Local authorities are urging the Government to make forthcoming tobacco and vaping regulations as robust as possible to prevent manufacturers exploiting loopholes that could continue to attract young people to nicotine products.
The Local Government Association has backed proposals to tighten controls on the display, packaging and marketing of vaping and nicotine products. However, it has warned that poorly drafted regulations could leave gaps that manufacturers may use to maintain the appeal of products to children through branding, flavour descriptions and marketing tactics.
In its response to the Government’s consultation on tobacco and vape packaging, appearance and display, the LGA says regulations must be clear, enforceable and comprehensive if they are to achieve their intended public health outcomes.
The LGA has outlined several measures it believes are necessary to strengthen the proposed framework and make enforcement easier for councils and Trading Standards teams.
The association is calling for:
- A single national sell-by date for all new products affected by the regulations.
- A ban on codes, colours, numbers and invented names that can be used as alternatives to sweet or fruity flavour descriptions.
- Plain packaging requirements to be extended across all tobacco products, vaping products, herbal smoking products and cigarette papers, including filters, retail shelf labels and accessories.
- New packaging and flavour descriptor restrictions to apply equally to online product listings and vape-related smartphone applications.
- Mandatory waste disposal information on vaping products to reduce the risk of fires caused by discarded batteries in waste facilities.
- A single, consolidated set of regulations covering both tobacco and vaping products to simplify enforcement.
- The swift introduction of a retail licensing scheme to help local authorities identify and regulate retailers.
The organisation argues that without retail licensing, councils will face an additional inspection burden despite having no comprehensive register of premises selling tobacco or vaping products.
While supporting measures aimed at reducing youth vaping, councils have raised concerns about the financial implications of the new regulatory framework.
The forthcoming regulations under the Tobacco and Vapes Act are expected to increase responsibilities for local authorities, particularly around licensing and enforcement activity.
The LGA is urging ministers to ensure that any new duties imposed on councils are fully funded through a recurring settlement. It also wants local authorities to continue retaining income generated through fixed penalty notices and licensing schemes to support enforcement activities.
The association points out that Trading Standards services have experienced significant funding pressures in recent years. According to the Chartered Trading Standards Institute (CTSI), funding for Trading Standards has fallen by almost 50 per cent over the past 15 years, making it increasingly difficult for teams to tackle illegal sales and enforce complex regulatory requirements.
The LGA also stressed the importance of recognising the role vaping products can play in helping adult smokers quit tobacco.
As commissioners of stop smoking services across England, councils support proposals to exempt pharmacies from display restrictions. However, they believe the exemption should be widened to include local stop-smoking services and NHS inpatient and outpatient settings where discussions around smoking cessation regularly take place.
The association says any tighter controls on vaping products must be matched by continued investment in smoking cessation services to ensure adult smokers can access appropriate support.
Cllr Dr Wendy Taylor MBE, Chair of the LGA’s Health and Wellbeing Committee, said:
"Reducing the appeal and visibility of vapes, tobacco and nicotine products to children through tighter controls on flavours, packaging and promotion, is a vital step in tackling the concerning rise in youth vaping."
"But these measures will only succeed if they are straightforward to enforce, watertight enough to prevent manufacturers finding loopholes and flavour tricks to market products to young people, and backed by sustainable funding for Trading Standards services to tackle illegal sales and enforce new regulations."
"Vapes remain a useful tool to help adult smokers quit, which is why it is equally important that local stop smoking services receive the investment they need to support people to make that switch."
The debate highlights the balancing act facing policymakers: reducing the attractiveness of vaping products to children while preserving access for adult smokers looking to quit tobacco. For councils, the effectiveness of the new measures will depend not only on the strength of the legislation itself, but also on whether local enforcement services receive the resources needed to deliver it.
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