The Government’s own regulatory watchdog has reported that ministers’ plans to force vapes out of sight in stores could clash with their own policy of using such products to get smokers to quit, campaign group We Vape has highlighted today.
The Regulatory Policy Committee (RPC), which scrutinises the evidence behind any new regulations, spoke of the contradiction in a report sent to ministers.
Get the latest convenience news via whatsapp
The Government wants to ban vapes from being seen in shops, but it also promotes vaping as an effective smoking cessation tool through its Swap to Stop scheme. Since 2023, it has handed out vape starter kits for local stop smoking services.
The service spent £3.2m in 2023/24 on kits, and £17m in 2024/25. It confirmed up to £19m more has been made available for 2025/26, with kits capped at £40 each.
Display restrictions
In its report, the RPC stated the Department of Health and Social Care (DHSC) had not originally chosen a preferred display restriction option from four which were under consideration due to “the tension between restricting vape displays and the intention to continue promoting vaping as a smoking cessation tool.”
It added that the Government “should also consider the previous (tobacco) display ban post implementation review conducted by the department in more detail, especially as it did not recommend extending the ban to vapes.”
It also went on to add that the DHSC “should justify further why a different approach is now being taken.”
It follows the DHSC’s own impact assessment earlier this year, which admitted people could return to smoking as a result of the ban, but it didn’t know how many.
It also warned the move “could shift harm perceptions of vaping products, leading to individuals switching or trying more harmful products. It could also reduce the number of smokers willing to use vapes for smoking cessation.”
Pressing on
Despite the watchdog report in November last year, the DHSC pressed on.
It named the strictest of the four options as its preferred approach to the display ban, costed it and put it into the public consultation on packaging, appearance and display in July.
The new regulations propose vapes be treated like cigarettes - which are kept behind shutters - and shown only briefly from behind the counter when an adult asks.
It is also considering an exemption for community pharmacies. The other three options - one of which allowed customers to see vapes - were rejected.
The RPC’s opinion was only made public in August, some nine months after the DHSC received it and four weeks after the consultation had already opened.
Hiding products
In response, We Vape founder Mark Oates said: “One arm of the DHSC spends millions handing smokers free vapes to get them off cigarettes. Another wants to hide those same products behind shutters and admits in its own impact assessment that this could push people back to smoking.
“Before a single shop is forced to spend money on new gantries, ministers must publish a full answer to the RPC - why are they doing this, and how many smokers could be affected?
”There are serious questions about the purpose of watchdog reports…”
“There are serious questions about the purpose of watchdog reports, if it appears at any stage the details within are not being taken into consideration by ministers.”
The RPC cleared the department’s evidence as good enough to go out to consultation, on the understanding that its points - including the request to justify the different approach and to consider the previous tobacco display review - would be addressed.
The DHSC says responses are now being considered with no date set for a decision.
No comments yet