Caroline Johnson MP: speeches

Speeches

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I take the Minister at his word, and beg to ask leave to withdraw the motion. Clause, by leave, withdrawn. New Clause 9 Prohibition on manufacture and retail of high-capacity count vaping devices “(1) The Secretary of State must produce regulations relating to the design, manufacture and sale of vaping devices and products that ensure— (a) refill containers cannot be attached to a vaping device post-purchase to increase a device’s overall capacity during use, or allow for multiple pods to be attached at the same time to a device to increase its functional capacity beyond a 2ml limit. (b) devices only have a single pod or tank that does not exceed 2ml limit. (c) refill devices do not exceed a 10ml capacity and must be sold separately and not in the form of a clink-on tank. (2) A person commits an offence if the person— (a) manufactures, designs for manufacture, imports or supplies for sale a vaping device that is contrary to the regulatory requirements set out in subsection (1). (b) sells or retails a vaping device that is contrary to the regulatory requirements set out in subsection (1). (3) A person who is guilty of an offence under paragraph (2)(a) is liable on summary conviction to a fine of £20,000. (4) A person who is guilty of an offence under paragraph (2)(b) is liable on summary conviction to a fine of £10,000.”— (Dr Johnson.) This new clause would seek the introduction of regulations and new offences to prohibit the manufacture, design and retail sale of high-capacity count vaping devices. Brought up, and read the First time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  The purpose of new clause 7 is to ensure that the regulations surrounding tobacco products are both well informed and effective before they come into force. Subsection (1) requires the Secretary of State to publish draft regulations concerning the registration and information requirements for tobacco within two months of the passage of the Act. This provides an initial, timely step towards addressing these critical regulatory areas and ensures that the Government take swift action to establish clear guidelines for the tobacco industry, particularly regarding registration and information requirements. Again, we are trying to avoid delay. The two months do not start until the Act has passed, which means that the deadline is significantly more than two months from now—more than enough time for the Minister to produce the draft regulations, particularly given that, I suspect, much of the work is done already, and some of it was done by the previous Government anyway. Subsection (2) requires the Secretary of State, following the publication of the draft regulations, to issue a call for evidence. That call for evidence will seek views on the efficacy and suitability of the draft regulations from a wide range of stakeholders, including industry experts, public health organisations and other interested parties. Additionally, the Secretary State is required to invite the House of Commons Business and Trade Committee to scrutinise the draft regulations. This subsection aims to ensure a transparent process that involves detailed external scrutiny of proposed regulations, helping to identify any potential issues or improvements before they are finalised. Subsection (3) mandates that six months after the passage of the Act—I should mention again that that is more than six months from now—the Secretary of State must lay a report before both Houses of Parliament setting out the Government’s formal response to the evidence submitted in response to the call for evidence under subsection (2), as well as any recommendations made by the Business and Trade Committee. This requirement ensures that the Government are held accountable for considering all feedback and making any necessary adjustments to regulations before they are implemented. It promotes transparency and enables Parliament to monitor how the Government have addressed public and expert input. Subsection (4) specifies the Secretary of State cannot make an order under clause 169(1A) bringing clauses 95 to 98 into force until the report mentioned in subsection (3) has been laid before both Houses of Parliament. That report sets out the Government’s response to consultation and any recommendations from the Business and Trade Committee, if there are any. Again, this is trying to make sure that the Government act at appropriate speed to get things done.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I thank the Minister for making my point, which is that some parts of the United Kingdom are choosing to do this in a different way.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  The key thing is that although the Bill does have powers for all that to happen under regulation, we have already established that the regulations will take more than two months to write and more than six months to review, even after the Bill has gained Royal Assent in a few months’ time, so we will probably be sitting here next year with no restrictions at all on vapes, because the Government will not have written them. Therefore, I think it is important that in the meantime we try to use the Bill to make the most clear and important changes, including the size of the tank limit. Question put, That the clause be read a Second time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I thank the hon. Member for his intervention, but the answer is no, because a report has to be laid before both Houses of Parliament. If the Government were late in doing that, they would have breached the requirement in the clause and demonstrated themselves to be slow off the blocks, but, as I read it, that would not stop the other measures being brought into place. We are trying to encourage the Government to move more quickly. My worry is that much of