Key Facts

• Clause 28 contains consequential amendments to existing legislation.
• Schedule 2 amends several acts two months after passage.
• Schedule 3 amends laws six months post-passage.
• Schedule 4 amends multiple pieces of legislation on January 1, 2027.
• Clause 29 grants the Secretary of State power to make regulations that may amend primary or secondary legislation.
• Clause 30 ensures enforcement applies to existing restrictions pre-new measures implementation.
• Clause 31 provides fixed penalty notices for breaches of age-of-sale restrictions.
• Clause 32 offers general transitional provisions for alignment with measure commencement dates.
• A 'tobacco product' is defined as a product consisting wholly or partly of tobacco intended to be smoked, sniffed, sucked, chewed or consumed in any other way.
• A 'vaping product' includes both devices and substances intended for vaporisation, whether containing nicotine or not.
• The definition of 'nicotine product' covers consumer nicotine delivery devices like nicotine pouches.
• The Bill defines terms such as “herbal smoking products”, “retail packaging” and “cigarette papers”.
• A study found that the number of adult smokers using menthol-flavoured cigarettes remained stable at 14% after the ban.
• Legal accessories like menthol-flavoured drops are marketed online, suggesting ways to circumvent regulations.
• Clause 35 defines “nicotine product” which could include nicotine pouches.
• The Tobacco Advertising and Promotion Act 2002 is being amended under clause 36.
• Clause 39 repeals section 5 of the Tobacco and Primary Medical Services (Scotland) Act 2010.
• Clause 40 repeals police powers in Scotland to confiscate tobacco products from suspected under-18s.
• The change aligns Scottish legislation with that of England and Wales.
• Scottish Ministers have power via secondary legislation to make amendments to devolved legislation.
• Any regulations amending primary legislation will be subject to the affirmative procedure.
• The clause aims to align definitions and close loopholes on the free distribution of nicotine products in Northern Ireland.
• Schedule 5 amends the Children and Young Persons (Protection from Tobacco) (Northern Ireland) Order 1991.
• Schedule 5 amends the Tobacco Retailers Act (Northern Ireland) 2014.
• The Bill sets a fixed penalty notice of £100 for England and Wales, compared to £250 in Northern Ireland.
• Amendments aim to introduce health warnings on cigarette papers.
• Proposes mandatory pack inserts with health information and quit messaging within six months of regulations being made.
• Averages show smokers take about 30 attempts before quitting successfully.
• Amendments 22 and 23 aim to introduce markings on cigarette papers.
• New clause 5 proposes mandatory health warnings on cigarettes and rolling papers.
• The policy was first proposed by Lord Young of Cookham in 1979.
• Professor Sir Stephen Powis considers the legislation as potentially the most important since the NHS Act 1946.
• The Government consulted on pack inserts until October 2023, but have not published their response yet.
• The proposed amendments aim to introduce pack inserts providing advice and support for smokers to quit.
• An evaluation in Canada showed that 26% to 31% of smokers had read the inserts at least once in the past month, increasing the likelihood of making a quit attempt.
• The Government's consultation on pack inserts ran from August to October 2023 and explored themes like health benefits and financial advantages of quitting smoking.
• Amendment 26 allows the Secretary of State to regulate the font used on retail packaging of vaping products.
• Amendments 39, 40, 41, 42, 43, and 44 introduce provisions requiring the Secretary of State to consider and consult with relevant parties before making regulations under specific clauses.
• Amendment 41 allows for changes to other features of vaping or nicotine products as set out in the TRPR 2016 section 36.
• New clause 10 enables amendments to sections 36 and 38 of the Tobacco and Related Products Regulations 2016.
• The amendment allows for permissive changes rather than requirements, ensuring generic product standards can be revised as needed.
• Vaping products have evolved significantly since the initial regulations were set in 2013 under the EU tobacco directive.
• New clause 10 seeks to amend regulations 36 and 38 of the Tobacco and Related Products Regulations 2016.
• Labour aims to prevent tobacco companies from exploiting loopholes in the ban on flavoured products.
• Current regulations do not cover issues like product appearance similar to stationery or environmental claims.
• The number of young people vaping has tripled in just three years.
• One in five children has used a vape.
• Children are attracted to vapes by brightly coloured packaging and child-friendly images.
• Children are attracted to fruit (60%) and sweet flavours (17%) in vaping products.
• Youth vaping has trebled in the past two years, with 7.6% of 11 to 17-year-olds regularly vaping.
• About 600,000 different vaping products have legally gone through the notification process in the UK.
• Clause 64 enables regulations for enforcement of packaging, flavours, and other requirements for tobacco, vape, and nicotine products.
• Future regulations can include enforcement provisions similar to existing tobacco and vape legislation.
• £30 million annual funding increase for HMRC, Border Force, and trading standards.
• Clause 69 sets out definitions including identification of tobacco products and retail packaging.
• Clause 70 defines a nicotine product to include devices other than vapes and tobacco products.
• The aim is to regulate emerging products such as nicotine pouches.
• Clause 71 provides regulation-making powers for notification requirements.
• Clause 72 allows amending information submitted when a vape is notified.
• Clause 73 permits exceptions to publish notifications, such as non-payment of fees.
• Clause 71 allows non-nicotine vapes to be included in MHRA’s notification scheme.
• Trading standards officers rely on the MHRA publication to identify illicit vaping products.
• Illicit vapes labeled as 0% nicotine often contain nicotine.