UK takes action on youth vaping: tackling illegal sales and marketing

On May 30, the UK government announced decisive action to address the alarming rise in youth use of e-cigarettes, declaring measures to close loopholes that allow retailers to provide free e-cigarette samples to children.

Concerns have been raised about the eye-catching designs and appealing flavors of e-cigarettes, making them particularly noticeable on grocery store shelves.

Prime Minister Rishi Sunak expressed deep concern over the increasing prevalence of e-cigarette use among teenagers, emphasizing shocking news today, as revealed by a recent BBC survey, that schoolchildren are accessing illegal e-cigarettes containing harmful substances like lead.

In an official statement from the health department, Sunak deemed marketing and illegal sales of e-cigarettes to children completely unacceptable.

The statement cited a 2023 survey conducted by the public health charity Action on Smoking and Health (ASH), which found that 40% of teenagers aged 11 to 17 admitted to using e-cigarettes out of curiosity, while 20% mentioned peer pressure as a reason for their behavior.

This issue extends beyond the UK's borders, as selling e-cigarettes to individuals under 18 is already illegal in the UK. In the United States, an estimated 2.55 million middle and high school students reported using e-cigarettes in early 2022, raising concerns among health officials.

Chief Medical Officer Chris Whitty emphasized the importance of encouraging smokers to switch to e-cigarettes as a safer alternative while also combating marketing and sales of e-cigarettes to minors.

In addition to closing sampling loopholes, the UK government has committed to reviewing regulations regarding fines for retailers selling e-cigarettes to individuals under 18. The aim is to make it easier for local authorities to issue on-the-spot fines and fixed penalty notices to swiftly address violations.

These initiatives underscore the government's commitment to safeguarding the welfare of young people and ensuring that e-cigarettes remain a responsible, adult-oriented activity. By cracking down on illegal sales and tightening regulations, UK authorities are taking proactive steps to mitigate the risks associated with youth vaping and protect the health of the nation's youth. (Translated by Blue Hole)

Below is the announcement from the UK government website:

According to the new plan announced by the Prime Minister today to combat youth vaping, the loophole allowing retailers to provide free e-cigarette samples to children in England will be closed.

Previously, the latest NHS data from 2021 showed that 9% of children aged 11 to 15 used e-cigarettes, up from 6% in 2018.

While selling e-cigarettes to individuals under 18 is illegal, the recent rise in youth vaping rates and the surge in the use and promotion of cheap, colorful products indicate that businesses are targeting children, prompting today's action to combat this.

The government also announced today that it will review the ban on retailers selling nicotine-free e-cigarettes to individuals under 18. This will ensure that our rules align with the use of e-cigarette products.

Prime Minister Rishi Sunak said:

"I am deeply concerned about the sharp rise in the number of children using e-cigarettes and shocked by today's news regarding illegal e-cigarettes containing lead falling into the hands of schoolchildren."

"Our new illegal e-cigarette enforcement team—backed by £3 million—is addressing this issue, but clearly, more work needs to be done. That is why I am taking further action today to crack down on rogue companies providing these products to our children."

"Marketing and illegal sales of e-cigarettes to children are completely unacceptable, and I will do everything in my power to end this practice for good."

Chief Medical Officer Chris Whitty said:

"While e-cigarettes are an effective quitting tool for smokers, it is crucial not to encourage non-smokers to start using them. The rising number of children using e-cigarettes is particularly concerning, with companies clearly marketing these products to children using colors, flavors, and cheap disposable options."

"Closing the loophole that allows companies to provide free samples of e-cigarette products to individuals under 18 is a very welcome step in addressing some of the harms caused by the e-cigarette industry."

"We should continue to encourage smokers to switch to e-cigarettes, as they pose lower risks, while preventing marketing and sales of e-cigarettes to children. We will also review the rules regarding fines for stores illegally selling e-cigarettes to minors to allow local trading standards to more easily issue on-the-spot fines and fixed penalty notices. This aims to complement existing fine and penalty procedures and, where possible, cover illegal and underage sales of e-cigarettes and tobacco. We will take action to close gaps where they are identified."

