Pharmacists could find themselves “on the wrong side of the law” under tough new vaping restrictions, MPs in the UK have warned.
The upcoming Tobacco and Vapes Bill is set to “ban the advertising and sponsorship of all vapes and other nicotine products (such as nicotine pouches), mirroring impactful restrictions on tobacco,” according to the Department of Health and Social Care.
But MPs have now called for these restrictions on promotion to be urgently clarified so pharmacists don’t become criminalised for encouraging smokers to quit cigarettes using much safer vapes.
Vapes as a smoking cessation tool
Dr Caroline Johnson, Conservative MP for Sleaford and North Hykeham, called for amendments to the Bill – which passed its second reading in October – to protect pharmacists when promoting vaping as a smoking cessation tool.
During a debate among the Public Bill Committee last week, she said:
“I am keen to ensure the minister clarifies that a doctor… or other healthcare professional such as a pharmacist… will not find him or herself on the wrong side of the law for promoting vaping to individuals who smoke.”
Johnson, who is also the shadow health minister, expressed concerns that it could become harder for pharmacists to “provide and openly discuss vaping products… as a quit aid” if the Bill as it stands were to become law.
“It is important to consider how pharmacists and other health professionals will be able to have discussions with their patients or clients in which they may wish to say, ‘vaping is better for you’, and in so doing promote the process,” she said.
“I want the minister to assure the committee that he has considered the position of pharmacists and people who will legally be selling these products as a stop-smoking device… and made sure they will not be criminalised,” she told MPs.
While pharmacists “may not want to fall foul of the law”, opposition assistant whip Gregory Stafford added that they may want “to advertise vapes as a smoking cessation tool”.
But Labour MP for North Somerset and pharmacist Sadik Al-Hassan insisted that Johnson’s proposed amendments are “not needed”.
He said: “Current medicine regulations do not allow products to be advertised, but do not get in the way of smoking cessation clinics that currently take place at GP surgeries or pharmacies.
“In fact… [the amendments] could be used as a loophole for advertising by an industry that has been shown to be very successful at finding ways around legislation to increase market share and the numbers of smokers and vapers.”
Free vape starter kits
The latest concerns come after Community Pharmacy England announced in November that pilot pharmacies would offer smokers free vape starter kits to help them quit.
According to NHS data from April, community pharmacies have seen a 10 per cent rise in the number of people using them to start quitting smoking.
The Tobacco and Vapes Bill includes an “historic” generational ban on smoking and a major crackdown on vapes and other nicotine alternatives. As well as banning the advertisement and sponsorship of vapes, it sets out to restrict e-liquid flavours that are considered to have “youth appeal” or are “targeted at minors”.
This will include flavours like cotton candy, cola and dessert, but also fruit, which is the most popular among smokers switching to vapes.
Manufacturers of vapes will be required to use plain, “less visually appealing” packaging and shops will have to move them out of sight of children and away from products that might appeal to them such as sweets.
What’s next?
The Tobacco and Vapes Bill is currently in ‘Committee stage’ where it undergoes detailed examination.
It will then move to the Report stage, where MPs have the opportunity, on the floor of the Commons, to consider further changes. Following this, MPs get the chance to vote again at a third reading.
If the Bill passes these stages in the Commons, it then has to go through the same process in the Lords before receiving royal assent and finally becoming law.
