has said:

“If you smoke, vaping is much safer; if you don’t smoke, don’t vape.”

I have concerns about vaping that I wish to raise with the Minister in this debate. They are threefold: first, the availability of vaping products to children; secondly, the sale and supply of illegal vaping products to children and adults; and thirdly, the organised crime and exploitation that lie behind the illegal products.

I commend the hon. Gentleman for securing this debate. Many people see vaping as an alternative to smoking and it probably is, but that does not mean that it is, in some cases, any less destructive. Indeed, it has become an overnight epidemic, with vape shops popping up, including in Newtownards, the main town in my constituency. My concern has always been about the regulation of these pop-up shops; they come here and they disappear, only to pop up somewhere else.

Does the hon. Gentleman share that concern and agree that there must be a licence to sell vapes, which should be vigorously checked by the local council to ensure that laws are being adhered to, so that the things he has expressed concern about regarding children gaining access to vapes cannot happen?

It would not be a Westminster Hall debate without an intervention from the hon. Gentleman. He anticipates two of the points that I am about to come on to in my speech—first, the popping up of these shops; and secondly, the need for licensing. So, I thank him for his intervention.

Legally supplied cigarettes have reached a price that puts them beyond the reach of children’s pocket money. That has been brought about by a raft of measures, including a ban on smaller packets, a ban on advertising, plain packaging, concealed displays and raising the legal age to buy cigarettes to 18. However, we have seen a worrying trend of children taking up the habit of vaping; the latest figures show that some 20% of children have tried vaping.

Those children have taken up the use of a product that is designed to help people to quit smoking, but—this is the important point—they themselves have never smoked. We know that the flavours, packaging and design of vapes are attractive to children, and that vapes are on very visible display in shops, in contrast to the cigarettes that they are designed to replace.

As with the sale of cigarettes, the sale of nicotine-related products is restricted to people over 18, but that restriction is clearly not working. To my mind, many of the measures that we introduced to curtail smoking need to be considered again in addressing this problem.

I have met the parents of children who are addicted to vaping. It is not uncommon to see children vaping in the street and the whole disposable vape industry is visibly responsible for the increase of litter on our streets, which local authorities face huge difficulties in dealing with and which increases the risk of fire in general waste collections.

The Local Government Association is deeply concerned about what to do with the almost 200 million disposable vapes that are thrown away every year in our country, and we should all be concerned about their environmental impact. However, my primary concern is the use and sale of illegal vapes, which do not always comply with our legislation and often have much higher concentrations of nicotine. They are sold with much higher capacities than their legal equivalents. It is estimated that a staggering one out of every three vapes sold in the UK is illicit. They are being sold with no care whatever for the user.

I am grateful to my hon. Friend for securing this debate. He is right to want to see a clampdown on illegal vapes. They are very different from those produced by responsible manufacturers, which help adults quit smoking and thereby save lives. Does he agree that we should continue to encourage adult smokers to vape, and that we should not throw the baby out with the bathwater over this? The responsible attitude is to allow people to use legal vapes while clamping down on the illicit ones that we see too many of.

I am grateful to my hon. Friend for that intervention; he raises a really important point. It is right that we encourage people to stop smoking and that smokers have an array of products available to help them, but those products must be legal. They must be supplied legally and made available in the right way.

Trading standards in Darlington, which is doing a tremendous job led by Shaun Trevor, has had much success over the past 18 months in targeting these traders. Products with a value of over £300,000 have been seized from some 23 retailers. Among those products were almost 20,000 packets of illegal cigarettes. Their sale would have resulted in a massive loss of revenue to the Exchequer—something that I am sure the Chancellor would be interested to learn about.

Last week, I went to visit a number of my local independent corner shops. They report that their tobacco sales have fallen off a cliff. In one instance, a trader of some 40 years reported that his tobacco sales had fallen from more than £7,000 a week to just £2,000. One the one hand, we can celebrate that as it will partly be the result of some people giving up smoking, but we know that the real underlying cause is that the trade has shifted to illegal sales in newly popped-up competition, which is robbing trade from our legitimate traders. Together with the footfall that tobacco sales bring to those shops and the massive loss in revenue, one retailer I visited estimates that his store is collecting nearly £200,000 less duty and VAT because of the sale of illegal tobacco. That is just one shop in one town. Imagine the scale of that lost revenue to the country as a whole.

I have shared my concerns about children vaping and about the availability of illegal products, but for me the most important aspect of this debate is the organised crime that sits behind the illegal supply and sale of these products. I know at first hand of the collaborative work going on between my local council and police in the sharing of intelligence, and I know that they are acutely aware of the damage caused to our community and the local economy. We have evidence locally that the funding for these shops is rooted in organised crime and money laundering. We know that, besides being supplied with illegal tobacco and vapes, children are being used as mules to fetch and carry the illegal products, which are stored off site rather than on the shop premises, or to act as agents by selling the vapes to their friends in the school playground. The most shocking local case was of a young person being groomed for sex with the enticement of illegal vapes. We should be wide awake to the risks in our community to young people who are exposed to exploitation in this way.

