Key Facts

• Clause 10 provides regulatory powers for the Secretary of State in England, and Welsh Ministers.
• Clause 43 gives Scottish Ministers equivalent powers.
• The use of nicotine pouches is higher among younger adults, with just over 5% of 18 to 24-year-olds having tried one.
• Clause 7, 8 and 9 give flexibility to bring in regulations to amend clauses.
• Industry claims not to sell nicotine pouches to under-18s, but recent studies show increasing popularity among younger males.
• The long-term health harms of nicotine pouches are not fully known, with use by non-smokers likely associated with adverse health effects due to the nicotine.
• Hon. Members raise concerns about the availability of nicotine pouches for sale to under-18s.
• Clauses 61 to 63 grant powers to restrict flavours, packaging, and location in store for nicotine products.
• The Bill takes powers to bring forward age restrictions on sales without requiring further consultation.
• Clause 11 provides a power for restrictions on vaping product displays, packaging, and pricing.
• Data shows that one in five children has used a vape, tripling in just three years.
• A survey found that 80% of tobacco retailers supported prohibiting advertising and promoting vapes or requiring them to be behind the counter.
• Clause 11 aims to restrict the display of vaping and nicotine products.
• Vape devices are often displayed prominently in mini-marts and convenience stores.
• The government is considering regulatory powers to stay ahead of industry innovations.
• Suggestions for limiting minors' access to vape shops are being considered but face practical challenges.
• Restricted Premises Orders (RPOs) prohibit the sale of tobacco and vaping products on premises for up to 12 months.
• A persistent offender is someone who has sold tobacco or vape products to someone under-age at least twice within two years.
• Clause 56 amends the Tobacco Retailers Act (Northern Ireland) 2014.
• Clause 16 provides the power to issue restricted sale orders against persistent offenders.
• Clause 17 makes it an offence to breach a restricted sale order, punishable by an unlimited fine.
• The clauses are designed to provide trading standards with additional tools for enforcement.
• Clauses 19, 20, and 21 relate to the enforcement requirements of local weights and measures authorities in England and Wales.
• Local authority trading standards are granted comprehensive investigatory powers under clause 19.
• Clause 20 requires yearly consideration of a programme of enforcement for offences under part 1 of the Bill.
• Operation Joseph received £3 million in funding last year.
• Clause 22 provides a power for the Secretary of State to carry out enforcement instead of local authority trading standards.
• Clause 23 allows for taking over from trading standards the conduct of any legal proceedings relating to an offence under part 1 of the Bill.
• This replaces and is based on existing legislation.
• In 2022-23, national trading standards found that 20% of vape test purchases resulted in illegal sales.
• In 2019-20, half of councils reported selling cigarettes or tobacco products to under-age individuals.
• Stakeholders including the Association of Convenience Stores and Local Government Association agree £100 is too low for fixed penalty notices.
• The current fixed penalty notice proposed in the Bill is £100.
• Trading standards can issue fines of up to £90 for under-age alcohol sales, which serves as a comparison point.
• A swift escalation policy exists, including immediate court proceedings and business penalties.
• Fixed penalty notices allow trading standards to issue on-the-spot fines instead of escalating to court processes.
• Funds from fixed penalty notices must be used by local authorities to enforce tobacco and vape legislation.
• The Minister can change the amount of a fixed penalty notice through regulations.
• Clause 27 amends aspects of the Public Health (Wales) Act 2017.
• It aligns existing provisions on age-of-sale restrictions for tobacco products and extends these to cover vaping products.
• The Welsh Government supports this Bill and has pledged joint work with Westminster.