Labour's Push for E-Cig Advertising Ban on Children Gains Momentum: Industry Under Pressure

The Shadow Minister for Children and Early Years, Helen Hayes, has put forward a new bill aiming to safeguard the youth against marketing related to vaping.

Presenting the bill in Parliament on 5 September, she stated that the marketing of vapes, which incorporates vibrant packaging, cartoon characters, and names inspired by candies like Skittles, poses a threat to children. Although the legal age for purchasing vapes is presently 18, these products have gained popularity among young individuals, as per the most recent data from the Office for National Statistics (ONS).

"The rise in the number of children getting addicted to nicotine through vaping is increasing rapidly, and immediate action is imperative," she stated. Hayes tweeted that the proposed legislation would ban the branding, advertising, and promotion of electronic cigarettes targeted towards children, although the specific restrictions are not yet clearly defined.

The Office for National Statistics (ONS) released its annual smoking and vaping figures yesterday (5 September). According to the report, there are 4.5 million e-cigarette users in the UK, who use them either daily or occasionally. This accounts for 8.7% of the population, marking an increase from 7.7% in 2021. The age group with the highest usage of these products is 16 to 24-year-olds, with a percentage of 15.5%, up from 11.1% in 2021.

If the proposed bill becomes law, it will make advertising restrictions for e-cigarettes mandatory. This aligns with the advertising restrictions for cigarettes introduced in the 90s, which targeted children. Currently, the Advertising Standards Authority regulates the advertising rules for e-cigarettes, but the bill seeks to change this to a statutory requirement.

E-cigarette brands are currently prohibited by the ASA from engaging in any marketing activities or using materials associated with youth culture, characters that appeal to individuals under the age of 18, or content that portrays an adolescent or juvenile manner. Additionally, these brands are not allowed to feature individuals who appear to be under the age of 25.

In May, Prime Minister Rishi Sunak expressed his intention to enhance the regulations surrounding the marketing and promotion of vapes. He stated that the government is actively exploring ways to strengthen these rules due to concerns that current marketing strategies are targeting children, which he deemed as absurd.

More action is needed to enforce the existing advertising restrictions, according to John Dunne, the director general of the UK's Vaping Industry Association. This comes as Scotland is considering a ban on disposable vapes, citing concerns about their environmental impact and appeal to young people.

He asserts that although there are already stringent limitations on advertising, the issue lies in their lack of enforcement. Furthermore, he highlights the presence of significant ambiguity, noting that, based on his firsthand encounters, even when brands approach the ASA, they frequently receive ambiguous responses.

Dunne does not believe that these products are specifically marketed at children. According to him, colors are simply used to distinguish different flavors on supermarket shelves.

Nevertheless, he advocates for real consequences for vaping brands that violate the rules. Currently, the ASA has "strict rules" in place for vape advertising and marketing. However, as Dunne points out, these rules do not result in significant fines. He asserts the need for substantial increases in fines, whether imposed on the brands or the shops selling the products to underage individuals.

The ban should extend to everyone as it is virtually impossible to prevent children from being exposed to advertising targeted at adults.

Dr Ana-Catarina Pinho-Gomes, The George Institute

Dr Ana-Catarina Pinho-Gomes, an Honorary Research Fellow at The George Institute for Global Health in the UK, recently conducted a study that highlighted the negative effects of smoking and vaping on children. According to Gomes, it is crucial to prohibit the advertising of vapes to children in order to protect them from the harmful impact of vaping and prevent them from being drawn into more dangerous forms of smoking, such as tobacco. While the long-term consequences of vaping are not yet fully understood, it is clear that they are not without risk. Gomes fully supports the proposed bill and suggests that it should be complemented by other forms of regulation and strict enforcement to prevent the sale of vaping products to children and young people.

Banning advertising is crucial to lessen its attractiveness to children and teenagers. However, it is nearly impossible to completely shield children from adult-targeted advertisements, so the ban should apply to everyone. She suggests that vaping should only be accessible through medical prescriptions or smoking cessation services, positioning it as a medical solution rather than a recreational device.