the Bill consists of provisions that give the Secretary of State the capacity to make regulations to do a whole range of things, most of which are very good and will help to protect public health—if he does them. I do not doubt the Minister’s zeal to ensure that the Secretary of State does so, or indeed the Secretary State’s desire to do so, but the fact is that the Government seem to have all sorts of priorities, and if this one gets put on the back burner, it could be many years before any of this comes into force. The Minister is shaking his head, but what we are suggesting here begins after Royal Assent. Bear in mind that the Bill still has to move to Report, go to the House of Lords and then come back for Third Reading, so it has a long way to go through this Parliament before we get to the start of the two-month period. It does not start today, when we finish line-by-line scrutiny in the House of Commons Bill Committee. Even if we said that it would start two months from now, with six months until the report was published and the regulations put forward in their final form, it would be closer to a year by the time we got through all the parliamentary scrutiny, so the Minister has much more time even than the new clause would suggest. If we put two-month and six-month markers into the legislation, the actual time involved would be more than two months and more than six months, because of the further parliamentary stages that the Bill must go through before we even get to Royal Assent. Those time periods start from the point at which the Bill becomes law, so I think the Minister has more than enough time, particularly if he is going to go supersonic, like the clappers. Question put, That the clause be read a Second time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  The Minister credits me with more tech savvy than I have. ChatGPT is well outside my portfolio.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  We have learned from the Minister that terms such as “like the clappers”, “quickly”, “in due course” and “soon” all mean a timescale longer than publishing a draft within two months and the final version within six. In practice, that means the concerns I have expressed about the Bill are true. This will take a long time, and the Minister’s “soon” is not really soon enough. I understand the Minister’s concern that if he does not get the work done in time, it will cause the Government problems, but the answer to that is simply to get the work done in sufficient time. The Minister has been clear all along that this is an urgent public health measure. Two thirds of the people who get addicted will die as a result of the tobacco they are consuming. Not to agree that he must produce draft regulations within two months, when he knows much of what the consultation will say—indeed, the previous Government consulted on much of it anyway—is to say that the Government will move slowly and not like the clappers at all. I understand that he is concerned about inconsistency between the nations, but he has not expressed such concern before. In fact, throughout our debate, when we have discussed the nations, we have spoken repeatedly about respecting devolution and the ability of other nations to go at different paces, do different things in different ways, and impose different fines and other penalties.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  But there is nothing to stop the Union doing it together. In the event that England chose to do things at a particular pace, as it has a right to do, the Scots have already chosen to do things differently, as is their right, and the Welsh and the Northern Irish could then choose to do things at the same pace—the same appropriately quick, or reasonable, pace—or they could decide that they want to go more slowly. That would be up to them. What is in the Minister’s control is to decide that he is prepared to act at a suitable pace to ensure that these regulations come into force as properly and as quickly as possible, including with scrutiny from the House.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I think there is another person to whom thanks need to go on the record, and that is my right hon. Friend the Member for Richmond and Northallerton (Rishi Sunak). Let us not forget that while this Bill is coming through now, the vast majority of it is similar in content to—in some cases, it is entirely verbatim—the Bill that came through a similar Committee last spring, thanks to the visionary leadership of my right hon. Friend.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time. New clause 9 is designed to regulate the design, manufacture, and sale of high- capacity vaping devices, specifically addressing concerns around devices that allow for an increased capacity beyond a specified limit. The proposal seeks to ensure that vaping products sold in the UK remain within acceptable safety standards and prevent devices from becoming overly powerful or difficult to control. The clause places limits on the size of pods, tanks, and refill containers for vaping products. Subsection (1) introduces specific requirements regarding the design, manufacture, and sale of vaping devices and products. It mandates that vaping devices sold within the UK should not allow for refill containers to be attached to a device post purchase to increase its capacity beyond the legally accepted limits. That part of the clause ensures that devices can only hold a single pod or tank that does not exceed a 2 ml capacity. This is a critical public health measure, because larger capacities could encourage excessive consumption of nicotine, posing potential risks to users, particularly younger people or those who may be more vulnerable to nicotine addiction. It is worth pointing out that in line with the vote we had this morning on nicotine pouches of very high strength, if vapes are there to help people