Draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 consultation: SG response – Responses from those with links to the tobacco industry

Organisation: The Scottish Grocers’ Federation (SGF) - Direct

Do you have any feedback on the draft regulations to prohibit the sale and supply of single-use vapes in Scotland? - Please give us your views:

“SGF welcomes the opportunity to contribute to the consultation exercise.

SGF promotes responsible retailing, and we support the objective of reducing use of Nicotine Vaping Products among younger people and protecting the natural environment from the impact of litter.

Convenience retailers have significant experience implementing robust measures to prevent underage sales. For example, using good practice, such as Challenge 25, and instore procedures such as a refusal register and till prompts. SGF also launched a campaign in October 2023, with members, to provide 1,000 free vape recycling bins to convenience retailers in Scotland, which will be delivered this spring. This is part of our campaign to support the acceleration of recycling points for used vapes in Scotland and builds on the significant progress that has already been made. We also recently provided Challenge 25 posters and an example refusal register to stores across Scotland, which were distributed to approximately 8,000 subscribers of Scottish Local Retail magazine.

Balancing the dangers of vaping to young non-smokers against the clear benefits of vaping to adult smokers is an exceptionally difficult public policy issue. SGF’s Healthier Choices, Healthier Communities campaign aims to send a clear message that if you smoke and wish to quit, then consider vaping, but if you don’t smoke, don’t vape. Healthier Choices, Healthier Communities: Reducing harm from smoking - SGF

Therefore, it is our view that single use vapes (including a choice of flavours that adult smokers use) are too critical to smoking cessation to restrict. Therefore, we disagree with the principle of the regulations and the implementation of a full ban on disposable vaping products, as set out in the Draft Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024.

Similarly, it is not clear how this regulation will in interact with policy and guidance across a number of regulatory areas, such as the Register of Tobacco and Nicotine Vapour Product Retailers. It may also contradict with established guidance for consumers across the UK. Such as advice provided by NHS England to use vaping products as a means of tobacco cessation (www.nhs.uk/live-well/quit-smoking/using-e-cigarettes-to-stop-smoking/ ).

In addition, we share our sector colleagues’ concerns that the short period of consultation is not cohesive to good policy development and meaningful engagement with industry. Undermining the value and attention to detail of the responses received. Likewise, we note the lack of a business impact assessment alongside the publication of these regulations. Confirming sector concerns that the Scottish Government does not consider business views and the wellbeing of the Scottish economy to be a matter of consequence relating to this policy area.”

Do you have any concerns about how these regulations would work in practice? - Please give us your views:

“Placing a ban or restriction on access to affordable single use vaping products risks an increase in cigarette consumption. NHS Scotland has previously said that:

“There is now agreement based on the current evidence that vaping e-cigarettes is definitely less harmful than smoking tobacco. Although most e-cigarettes contain nicotine, which is addictive, vaping carries less risk than smoking tobacco. Thus, it would be a good thing if smokers used them instead of tobacco”.

Evidence is now clear that too many young people are vaping. SGF is of the view that manufacturers and suppliers should rename and redesign the packaging of products to make them less appealing to children and young people, whilst not limiting their value as a cessation tool for adult smokers. We also note that leading companies have already reviewed and changed descriptors where there is a perceived appeal to children.

We recognise that disposable vapes present a difficult public policy balance between their place as a gateway to longer-term vape products, and the risk they present to the environment. However, on balance, [redacted] disagrees with the proposal to place an outright ban on disposable vapes.

As stated above, affordable, and easy access to vaping products is essential to those who wish to use vaping products as a cessation device and less harmful alternative to nicotine use.

In addition, restrictions on disposable vapes will inevitably and significantly fuel illicit trade in cheap and unregulated products. Fueling organised crime and harming the wellbeing of communities. This is already a major factor contributing to youth vaping and the environmental impact and we note that the current regulations are only enforced to a limited extent.

SGF have worked alongside Trading Standards and authorities across Scotland, to ensure full and active compliance with the regulations on the sale of tobacco products and e-cigarettes. Our updated retailers guide Regulations for NVPs and Tobacco Compliance in Scotland, is a refresh of our previous version published in 2016, is widely distributed by Trading Standards offices across the country, ensuring retailers are familiar with and understand the key elements of the laws currently in force. (Regulations for Nicotine Vaping Products and Tobacco Compliance in Scotland - SGF)

Although the Scottish Government has set a date for the ban to come into effect of 1st April 2025, as an industry standard, there should be a minimum implementation period of 12 months, after the required industry guidance has been published, based on finalised regulations, and appropriate frameworks have been established. This allows for unsold items to be processed through the supply chain, retailers to alter their stock and notify wholesalers and suppliers of their requirements, adjust store layout, amend digital payment software, change in-store notices and labelling, and raise public awareness/prepare customers regarding the changes.

The timeframe is a critical concern for our members.

Furthermore, we note a variety of concerns regarding the definition of the items included in the ban and the potential burden on distributors to determine which products are categorised as ‘disposable’ based on being potentially rechargeable/refillable.”