The Case Against Banning Vape Flavours

In a marathon session that went on for nearly 8 hours, the House of Commons fiercely debated and then passed the Tobacco and Vapes Bill, thereby giving themselves the power to ban flavours. Whether they will or not remains to be seen.

At the heart of this debate was not just the health of our nation’s youth, but also the rights of adults to enjoy a variety of flavours in their vaping products in a bid to quit smoking - a subject that merits a balanced, thoughtful examination.

Protecting Youth While Supporting Adult Choices

The argument to protect the health of young people is compelling and necessary. However, this does not require stripping away the choices available to adults who have turned to vaping as a viable alternative to smoking. During the debate, many MPs directly accused the vaping industry of specifically targeting children. While some disreputable manufacturers and retailers have undoubtedly engaged in harmful practices, the notion that flavours such as ‘Mango Ice’ are designed solely to entice children is as ridiculous as suggesting that flavoured alcohol such as cocktails or raspberry gin are specifically aimed at underage drinkers.

These flavours are not merely indulgences; they are a huge part of what makes vaping an attractive and viable alternative to smoking. The vast majority of adults prefer fruit over tobacco flavours. At DarkStar, we sell a wide range of different vaping flavours, almost all of which are fruit or fruit-based - yet our average customer is well above the age of 30. People do not turn 18 and suddenly decide that they no longer enjoy the flavour of blueberries. At DarkStar, we fully support the ban on disposables - they’re something we have never supported and never will. Despite years of pressure from competition, we’ve never compromised our position.

Another point we think worth making is that children do not necessarily start vaping because of flavour choices. Two MPs (Dame Andrea Leadsom and Sir Jake Berry) admitted during the debate that they started smoking at 14 and the fact that it was illegal didn’t stop them. Peer pressure and the perception of being ‘cool’ is what has driven teenagers over the years to take up smoking, and it is logical to predict that the case would be the same for vaping even if flavour bans were introduced and effectively enforced.

Logic-based Regulation

We understand that having a ‘Vimto-Breeze’ e-liquid displayed right next to the sweet section in a convenience store is extremely bad practice, but this is a retail issue and the regulatory solution should be targeted as such. Why not solve that problem with licensing and fines? 

Thankfully during the debate, several MPs highlighted this potential. 

This approach suggests a sensible middle ground, ensuring that these products are sold responsibly without resorting to outright bans on flavours. One astute speech by James Grundy advocated for enforcing the revocation of all of an offending retailer’s licences (that is to say, including their alcohol and tobacco licences) as well as issuing a £10,000 fine. In our view, this is a practical approach and would provide a massive disincentive for retailers to sell vapes to children.

Over-Regulation and its Unintended Consequences

A heavy-handed ban on flavoured vapes may seem like a straightforward solution to prevent youth vaping; however, this overlooks several critical aspects. Such bans could push the market underground, leading to unregulated sales and potentially more dangerous products that haven’t been rigorously tested and approved by testing authorities.

The reality is that black market activities would inevitably be a problem - enforcement is already an issue under the TPD/TRPR framework, with many companies currently getting away with selling non-compliant products. Trading Standards Offices across the country are regional, and each of them seem to enforce differently. In some areas, egregious breaches of current regulations are simply ignored, while in other areas businesses are subject to far greater enforcement.

Furthermore, flavoured vapes are a significant reason that so many smokers have transitioned away from more harmful traditional cigarettes. The idea of forcing these individuals to use unflavoured or tobacco-flavoured products is a huge step back in public health progress. The government’s current approach of lumping vaping in with smoking risks creating a public fear of vaping, giving people the false idea that they are as harmful as each other, which is far from the truth. Education to ensure that people understand the benefits of vaping over smoking should be a priority.

Innovation and Adult Preferences

The debate also touched on the importance of innovation within the vaping industry. Banning flavours could stifle the development of products that can offer a more appealing alternative to smoking. It’s a crucial point, so we will reiterate: we must recognize that adults who vape overwhelmingly prefer fruit and other non-tobacco flavours, and these choices must be respected and preserved!

An Appeal for Sensible Policies

As the debate unfolded, it became clear that some MPs do understand the complexity of the issues. There was acknowledgement by some of the simultaneous need to prevent youth vaping while not unduly restricting adult smokers looking for a safer alternative. It’s about finding policies that respect personal freedom; for adults to choose their path in reducing harm from smoking.

Conclusion

The lengthy debate in Commons reflects a society wrestling with how best to balance public health with personal freedom. As the bill moves to the next stage, the conversation is far from over. We know that smoking is responsible for 80,000 deaths each year in the UK, it causes 1 in 4 cancer deaths and it results in a 10 year decrease in life expectancy. We’re not sure that a ban on smoking is the right way to move forward, but we are sure that replacing smoking with vaping works, and that flavours are crucial in this endeavour.

If you agree with this article and the idea of preserving flavour choices for adult vapers, please share this with any publication or website that can influence the outcome. After all, informed dialogue is the cornerstone of effective and balanced policy making!

Sources:

Hansard: the Official Report of all Parliamentary Debates

The Department of Health and Social Care 

Angani Nankani, Bupa Clinics GP: BUPA