to stop smoking—as the industry says they are—there is no requirement for those devices to be stronger in nicotine than a cigarette is. Otherwise the addiction to nicotine will go in precisely the wrong direction. Furthermore, subsection (1) ensures that refill devices, such as e-liquids, must not exceed a 10 ml capacity. Importantly, these refill devices must be sold separately, preventing sellers from marketing click-on or multi-pod systems that could encourage users to exceed the capacity limits in a single vaping session. By introducing the restrictions, the clause aims to maintain control over how vaping products are consumed and reduce the potential harms associated with unregulated usage. Subsection (2) establishes that it is an offence for anyone to manufacture, import, supply for sale, or sell a vaping device that does not conform to the regulations outlined in subsection (1). The provision is designed to create accountability within the vaping industry, ensuring that businesses involved in the design, production, or sale of vaping products are held to strict standards. The penalties outlined in the clause will deter manufacturers or retailers from attempting to circumvent the capacity restrictions for financial gain. Subsection (3) specifies the penalties for manufacturers, designers, or importers who are found guilty of violating the regulations set out in subsection (1). Specifically, those found guilty of manufacturing or importing non-compliant vaping devices could face a fine of up to £20,000 on summary conviction. That substantial fine acts as a deterrent against non-compliance by manufacturers, encouraging them to adhere strictly to safety standards. Subsection (4) establishes penalties for retailers who sell non-compliant vaping devices. If a retailer is found guilty of selling a vaping device that does not meet the specified requirements, they could be fined up to £10,000. The tiered nature of the fines, with higher penalties for manufacturers and lower penalties for retailers, reflects the differing levels of responsibility in the supply chain. New clause 9 introduces important regulations to prevent the manufacture, sale, and distribution of high-capacity vaping devices that could pose greater health risks. By limiting the size of tanks, pods, and refill containers, and imposing penalties for non-compliance, the clause seeks to protect public health and prevent the misuse of vaping products.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  As the Minister is aware from my previous contributions, I am delighted to see both the Bill’s passage and that the Government have taken on board some of my amendments to the Conservative Bill, which was similar. I very much enjoyed the history lesson from the hon. Member for City of Durham and hope that the Minister’s version of “like the clappers” will be just as quick.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  As the Minister says, clause 167 provides for the extent of the Bill. I am particularly interested in the way that part 3 extends to Northern Ireland. As part of the Windsor framework, Northern Ireland is subject to 283 Euro laws, including the EU’s tobacco directive. Article 24 of the tobacco directive says: “Member States may not…prohibit or restrict the placing on the market of tobacco or related products”, apparently contradicting this Bill.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  New clause 6 will introduce a process of consultation and scrutiny of the licensing regulations for the retail sale of tobacco products, when the relevant sections of the Tobacco and Vapes Act come into effect. New clause 6 is designed to ensure that the implementation of the licensing system is transparent and effective. Subsection (1) lays out the following requirement: “Within two months of the passing of this Act, the Secretary of State must publish draft regulations for the licensing of retail sale of tobacco products etc in England.” The Secretary of State says he is working like the clappers, at supersonic speed, so I am sure that that should be more than achievable, but the new clause holds his feet to the fire on timing. The provision is crucial because it sets a clear and reasonable timetable for the initial stage of the regulatory process. The publication of the draft regulations will provide a starting point for discussions about the rules governing the sale of tobacco, enabling relevant stake-holders, including retailers, public health experts and consumer advocacy groups, to examine responsive proposals. The two-month window allows the Secretary of State to move promptly—like the clappers—while also giving enough time for key groups to review the draft and contribute meaningfully to the conversation. Subsection (2) further strengthens the consultation process, and it states that after the draft regulations are published, the Secretary of State must publish a call for evidence. This is an invitation for the public, industry participants and experts to provide their view on the proposed regulations. The goal of the call for evidence is to gather insights on the efficacy and suitability of the draft regulations, helping the Government to understand whether the proposals will achieve the intended outcomes and whether they are feasible in practice. Furthermore, the subsection ensures that the Business and Trade Committee will be invited to scrutinise the draft regulations, ensuring that any regulations that are developed are subject to thorough review and are held to the highest standards of accountability. Subsection (3) requires that within six months of passing this Act, the Secretary of State must lay before both Houses of Parliament a report that responds formally to the evidence gathered through the consultation process, details the Government’s response to the feedback received and outlines any changes made to the draft regulations. In