I remind Members that they should bob if they wish to be called in the debate.

I thank the hon. Member for Darlington (Peter Gibson) for securing this afternoon’s debate. I am sure he knows that I have been discussing this issue and campaigning against the sale and use of illegal vapes throughout this Parliament, and I am sure he is aware that I tabled several amendments to the Health and Social Care Bill in 2021, when it was in Committee. I understand that the hon. Member was not a member of that Public Bill Committee, but he must share my frustration with his party on this issue. The Tory Whips instructed Conservative Members to vote down my amendments in 2021—amendments that were very similar to the proposals in the King’s Speech last November. If my amendments had been voted for, it is fair to argue that fewer people—particularly young people—would be addicted to nicotine, and that as a result the tenor of this debate would be different.

“What ifs” aside, we need to see robust regulation and enforcement at local level. My constituency needs that, and I am shocked at the extent of illicit, non-compliant and even untraceable vaping products in my constituency. Over 6,000 illicit vapes were seized last year across County Durham, with three prosecutions linked to under-age sales and illicit vapes. I express my thanks to The Northern Echo for its investigation into that.

Although I welcome the Government’s announcement of an illicit vapes enforcement squad, we are now nine months on from that announcement, and unregulated and potentially dangerous products continue to fly off the shelves. All the while, the tobacco industry is making profits off the back of youth vaping rates. Cuts to trading standards have not helped, either. Trading standards workers in Durham are at full capacity, so when will they receive something from the £30 million that was announced in October to help them do their job?

We need the Government to be bold. We need to stop rogue vape traders in their tracks, and we must ensure that the sale of illicit vape products does not deter smokers from switching to vaping. I welcome any Member’s raising the issue of the use and sale of illegal vapes. Like the hon. Gentleman, I was pleased to be part of a rare example of cross-party unity in The Northern Echo but, at the end of the day, what matters in this place is how we vote on policies. If an issue similar to that posed by the Health and Social Care Act 2022 arises in the future, I hope that the hon. Gentleman and Members who are about to contribute to the debate will put their constituents before their party Whips.

It is a pleasure to speak under your chairmanship, Sir Mark. I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on securing today’s debate on a very important issue.

On the face of it, nicotine vaping is substantially less harmful than smoking. It is also one of the most effective tools for quitting smoking. However, I believe that before I speak about illicit vapes it is worth noting that although vaping has helped adults to quit smoking, we do not know for sure its long-term health effects and have only an early understanding of the kinds of health problems that vaping poses. The Royal College of Physicians noted that some cancer-causing substances present in tobacco smoke have also been detected in e-cigarette vapour, which raises the possibility that long-term use of vapes may increase the risk of smoking-related diseases. However, the risks are obviously much lower than those posed by smoking.

Vaping is becoming more and more popular with young people. According to Action on Smoking and Health, over 20% of children between the ages of 11 and 17 tried vaping in 2023—up from 15.8% in 2022. There is potential for the major health disaster of a new generation of young people getting hooked on nicotine. Although nicotine itself is not the problem per se, the different substances found in e-liquids cause concern. To analyse the real contents of popular vapes, the Inter Scientific laboratory, which offers regulatory and testing services, looked at a selection of vapes confiscated from school pupils in the UK. It examined them to ensure that the UK tobacco and related products regulations were met, but it found high levels of metals in the e-liquid that far exceeded safe exposure levels. Results from the 18 vapes analysed showed 2.4 times the safe level of lead, 9.6 times the safe level of nickel and 6.6 times the safe level of chromium. Obviously there was a low dataset, but it shows that the regulations on vapes are not being met in this country.

It is a pleasure to serve under your chairmanship, Sir Mark. First, I thank my hon. Friend the Member for Darlington (Peter Gibson) for securing this important debate, which gives me the opportunity to highlight the seriousness of the use of illegal vapes and cigarettes in my constituency.

A week before Christmas, I was accompanied by a team of enforcement officers on a test purchase exercise in Dewsbury town centre. I put on record my thanks to the team for their professionalism and ingenuity. During the exercise, we discovered over 20 retail outlets selling illicit cigarettes and vapes across Dewsbury. Fourteen of them were selling illegal disposable vapes, one of which was on sale for £10—but it was £10 for 3,500 puffs. The maximum legal tank size equates to about 600 puffs, so £10 spent on that product would be equivalent to almost six legal vapes. Unlike a legal vape, however, this one had not had its chemical constituents approved by the Medicines and Healthcare products Regulatory Agency, so we have no idea what was in it.

