Vaping products - tightening rules on advertising and promoting: consultation analysis

12 Impact Assessment

12.1 Question 9a – Impact on individuals

The Scottish Government is committed to equality and ensuring that its policies lead to the creation of a fairer Scotland. The consultation welcomed views on the potential positive and negative impacts that the proposed policy would have on people on the basis of their: age, sex, race, religion, sexual orientation, pregnancy and maternity, disability, gender reassignment and marriage/civil partnership. Respondents were asked to provide evidence where available and comment on each characteristic individually.

Please indicate the impact the proposed policy would have on individuals.

Table A9a (Appendix A) provides the quantitative response to Question 9a.

The views of respondents are mixed:

• Over one-third of all respondents report that the proposals would have a positive impact on individuals (36.9%). Organisation respondents, including health organisations and local government, are more likely to report a positive impact than individual respondents.
• Half of all respondents report that the proposals would have a negative impact (50.5%). Individuals are more likely than organisations to report a negative impact. Among organisation respondents this includes the tobacco industry and vaping sector followed by other organisations.
• Only 3.4% of respondents report no impact. The remainder are unsure.

Some respondents note both positive and negative impacts in their qualitative feedback. This is the same for Question 9b and Question 9c.

12.1.1 Most comments do not mention protected characteristics

In terms of the impact on individuals, much of the feedback from respondents does not relate to the protected characteristics outlined in the Consultation Paper, except for suggesting a positive impact in relation to age (i.e. children and young people aged under 18 years). To a much lesser extent, impact in pregnancy also is mentioned.

12.1.2 Restating similar points

Much of the feedback from all respondents restates similar points raised elsewhere in the report and therefore these are not repeated here. This is the same for Question 9b and Question 9c.

12.1.3 A balanced approach

There is wide support across consultation responses, in particular from organisation respondents, for a balanced approach to ensure that certain populations groups are not disadvantaged by the proposed restrictions. All organisation sub-group respondents note that the proposals will impact different groups in different ways.

12.1.4 Age

The main positive impacts on individuals identified by respondents (e.g. some individuals, health organisations, local government) are to do with age. For example, these respondents note that there would be less visibility, availability, and exposure of vaping products among children and young people (as well as adult non-smokers).

12.1.5 Inequalities

Respondents, including health organisations, report that the proposals would improve health for individuals and lead to public health improvement in a wider sense. These respondents report that the proposals would help to reduce health inequalities in the long-term.

The vaping sector and tobacco industry feel that the policy changes may lead to an increase in the number of preventable deaths and worsen existing health inequalities. Further, the same respondents note that this may lead to an increased cost of smoking to the NHS and increased pressure on the NHS. The same respondents feel that the proposals may disproportionately affect vulnerable groups in society.

People living on low incomes are mentioned most often. This population group is considered by these respondents to be more likely to smoke and may not be able to afford to purchase effective harm reduction products and/or be likely to stop smoking cessation programmes early. Other groups were mentioned but with little detail of possible impacts.

12.1.6 Environmental impact

Some health and local government respondents report that the proposals would have a positive impact on individuals from an environmental perspective. For example, there is reference in the consultation responses to: reduced environmental impact (e.g. there is reference to the discard of disposable vapes and that these are not always disposed of correctly); and reduced exposure to second-hand vape aerosol.

12.1.7 Monitoring and evaluating impact

Wider feedback from health organisation respondents is that the impact of the proposed policy would need to be properly monitored through relevant surveys such as Scottish Schools Adolescent Lifestyle and Substance Use Survey (SALSUS) and health surveys and impact evaluated for effectiveness.

12.2 Question 9b – Socio-economic disadvantage

As stated in Section 12.1, the Scottish Government is committed to equality and ensuring that its policies lead to the creation of a fairer Scotland. The consultation welcomed views on the potential positive and negative impacts that the proposed policy would have on people living with socio-economic disadvantage. Respondents were asked to provide evidence where available.

Please indicate your view on the impact of the proposed policy on people living with socio-economic disadvantage?

Table A9b (Appendix A) provides the quantitative response to Question 9b.

The views of respondents are mixed:

• Around one-quarter of all respondents report that the proposed policy would have a positive impact on people living with socio-economic disadvantage (25.5%). Roughly the same proportion of individual respondents and organisation respondents had this view. Among organisation respondents health organisations are most likely to report a positive impact.
• Almost half of all respondents report that the proposed policy changes would have a negative impact (48.6%). Slightly more organisation respondents report a negative impact than individual respondents. Among organisation respondents this includes the tobacco industry and the vaping sector.
• A relatively large proportion of respondents “did not know” (19.6%).

12.2.1 Vulnerable groups

Many individual and organisation respondents acknowledge that people living with socio-economic disadvantage are among the most vulnerable groups in society.

Some respondents (e.g. some individuals, health organisations, local government) feel that these groups may be more receptive to the advertising and promotion of certain products, such as e-cigarettes. These respondents note that the proposed policy changes could help avoid this (e.g. lower visibility, lower levels of nicotine addition, lower risk-taking behaviour, improved health and wellbeing, financial benefit).

Other respondents (e.g. some individuals, health organisations, vaping sector, tobacco industry) report that cost may be a barrier for some people/population groups. These respondents note that access to vaping products as a smoking cessation aid needs to be affordable (e.g. discounted, free, prescribed) for those living in socio-economic disadvantage. These respondents also suggest that there needs to be appropriate advertising, so individuals continue to be motivated to move from tobacco use to alternative non-tobacco products to support stop-smoking attempts. These respondents also note that ready access to e-cigarettes to help quit is important for people living with socio-economic disadvantage as they can also find it harder to stop smoking.

The same respondents also report that the proposed policy could encourage continuation of cigarette smoking within socio-economically disadvantaged communities – they suggest that the weekly cost of cigarette smoking is significantly higher than the cost of vaping (e.g. increased financial burden to consumers, increased poverty, poorer health, more early deaths).

12.2.2 Impact review

It was noted that the Scottish Government should undertake an impact review to ensure people living with socio-economic disadvantage are not disproportionately affected by the proposed policy.

12.2.3 Environmental impact

Some health organisations note that the home environment would improve due to fresh air quality suggesting that this would have positive impact on individuals and children's health.

12.3 Question 9c – Communities and groups

As stated in Section 12.1 and 12.2, the Scottish Government is committed to equality and ensuring that its policies lead to the creation of a fairer Scotland. The consultation asked respondents to identify other communities or population groups who may be impacted by this policy proposal. Respondents were asked to consider both the potentially positive and negative impacts and provide evidence where available.

Please identify communities or groups who may be impacted by these proposals.

One-quarter of all respondents provide a response to Question 9c.

12.3.1 Communities or population groups

In many cases respondents simply mention a community or population group that may be impacted by the policy proposal and do not necessarily provide more detail.

12.3.2 Reiterating points raised earlier

Others reiterate points raised throughout the consultation, and these points have not been restated here.