addition, the Government will address any recommendations put forward by the Business and Trade Committee in their scrutiny of the draft regulations. The report will provide a mechanism for the Government to explain how public input and parliamentary scrutiny have influenced the final regulations, thus reinforcing the transparency and accountability of the process. The report also gives Parliament the opportunity to assess whether the Government sufficiently considered evidence before moving forward with the regulations. Finally, subsection (4) introduces an important safeguard, and states: “The Secretary of State may not make an order under section 168(4) bringing Sections 16 to 18 and Schedules 1 and 2 into force until the report specified in subsection (3) has been laid before both Houses of Parliament”. This ensures that significant changes are not implemented without the proper review, approval and scrutiny of the House. In summary, the new clause will strengthen the legislative framework of the Tobacco and Vapes Bill by ensuring the licensing regulations on the sale of tobacco products are subject to a thorough process of consultation, scrutiny and formal response. By requiring early publication, gathering public input, inviting parliamentary review and ensuring that no major changes are enacted before proper scrutiny, the new clause guarantees that the regulations will be well informed, balanced and accountable. It will also ensure that the Minister does indeed go like the clappers, because it gives quite a tight timetable. One of my concerns, which I raised earlier in the debate, was that it would take some time for the regulations to come in. If we allow the time taken to bring in the regulations and consult to drag out, more children and adults will become addicted to these products, and that will be bad for the public health of the nation. The new clause provides a reasonable timetable to ensure the regulations are brought in swiftly, as the Minister has described.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time. New clause 8 is designed to require the Government to produce annual reports detailing the scale of the illegal sale and availability of tobacco and vaping products. Subsection (1) would mandate the Secretary of State to prepare reports on the scale of illegal tobacco and vaping products in the UK. The reports would focus on providing a detailed overview of the prevalence and impact of illegal, counterfeit and contraband products in the market. Subsection (1) would also require the Secretary of State to lay a copy of each report before the Houses of Parliament, ensuring transparency and parliamentary oversight. Subsection (2) outlines the specific information that each report would have to include. It stipulates that the reports would have to cover the estimated amount and value of illegal, counterfeit and contraband cigarettes and other tobacco products available for sale in the UK; the estimated amount and value of illegal or non-compliant vapes available for sale; a breakdown of the actions taken by the Government and relevant authorities to tackle the illicit sale of tobacco, tobacco products, vaping devices and vaping products; and an assessment of the impact that the illicit trade of tobacco, vapes and nicotine products had been having on public health and safety. That is crucial to understanding not just the scale of the problem, but the broader implications for public health. Subsection (3) sets out a requirement for the first report to be laid before both Houses of Parliament within 12 months of the passing of the Act. That would ensure that the Government addressed the issue of illegal tobacco and vaping products promptly after the Bill was enacted. Subsection (4) establishes that each subsequent report would have to be laid “annually beginning with the day on which the previous report was laid.” That annual cycle would ensure that ongoing monitoring of the illegal trade, providing a regular and up-to-date picture of the situation in the United Kingdom. In conclusion, new clause 8 would establish a consistent and systematic process for reporting on the illegal sale and availability of tobacco and vaping products in the UK. By producing detailed annual reports assessing the scale of the illicit trade and its impact on public health and safety, the Government would be held accountable for addressing this issue. Furthermore, the new clause would provide Parliament with the necessary information to scrutinise the actions taken by the Government to combat the illegal trade, promoting transparency and informed decision making.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I think it is inevitable that much of this will be legally challenged, because the effect of the legislation is to hamper severely an industry that has a lot of money. They are going to challenge every dot and comma of it—I am quite sure of that. The purpose, however, of this new clause is to get the Government to move at speed. The Government have been in power for more than six months now, so they cannot say that they are not capable of producing draft guidelines for regulations within six months of the date of Royal Assent, which is many weeks from now, given that they have managed to publish the Employment Rights Bill, the Renters’ Rights Bill, the Finance Bill and various other things. I do not understand why the Minister is not keener to get these things done. I will therefore push the new clause to a vote. Yes, the Minister could get himself in trouble if he did not work quick enough, but I have every confidence that if this new clause were enacted, the Minister would—like the clappers, at supersonic speed—be more than capable. I have every confidence that the Minister is more than capable of drafting regulations within the time available if he is forced to do so. Question put , That the clause be read a Second time.