Here are some further shocking findings from our investigation. That product was the smallest puff size available to purchase that day. Another product, available for £12, promised 4,000 puffs. Another claimed to provide 9,000 puffs for £13. For £17, two disposables claiming to provide 15,000 puffs and 24 ml tank sizes were available. The maximum legal tank size is 2 ml. Almost half the shops that sold these illicit vapes had them on display. They either did not care or did not realise that the products were illegal. The whole exercise was an eye-opener, but there have been several high-profile incidents involving the sale of illicit cigarettes and vapes in Dewsbury. Last October, £100,000-worth of such products were seized by West Yorkshire police and trading standards.

Last July, an independent report found that nearly a fifth by value and volume of the vaping industry appeared to be illicit in 2022 and that almost a third of e-liquid consumed in disposable vapes failed product compliance rules on nicotine concentrations and volume limits. It is clear that the industry finds itself in a challenging position but, in forging a path forward, it is important that we do not lose sight of other key facts. Scientific research indicates that vaping is less dangerous than smoking, with up to 95% fewer harmful chemicals in the emissions. The legal vape industry has had a positive impact on reducing smoking, converting 1.5 million people away from cigarettes. I have given up smoking in the last 12 months, and I used nicotine patches, but I recognise that there are other ways to stop smoking, including legal vapes. From a health benefit point of view, it is important that we recognise that aspect.

I congratulate my hon. Friend the Member for Darlington (Peter Gibson) on securing this important debate.

Hon. Members will not be surprised by my presence or to hear my stance on this issue. For more than a year now I have championed the fight against youth vaping, an epidemic that is spreading like wildfire. These sleek, colourful contraptions, once touted merely as a smoking cessation tool, have become ubiquitous. They are not just in shops, but litter our streets and are hidden away in our children’s bedrooms and classrooms. According to a recent NASUWT survey, a staggering 85% of teachers reported vaping as an issue among their students. Teachers in my constituency have spoken of pupils struggling to concentrate because of their nicotine addiction and having to leave lessons for vape breaks—let us remember that these are not hardened junkies but schoolchildren.

I propose a number of solutions to this growing problem, including banning the sale of disposable vapes, removing them from public displays in shops and banning the bright colours and sweet flavours, which prolong the addictive effects and are so attractive to children. I welcome the Government’s work and commitments in this area, and I particularly thank the Minister for her commitment to stopping children vaping and her broader commitment to children and their health. However, we need to go further, and I would like the Government to extend the existing restrictions on cigarettes to vaping in public places to ensure that no one, least of all children, becomes an unwitting victim of second-hand vapour.

Coupled with that, we must impose tougher regulations on the advertising and marketing of vaping products. I have previously spoken out against the sponsoring of sports teams and the pervasive advertising that glamourises vapes. I would like to see these products taken off the side of Transport for London buses, off prominent displays in corner shops and away from sports stadiums. Instead, they should be put discreetly away behind the counter, as the medical type of smoking cessation device they are supposed to be.

It is a pleasure to serve under your chairship, Sir Mark. I am grateful to the hon. Member for Darlington (Peter Gibson) for securing the debate and for the powerful way he introduced the topic.

Like the hon. Member for Sleaford and North Hykeham (Dr Johnson), I have made no secret of my lack of enthusiasm for vapes—specifically disposable vapes. I have held my own debates on the topic, and I have supported others, including the hon. Lady, so I am pleased to speak today, because we need urgent action on these things.

We have heard about smoking cessation a couple of times during the debate. Smoking cessation is absolutely important, and we should all take it very seriously, but disposable vapes are not risk-free, as has been pointed out. There are other, more useful ways of supporting smoking cessation—for instance, reusable vapes, which are not seen as attractive to young people. However we look at it, and whether they are illicit or not, disposable vapes are harmful, particularly to young people and our environment.

The environmental side of things is what first caused me to become interested in disposable vapes. That was thanks to Laura Young, better known as “Less Waste Laura”, who is a student from my constituency. Laura has worked tirelessly to rid our streets, parks and beaches of the discarded plastic, which is so familiar to us all, and the pollution that has become a torrent in recent years. These apparently disposable vapes are almost never properly disposed of; in fact, the way they are constructed means it is almost impossible to properly dispose of them even if someone wants to, which is quite unlikely, considering that this product is sold on the basis of its easily disposable nature.

It is a great pity—this is embarrassing for it—that the Labour party, propped up by the Tory party on East Renfrewshire Council, is so unwilling to support anything the SNP supports that it has, not once but twice, refused to support a motion to ban disposable vapes locally, putting the council out of step with almost every other local authority in Scotland and with the evidence of the harm that such devices do.

Does the hon. Lady not accept that properly and legally produced disposable vapes provide an attractive alternative for adults to stop smoking and thereby save lives? Some companies, although this is not happening a great deal, can now almost fully recycle the components of disposable e-cigarettes. Does she accept that there is a danger that we move from illicit vapes and start targeting those that would be welcome for adult smokers to switch to?