Health Minister Neil O'Brien said:

"The shameful marketing of e-cigarette products to children has led to more and more young people trying e-cigarettes. Therefore, today we are intensifying our efforts to prevent children from becoming addicted to e-cigarettes, including measures to crack down on companies providing free e-cigarette samples to children under 18 and introducing lessons on the health risks of e-cigarettes into the curriculum for the first time."

"We will also review the regulations regarding on-the-spot fines for stores illegally selling e-cigarettes to minors and explore banning the sale of nicotine-free e-cigarettes to individuals under 18—we know this can be a gateway to using nicotine products. In addition, our newly established dedicated 'illegal e-cigarette enforcement team' will also crack down on online stores selling illegal e-cigarettes to children under 18."

"This is based on last month's announcement of actions to protect our children's health and address the issue of youth vaping while harnessing the potential of e-cigarettes to help adult smokers quit."

Gillian Golden, CEO of the UK Independent Vape Trade Association, said:

"For years, selling products to individuals under 18 has been illegal, as has proxy purchasing. Those who ignore the law tarnish the reputation of reputable retailers who comply with strict age verification protocols. We welcome the planned review of nicotine-free products under existing rules and look forward to continuing to support enforcement agencies in combating illegal trade and illegal products."

"The loophole allowing free samples to be distributed to consumers of any age is something no self-respecting business should consider exploiting. IBVTA appreciates the announcement that such activities will soon become illegal."

"While the increasing exposure of young people to e-cigarettes is concerning, it is encouraging that the government continues to recognize the important role e-cigarettes play in reducing adult smoking rates."

Joe Murillo, Chief Regulatory Officer of Juul Labs, said:

"We welcome the steps outlined by the UK government today to combat youth vaping. E-cigarettes can play a role in helping adult smokers move away from cigarettes, but more work is needed to combat underage use of these products."

"We believe that the government, regulators, and the industry can work together to reduce the use and appeal of e-cigarettes to minors, including restricting the sale and marketing of e-cigarettes to this group."

In a recent 2023 Smoking and Health Smokefree Youth Survey targeting teenagers aged 11-17, two-fifths of young people reported that they tried e-cigarettes just to see what it was like, and about one-fifth said they started using e-cigarettes because others were doing it.

This is why schools will also take action to ensure that dedicated police school liaison officers across the country are using new resources to keep illegal e-cigarettes out.

As part of the ongoing RSHE review, the health risks of e-cigarettes will also be included in the Relationships, Sex, and Health Education (RSHE) curriculum to further deter children from vaping.

The new plan today follows last month's announcement of £3 million funding to create a dedicated illegal e-cigarette enforcement team to implement rules regarding e-cigarettes and combat illegal e-cigarettes and underage sales. This team will work with enforcement agencies and learn from the government's work on illegal tobacco trade standards, and will also address online stores selling illegal e-cigarettes to children under 18.

The evidence gathering on youth vaping initiated last month will be built upon by today's actions, through research into the appeal of e-cigarettes and evidence of their marketing and promotion (including on social media) to identify opportunities to reduce the number of children exposed to and using e-cigarette products—and explore how far the government can go. This will remain open for submissions until June 6, 2023.

Today's school measures will be based on new content released in October 2022 on the potential risks of youth vaping on the FRANK and Better Health websites, for which we have provided input into educational resources created in partnership with organizations including the PSHE Association.

Our Office for Health Improvement and Disparities is also developing a new vaping resource pack for schools to be used by children aged 11-13. The youth education resources will inform them about the addictive nature of nicotine and the evidence that young developing brains may be more sensitive to its effects. It will also inform them of other potential health risks while clearly distinguishing these risks from the known serious health harms associated with smoking. This will be available through the Better Health School Zone website by July.

Schools will also have access to the Year 9 PHSE curriculum on the consequences of vaping through the PHSE Association website.

While the increase in illegal youth vaping is concerning, many addicted smokers find e-cigarettes to be an effective quitting tool. In April, we also announced a world-first national program that will provide nearly one-fifth of all smokers in England with e-cigarette starter kits and behavioral support to help them quit, as part of a series of new measures aimed at helping them quit as the government aims to achieve a smokefree ambition by 2030—reducing smoking rates from 13% to 5% or lower.