• 30 Jan 2025 · Tobacco and Vapes Bill (Sixteenth sitting) · Hansard source

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  I understand that that is the Minister’s intent—indeed, it would be my intent to see people in Northern Ireland, as part of our great country, be as healthy as the rest of those in the United Kingdom—but intent is not enough to make things happen, in the same way that the Government saying they will go for growth does not make it happen, particularly if they do things that have the opposite effect. What is the legal position on which the Minister believes the clause will stand?

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  I thank my hon. Friend for her support in this discussion. Is it not also the case that the House has a lot of peculiarities and traditions that are sometimes eccentric, but interesting, and that although we would not necessarily want to create exceptions for MPs to use a product that is not available to members of the public, the inability to have the box there would be a loss of a tradition, which would be a bit of a shame?

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  I take the Minister at his word. He is an honourable man and I hear that he has sympathy for the new clause. The important thing is that it gets done, not necessarily that it gets done in a particular piece of legislation. I will take him at his word and look forward to seeing the legislation come before an SI Committee for DEFRA. I beg to ask leave to withdraw the motion. Clause, by leave, withdrawn. New Clause 5 Ban on manufacture and sales of high-strength nicotine pouches “(1) It is an offence to manufacture a high-strength nicotine pouch. (2) It is an offence to— (a) sell or expose for sale a high-strength nicotine pouch, or (b) offer or expose a high-strength nicotine pouch for sale. (3) It is an offence for a person to have a high-strength nicotine pouch in their possession with intent to supply it to another in the course of business. (4) In this section “high-strength nicotine pouch” means a nicotine pouch that— (a) is intended for oral use, (b) is not intended to be inhaled, (c) does not contain tobacco, and (d) contains more than 20 milligrams of nicotine per pouch. (5) It is a defence for a person charged with an offence under subsection (2) to prove that they took all reasonable steps to avoid the commission of the offence. (6) A person who commits an offence under this section is liable— (a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.” —(Mary Glindon.) This new clause provides for a ban on the manufacture and sale of high-strength nicotine pouches. Brought up, and read the First time .

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  When we adjourned on Tuesday evening, we were talking about this clause, which relates to shipping and a power to prohibit vaping and so on ships. We were —or I was—talking about the history of maritime restrictions on tobacco and cigarette use and why that has been the case. I had a couple of questions about the clause for the Minister. My first question relates to the fixed penalty notices and the powers of entry mentioned in relation to previous enforcement. How would they apply on board ship, given the international nature of shipping? What is the role of maritime authorities and enforcement, or is it down to the captain? Who is going to enforce this? How will it work across different jurisdictions? Many ships operate internationally, so it is relevant to consider how the regulation interacts with international maritime law. For example, if a ship is registered in one country but operates in another jurisdiction, how will enforcement of the new provisions vary? Enforcing a vape ban on ships operating in international waters, or outside the jurisdiction of the United Kingdom, raises the question of which laws apply. Ships registered under a particular nation’s flag are typically subject to the laws of that nation, but in international waters, enforcement may be complicated by the lack of physical presence of the authorities in the country whose law is being enforced.

