A Consultation on Electronic Cigarettes and Strengthening Tobacco Control in Scotland: Analysis of Responses

Footnotes

1. http://www.gov.scot/Topics/Health/Services/Smoking

2. It is recognised that many e-cigarette companies have no connections with the tobacco industry. This applies to 2 of the 6 e-cigarette companies which responded to the consultation.

3. In that no particular service or department within the local authority had submitted the response.

4. The remaining response in this group was submitted by a children's service.

5. The consultation paper suggests the offence of selling an e-cigarette to someone under 18 is liable on summary conviction to a fine not exceeding level 4 on the standard scale, and if an offence is also applied to a person aged under 18 purchasing an e-cigarette, the fine would not exceed level 1.

6. The lesser penalty proposed for attempted purchase reflects the penalty for a person aged under 18 purchasing, or attempting to purchase, tobacco products.

7. Tobacco legislation sets out an offence for a retailer to sell tobacco products to under 18s, as well as an offence for a person aged under 18 to purchase, or attempt to purchase, tobacco products.

8. http://cap.org.uk/News-reports/Media-Centre/2014/~/media/Files/CAP/Consultations/ecig%20consultation/Regulatory%20Statement.ashx

9. Products licensed by the MHRA for use as medicines are subject to separate marketing rules from those applied to other consumer goods.

10. Internet advertising and promotion will be covered by the Tobacco Products Directive due to their cross-border effect.

11. The Scottish Government will be conducting a full Business and Regulatory Impact Assessment for the proposals which will be taken forward as part of the Public Health Bill.

12. http://www.tobaccoregisterscotland.org/

13. Under the legislation covering tobacco sales, if a retailer has been found to be in breach of tobacco sales legislation three times within a two year period (either through a fixed penalty notice or a criminal conviction) a local authority can apply to the courts to have the retailer banned from selling tobacco.

14. Medicines regulation is undertaken at UK level and is outwith the competence of the Scottish Parliament. These policy proposals would not apply to e-cigarettes which are licenced as medicines by the MHRA.

15. The proposal does include the option for the offence to be referred to court.

16. Including one respondent who had agreed at Question 22.

17. It is an offence for anyone aged under 18 to buy or attempt to buy, but not to use, tobacco products in Scotland.

18. Including one respondent who did not believe the measure should be introduced but nevertheless suggested a preferred approach in the event that it is.

19. Some work vehicles are already covered by smoke-free legislation, including the Smoking, Health and Social Care (Scotland) Act 2005.

20. http://www.nice.org.uk/Guidance/PH48

21. A small number of respondents selected more than one of a, b or c. If these respondents selected a and either or both of b and c, they have been included in the figures for option a. If they selected options b and c they have been included in the figures for option b.

22. The 'Take Seven Steps Out' campaign was run by Tobacco Free Futures (a social enterprise based in North West England) and Fresh was a dedicated regional tobacco control programme in North East England. The Scottish Government ran the 'Take it Right Outside' campaign.

23. These policy proposals would not apply to e-cigarettes which are licenced as medicines by the MHRA.

24. It is currently legal for a person aged under 18 to sell tobacco products. This policy proposal would introduce legislation for the sale of both e-cigarettes and tobacco by persons aged under 18.

25. The question did not offer an option for disagreement. The 'Not answered' figures may, therefore, combine both respondents who did not wish to answer the question and those who did not agree with either of the options listed.

26. When it is implemented by Member States in May 2016, the EU Tobacco Products Directive (TPD) will ban any advertising with a cross-border effect. This includes television advertising.

27. Registration on the Scottish Tobacco Retailers Register is free.