6 November 2024
The UK Tobacco and Vapes Bill has finally dropped. It’s a mixed bag of terrible, barely enforceable ideas and a few more interesting policies, such as the introduction of a vape licensing scheme. Most of the commentary has rightly addressed issues around cigarettes and vapes, but what does the bill mean for nicotine pouches?
No direct mention of nicotine pouches
Nicotine pouches are not directly mentioned in the 190-page report. However, that’s not to say the government overlooked the harm reduction product. Indeed, the bill uses broad language, such as “nicotine products,” which will encompass pouches.
Many novel products have evaded regulation precisely because they are novel. The government clearly wants the latitude to act quickly as new tobacco and nicotine products emerge on the market.
So, with this in mind, we can take a look at how nicotine pouches will be affected by the Tobacco and Vape Bill based on their classification as a nicotine product.
No sale to under 18s
Nicotine pouches don’t contain tobacco. As such, they were allowed to exist in a sort of regulatory grey area under general consumer product safety rules. This situation created what some commenters repeatedly called a “loophole, ” meaning those under 18 could buy the product. Whether this was actually happening or not was immaterial, of course.
Anyway, under Section 10 of the bill, it is now an offence to sell nicotine products to a person under 18 years of age.
No purchasing for under 18s
The bill also prohibits an adult from purchasing a nicotine product for someone who is under 18.
A level 4 fine is set at £2,500. So, it’s a power disincentive for anyone who buys pouches for those under the age limit.
No vending machine sales
The next relevant part for pouchers is Section 13, which prohibits the sale of nicotine products from a vending machine. This rule will carry a fine up to level 4 and target the premise rather than the machine provider.
A report this summer in Better Retailer suggested that British American Tobacco (BAT) planned to introduce nicotine pouch vending machines in UK pubs to sell its Vuse and Velo brands. BAT said these machines would use age-restriction technology to stop the sale of pouches to minors. However, the bill makes that irrelevant.
Display restrictions
Section 13 of the bill deals with retail displays for tobacco and nicotine products. In essence, there is no definite ban on displaying products. Rather, it gives power to the Secretary of State to decide if these products should face limitations in shop advertisement.
Failure to comply could see shopkeepers face a fine, a maximum penalty of two years in prison, or both.
No freebies or discounts
Many commentators have criticised nicotine pouch companies for offering free products at festivals and sporting events. The bill deals with this kind of promotional practice by prohibiting free samples. It also bans using heavy discounts to attract new users.
Retail licence
Finally, Section 16 requires anyone selling “nicotine products” to be licensed.
Not all retailers are delighted about the licensing scheme. For starters, it puts administrative and financial burdens between them selling products. However, without alternative solutions, it seems like a reasonable compromise to the problem of underage sales and the proliferation of illegal products on these shores.
We Vape Director Mark Oates recently highlighted this problem when he visited shops in Keir Starmer and Wes Streeting’s constituencies and managed to buy non-TPD-compliant vapes. Similar investigations into nicotine pouches have turned up tins with alarmingly high strengths, like 50mg.
Licenses will help professionalise the sale of nicotine products, and if they’re introduced in a manner that sends proceeds to Trading Standards, they will give these services the firepower to solve these issues. If that’s how we need to protect vapes and pouches for adults, then it makes sense.
In Summary
The Tobacco and Vapes Bill is not without consequences for nicotine pouch users, retailers, and manufacturers. The licensing scheme and the potential for restrictions on point-of-sale advertising could reduce adult access and awareness of the safest way to consume nicotine.
However, when compared to approaches taken in France, Germany, Belgium, and Holland, at least UK adults can still buy pouches in a convenience store. It’s a low bar, but beggars can’t be choosers.
Originally published on daily-pouch.com
https://daily-pouch.com/what-does-the-uk-tobacco-and-vapes-bill-mean-for-nicotine-pouches/