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  I beg to move, That the clause be read a Second time. New clause 5 was tabled by the hon. Member for Newcastle upon Tyne East and Wallsend (Mary Glindon), who is not on the Committee, and addresses an important issue that is causing me huge concern as well: that of nicotine pouches. We have heard repeatedly in this Committee, and from our witnesses in the evidence sessions, about how the tobacco industry behaves—how it seeks to addict people to nicotine for a lifetime and how it seeks to do so in relatively young people, who are most susceptible to its marketing and to the nicotine addiction itself. Nicotine pouches are tobacco-free products that are becoming increasingly popular in the UK. They first entered the market in 2019 and are most prevalent among smokers trying to quit, although there is now a substantial market for non-smokers, in the same way that we have seen with vaping and other products over time—this is the latest one, as it were. The main type of oral nicotine products comes from brands like Zyn, Velo, Nordic Spirit, LOOP and White Fox. There are also stronger variants, like Siberia and Killa. They are a tobacco-free product that is placed between the lip and the gum and held there for oral absorption of nicotine, similar to Swedish snus. They are pre-packaged, pre-portioned pouches produced in a variety of flavours. The Health and Social Care Committee went to Sweden last spring—around the time that the previous Government’s Bill was in Committee—where we saw rows upon rows, floor to ceiling, of these products in shops across Sweden, where they are very popular. We have seen the same pattern of marketing towards children as we are seeing for vapes and have seen for tobacco in the past. If mint is one’s favourite flavour, one could go for crispy peppermint, mighty peppermint, peppermint storm, witty spearmint, humble spearmint or even spiffy spearmint. If fruit flavours are more your thing, Mr Pritchard, choices include wintry watermelon, blueberry boost, hot berries, blushy berry, groovy grape, breezy mango and punchy lime. These pouches are now available in a whole variety of flavours, also including cinnamon flame, nutty Virginia and fizzy lemonade, and they have become more popular. They have attracted investment from the world’s biggest tobacco companies, eager to shift to so-called reduced-risk products as regulation and health concerns tighten worldwide, and have become a viral hit with consumers, many of whom are too young to already be smokers. Philip Morris International acquired Zyn maker Swedish Match in 2022 for about $16 billion and said that the product had helped to boost its revenues by almost a fifth in the first nine months of last year as it delivered its third quarter results. It said that Zyn was now available in 30 countries, with recent launches in Greece and the Czech Republic. British American Tobacco owns the Velo brand and said in August that nicotine pouches were its fastest-growing new category, with organic revenue up more than 48% in the first half of 2024 compared with 2023. I am sure the Minister will look at this carefully and, as he seeks to protect the population’s public health in relation to nicotine products, I am sure he will be cognisant of the need to protect under-18s from these products. New clause 5 focuses specifically on the nicotine content of these products. The nicotine content of oral nicotine pouches can vary. Typically, it is between 4 mg and 18 mg of oral nicotine per pouch, but there are many that contain much more. Some online retailers sell products containing up to 150 mg of nicotine per pouch. Oral nicotine pouches are sold in a variety of flavours but also in a variety of strengths. The comparison with a cigarette is quite stark: “Researchers at the University of Stirling found that some pouches for sale on the UK high street had a nicotine content equivalent to 10 cigarettes.” Those products are being put on people’s gums and giving them the equivalent of 10 cigarettes over a short period of time. The Financial Times article from 5 November 2024 goes on: “‘They are strong enough to be psychoactive and they can cause local irritation,’ said Rosemary Hiscock of the Tobacco Control Research Group at the University of Bath. ‘Even if flavours are safe for food, we can’t be sure that they’re actually going to be safe if they’re held in the mouth for a long time, next to the gum line. There’s not been research on the interactions of that at all.’” Oral nicotine pouches, alongside other novel nicotine products such as nicotine toothpicks and nicotine toothpastes that could emerge or have already emerged on to the market, are regulated under the General Product Safety Regulations 2005. Under the regulations, there is no current age of sale for retailers to impose, so these products are legally being bought by those under the age of 18, though the Bill will help to resolve that. Nicotine products are also not regulated by the Medicines and Healthcare products Regulatory Agency, because no medical claims are made and they are not an alternative to an authorised medical product. They are not being used as a medical prescription stop smoking device, but are sold more as a recreational form of nicotine by tobacco producers, who see their market in tobacco shrinking and want to find another way to addict the next generation of people to nicotine, thereby removing their choice and potentially damaging their health. We have seen social media and website, content and brand advertisements promoting nicotine pouches as performance enhancers for gaming and sport. We have seen the promotion of JTI’s Nordic Spirit pouches at music festivals; and Zyn and Velo, which are owned by tobacco companies, run reward programmes allowing consumers to swap empty packets for prizes such as iPads. I hope the Minister can confirm that those will be prevented by the Bill—they will be prevented by legislation if the Minister regulates, as he is given the powers to do by the legislation. We hope that he intends to do so. The Advertising Standards Authority has tried to control this within current powers; a major nicotine pouch brand implying mood enhancement and stimulation was banned by the ASA in 2021. There is little reliable evidence that nicotine has any performance-enhancing benefits in sports, but a report by Loughborough University in May 2024 found that one in five 5 professional footballers in England currently use nicotine products and that two in five have used nicotine products at least once. UK survey data shows that nicotine patches are becoming increasingly prevalent in the UK. In 2020, a survey of the UK showed that 2.7% of people had tried nicotine patches, but that had essentially doubled by 2024 to 5.4%, with an increase in popularity among young people, which shows increased awareness among young people; shop displays, bus banners and social media promotion are making them more and more of a problem among young people. Does this matter? Well, of course being addicted to something one does not want to be addicted to does matter, but what health issues might be caused by these nicotine pouches? According to the impact assessment for the Bill, “a recent scoping review, found that oral nicotine pouches claimed to be less toxic than cigarettes and deliver comparable nicotine, although data was mainly available from industry funded studies. Despite potentially lower toxicity than cigarettes, oral nicotine pouches still contain nicotine, which” is still addictive and still “can have harmful effects. A systematic review considering the harmful effects of nicotine found nicotine to adversely affect various systems within the body including the cardiovascular, renal, respiratory and gastrointestinal systems, it has also been shown to be a carcinogenic.”

