Tobacco and Vapes Act consultations
Want to know more about the next steps for implementation of the Tobacco and Vapes Act? Read about the UK Government and Scottish Government consultations and keep an eye out for upcoming publications.
Open consultations
Consultation on packaging, appearance and display of tobacco and vaping products
Views were being sought on proposals aimed at restricting the appearance of tobacco, vaping and nicotine products and how they are packaged and displayed in shops in Scotland to make them less enticing to children and young people.
This consultation is now closed.
Our views
ASH Scotland supports several of the UK Government’s proposed measures in the consultation to prevent nicotine addiction and protect the health of children and young people and, in some areas, we are calling for more robust, bolder restrictions.
Making heated tobacco and nicotine product devices less attractive
The UK Government proposes to make devices look less attractive. Heated tobacco devices would be limited to a dull brown colour, with little branding or decoration, and vapes and nicotine products would also face tighter rules with colours allowed only in black, white or grey and a matt finish. Bright lights and flashy designs would also be banned. Vapes and heated tobacco devices would be prevented from being made to look like everyday items such as pens, toys or drinks bottles.
ASH Scotland agrees that heated tobacco devices should be a dull brown colour with a matt finish, with no cosmetic lights, no branding except a plain brand name, and screens that can only show basic safety or battery information in black and white. We are calling for the restrictions to go further than the proposal by also requiring vapes and nicotine pouches to be a drab dark brown colour. We agree these devices must not include bright colours, flashy lights and gadget-style designs which attract children and young people, and must not be made to look like everyday items that can be easier to hide from parents and teachers.
We strongly urge the UK Government to go further than its current proposal to restrict the descriptions of flavours In vapes and nicotine pouches to one word by implementing a full ban of all added flavourings, including sweet and fruit flavours, which particularly appeal to children and young people. This more robust measure would remove toxic chemicals in vape flavourings that have not been safety tested for inhalation and can damage children’s developing lungs.
Hiding tobacco and nicotine products in shops
The UK Government proposes that shops should keep vapes, nicotine pouches, heated tobacco devices and herbal smoking products out of sight in the same way that cigarettes are currently covered and hidden behind counters.
ASH Scotland supports keeping tobacco, heated tobacco, herbal smoking products, vapes and other nicotine products such as nicotine pouches out of sight in shops. It would make trading standards enforcement and understanding of the new rules for retailers easier if all tobacco and related products are covered by the same regulations.
Scotland's public health consensus aligns with the World Health Organization’s precautionary approach of only medicinally approved products should be recommended for smoking cessation. No vape has been licensed anywhere as a medicinal product and WHO’s clinical guidelines on smoking cessation are clear that there is not enough evidence to recommend e-cigarettes as quit smoking aids.
Making tobacco and nicotine products packaging less appealing
The UK Government proposes to make the packaging of all tobacco products dull and uniform, like already happens with packets of cigarettes. This would mean packaging for cigars, pipe tobacco, herbal smoking products and heated tobacco devices would all have the same drab dark brown colour with no fancy branding. Packaging for vapes and nicotine products would need to be black, white or grey, with strict limits on pictures, logos, and colours to make them less appealing to children.
ASH Scotland supports extending plain packaging to all tobacco products, heated tobacco devices, herbal cigarettes, and cigarette papers using the same drab dark brown colour as cigarettes. We support adding picture and text warnings to these products, plus encouraging quit messaging inserts. We agree with restricting the branding, colours, shapes and flavour names of vapes and nicotine pouches but call for the packaging to also be restricted to drab dark brown.
Notice periods for businesses and manufacturers to adapt to new tobacco and nicotine restrictions
The UK Government proposes that retailers should have six months to make changes to shop displays and manufacturers have 12 twelve months to make changes to packaging and device designs.
ASH Scotland calls for the notice periods for those adaptions to be no longer than six months. The tobacco industry has had years of advance notice that stricter regulations were coming, so additional time to make those changes are unnecessary.
We also call for trading standards teams to be funded appropriately to undertake additional enforcement duties to ensure compliance with the new regulations from day one
Read our comments welcoming the consultation launch here.
The tobacco industry
Learn about the importance of WHO's FCTC Article 5.3 in preventing tobacco industry interference in the development of health policies.
Smoking harms
Tobacco is the biggest cause of cancer worldwide. Find out more about the harms of smoking.