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

Organisation: The Federation of Independent Retailers (formerly NFRN) – Mo Razzaq - 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:

“We believe the proposed legislation is misleading as it is regularly presented as a way of protecting children from potential harm. It is already illegal to sell to children. What is needed is firstly the introduction of a licence similar to the ones needed to sell alcohol and tobacco. It is clear that some owners and untrained staff in outlets such as cafes and tanning salons have a hazy or casual approach to the law.

Secondly, police and trading standards officers need sufficient resources to pursue rogue traders on the High Street, in addition to black market sellers on social media, delivering direct to homes or street corners near school gates. Black market trading is significant but less visible - requiring adequate resources for detection and prosecution.

These two measures would curb sales to children and they would also ensure that vaping products comply with the law in terms of content. Alarmist media reports are often based on the impact of illicit vape imports with dangerous levels of toxic ingredients.

Vaping is demonised in many quarters despite the Chief Medical Officer in England saying vapes are 95% safer than tobacco. A ban on single use vapes which are more affordable than re-usable vaping products, may deter many smokers from moving away from tobacco.

As regards the environment, we believe better designed devices and a well designed deposit scheme - which some of our members operate of their own volition - would go a long way to addressing environmental concerns. The Federation of Independent Retailers is known for being a retail organisation supportive of well-judged measures to deter litter and preserve the earth's precious resources. It has been for example a leading supporter in principle of the deposit return scheme. (Its reservations centred on the design and implementation of the scheme.)”

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

“As suggested above:

We believe the proposed legislation is misleading as it is regularly presented as a way of protecting children from potential harm. It is already illegal to sell to children. What is needed is firstly the introduction of a licence similar to the ones needed to sell alcohol and tobacco. It is clear that some owners and untrained staff in outlets such as cafes and tanning salons have a hazy or casual approach to the law.

Secondly, police and trading standards officers need sufficient resources to pursue rogue traders on the High Street in addition to black market sellers on social media, delivering direct to homes or street corners near school gates. Black market trading is significant but less visible - requiring adequate resources for detection and prosecution.”