UK vaping laws: Children’s commissioner calls for ‘wild west’ market to be better regulated

The children’s commissioner for England, Dame Rachel de Souza, has urged the government to step up regulation on advertising of the electronic cigarettes to children.

Dame Rachel said highly addictive and sometimes dangerous products are falling into the hands of school pupils - some of whom are now avoiding the toilets for fear of being pressured to vape.

No long-term studies exist on vaping but while it does not have the tar and tobacco of cigarettes, they do still contain highly addictive nicotine and are only intended to be advertised to smokers looking to quit.

Dame Rachel told the Guardian: “Many children who are addicted to vaping have never even smoked tobacco, with vaping acting as a gateway rather than a quitting strategy.

“Children deserve to lead long, happy, healthy lives, which is why I am unequivocal in my view that no child should be smoking or vaping.

“We urgently need stricter regulation of this ‘wild west’ market. It is insidious that these products are intentionally marketed and promoted to children, both online and offline.”

The commissioner’s warning comes after the government pledged to end a loophole which allowed free samples of vapes to be given to children.

Prime minister Rishi Sunak has expressed concern about his own daughters potentially being targeted by vape marketing.

The Government plans also include a review into banning retailers selling “nicotine-free” vapes to under-18s. There will also be a review of the rules on issuing fines to shops that illegally sell vapes to children. This could potentially help local trading standards officials to issue on-the-spot fines and fixed penalty notices.

The Department of Health and Social Care said: “It is illegal to sell nicotine vapes to children and we are concerned about the recent rises in youth vaping – particularly because of the unknown long-term harms.

“We are taking bold action to crack down on youth vaping through the £3m illicit vapes enforcement squad to tackle underage sales to children. We also launched a call for evidence to identify opportunities to reduce the number of children accessing and using vape products and explore where the government can go further.”

This is the issue in more depth.

A vape, short for vaporiser, is a device that is used to inhale vapourised substances, often referred to as “vapour,” instead of smoke. Vaping is a form of smoking without tobacco, which is the harmful part of cigarettes known to cause cancer.

A vape heats a liquid or an e-liquid (commonly called vape juice or e-juice), which usually contains nicotine, flavourings, and other chemicals, into a vapour that is then inhaled by the user.

Vapes consist of a few basic components. They typically have a battery that provides power; an atomiser or heating element that vaporises the e-liquid; a tank or cartridge that holds the e-liquid; and a mouthpiece through which the vapour is inhaled.

When the user activates the device by pressing a button or inhaling, the battery powers the heating element, which then heats the e-liquid and turns it into vapour. This is then drawn into the user’s mouth and lungs.

Vaping laws are a bit of a grey area and differ drastically from those regarding smoking.

At present, you must be 18 or older to buy and use a vape in the UK.

Vape cartridges — the liquid that goes in them — must not hold more than two millilitres of liquid or contain more than 20 milligrams of nicotine per millilitre.

While selling vapes to under 18s is illegal, nicotine-free products can be sold.

The Government is said to be looking into banning “addictive” fruit-flavoured vapes in an effort to deter young people from taking up the habit.

Vaping is allowed in the UK at present and there are no nationwide legal restrictions or laws enforced on vaping in public areas. The use of vaping devices indoors is generally permitted in the UK, unless a specific establishment or public area has imposed a ban. However, individual businesses and organisations have the discretion to implement their own policies regarding vaping on their premises.

Go Smoke Free, an online site selling vapes, has listed how many councils have enforced customised restrictions in certain areas and there are local laws in force that prohibit vaping. The ban on smoking in the workplace or public areas does not apply to vaping, but this doesn’t allow you to vape anywhere you like.

Generally, this is down to whoever owns the specific area. Open public spaces are down to local authorities to rule on, but there should be clear signs if vaping is prohibited in certain areas.

NHS statistics for 2021 showed that 9 per cent of 11 to 15-year-old children used e-cigarettes, up from 6 per cent in 2018.

Again, this is down to the owners of each establishment you wish to use a vape in. There is no legal, blanket ban on vaping in the likes of pubs, restaurants, or coffee shops.

But many have implemented bans, including large chains such as Starbucks, KFC, McDonald’s, and Caffè Nero, to name a few.

In the UK, vaping products, including e-cigarettes, are required to display health warnings on their packaging. These aim to inform users and potential users about the potential risks associated with vaping. The specific warnings may vary slightly depending on the product, but generally, they cover the following areas:

Cancer Research UK has warned that, although e-cigarettes and vapes are a lot safer than cigarettes, the long-term effects are not yet known. The charity says people who have never smoked shouldn’t use them and warns the decision is not risk-free.

The NHS agrees vaping is substantially less harmful than smoking but says it is not risk-free. It advises non-smokers not to take up vaping. Vaping does “expose users to fewer toxins” but Better Health, an NHS body, says the long-term effects cannot yet be known and it is “highly unlikely” to be danger-free.