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  Is the Minister aware of any retailers on the parliamentary estate at the moment that actually do sell any tobacco or cigarette products?

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  I know that the Minister enjoyed grandstanding about equality, but I am not sure that he actually answered the question. Clause 160 talks about consequential amendments, and one question that I asked him about clause 159 was whether it would have the effect that he says it will. It says: “To the extent that this Act or regulations made under it would not…apply in relation to the Parliamentary Estate, they do so apply”, but it does not include the Health Act. As there are consequential amendments in clause 160, would there need to be a consequential amendment to the Health Act? It is that Act, as amended, that provides for the regulations in relation to smoking.

• 30 Jan 2025 · Tobacco and Vapes Bill (Fifteenth sitting) · Hansard source

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  I thank the hon. Gentleman for that important intervention. He is absolutely right that these items are a huge danger to the environment, and it is sad when we go to parts of our world that are still not well explored, such as the Mariana trench, and find evidence of damage caused by the human race, such as plastic pollution. Although I have huge sympathy for people who have become addicted to nicotine and find it difficult to quit smoking, there is no excuse for the litter that it creates all over our beaches and our urban and rural areas. Cigarette filters are neither biodegradable nor effectively recyclable. They are made, as I said, primarily from cellulose acetate—a plastic material that does not biodegrade. Even after two years of decomposition, cigarette filters will have lost only about 38% of their mass, and the remaining material continues to persist in the environment. During that time, filters leach harmful substances, including heavy metals and toxic chemicals such as arsenic, that have been inhaled through the filter and into the surrounding environment, further contaminating soil and water sources. Cigarette butt waste has been shown to impact marine and coastal environments. Studies have demonstrated that cigarette filters affect the micro-biodiversity of coastal sediment and that they pose harm to marine animals that ingest them. That is a growing concern, as the hon. Member for Winchester said, as plastic waste continues to accumulate in the ocean, harming wildlife and disrupting ecosystems. The Ocean Conservancy’s international coastal clean-up has, over the course of 32 years, collected more than 60 million cigarette butts from the ocean. Although that sounds like a lot, that accounts for just 0.00001% of all cigarette filters thrown away in a single year, so this is a difficult thing to clean up. Despite the growing awareness of the environmental impact of single-use plastics, cigarette filters have not been subject to the same regulations as other plastic products. For example, the European Union banned many forms of single-use plastic in 2019, but cigarette filters were not included, leaving a significant loophole. As cigarette consumption remains widespread, the environmental impact of the filters continues to grow. In October 2024, Santa Cruz county in California became the first jurisdiction in the world to approve a ban on filtered cigarettes and cigars. One of the questions I have for the hon. Member for Dartford who tabled the new clause—he sadly is not here—is why he has chosen to use the 1990 Act. The previous Conservative Government banned a number of single-use plastics on the basis that they were harmful to the environment, that there were non-plastic, more environmentally friendly and more suitably priced items available, and that it would help to improve the environment, which is a very good thing. However, one of the reasons for introducing those bans through secondary legislation under the 1990 Act was that there was not an opportunity to do so in primary legislation, because of the time constraints of the parliamentary calendar. The Minister has talked about getting time for primary legislation already. This Bill is a piece of primary legislation, and to add cigarette filters to it only requires the Government to write in clause 1 “and cigarette filters too”, and to make consequential amendments through the Bill on that basis. I agree with the principle that cigarette filters are a bad thing for the environment, and they are not good for people’s health, but I am not entirely sure why the 1990 Act is being used and why the Minister has not included filters in clause 1 and consequentially throughout the Bill. Perhaps he can tell us in winding up.