Regulatory Solutions
Ricardo Geada
November 2024
Director and Head of Regulatory Solutions Ricardo Geada explores the recently announced ban on single-use disposable vaping products, and argues that it may cause non-nicotine products to be caught in this regulatory dragnet.
Ricardo’s article was published in The Times, 31 October 2024, and can be found here.
Last week, the government confirmed that the sale and supply of single-use disposable vapes will be banned in England & Wales. The ban, which will come into force from next June, was inevitable, and the devolved nations of Scotland and Northern Ireland are set to follow suit.
Its stated intention is to protect children’s health and to prevent environmental damage. Some aspects are positive. For example, limiting flavours and colours that appeal to under 16-year-olds is a sound approach to minimising underage user numbers. But however well-intentioned, the ban will probably lead to an increase in both the sale and use of illicit, unregulated vaping products. Illegal vapes are much more likely to contain other harmful chemicals, which could, in turn, create serious public health issues.
Single-use vape legislation, first announced in January by the previous Conservative government, was not enacted before the July general election. The new Labour government then picked up the baton. But simply because cross-party consensus exists in principle does not automatically make legislation right in practice. Improper use could also be limited by implementing better enforcement on trading standards to prevent children under 16 having access to vapes.
Manifestly, the most effective way to prevent the unsafe use of vaping products is to create a robust regulatory framework that can be properly enforced by trading standards, unfortunately they like many other government departments lack the adequate funding and resources required.
Nonetheless, measures must be taken to address safety and social concerns surrounding disposable vapes, such as underage use and potential fires resulting from the lithium-ion batteries used in them, as well as the adverse environmental effects of litter and the lack of sustainability in single-use products. According to Defra, five million single-use vapes were either littered or thrown into general waste every week last year.
To the extent that it is both practical and financially feasible, companies that sell single-use vapes may have to retrofit their products in order to make them compliant with the new regulations.
But there are other consequences: the single-use ban extends to both nicotine and non-nicotine-based products. It therefore includes Cannabidiol (CBD) vapes which do not contain nicotine and are non-addictive. In fact, the reverse may apply, CBD vapes are heralded by some advocates for their potential and varied health benefits.
Although CBD vaping has been on the rise in recent years, unfortunately for companies that manufacture CBD vapes, their sector is still relatively small and does not have the financial resources of big tobacco. So, for many of these CBD companies it may prove difficult to access the necessary finance to re-engineer their existing products in order to bring them in line with the imminent regulations.
Only time will tell whether this ban will have the desired effect or if it will simply open up untested and harmful vape products on the illicit market.
