All proposed legislation in the UK is subject to public consultations. The purpose of the consultations is to gauge public opinion and to give both the public and experts the opportunity to point out flaws in the proposals and potential unintended consequences.
Public consultations should lead to fairer and more effective legislation.
They don’t!
Anyone who has ever read or contributed to a public consultation will know that the issues raised during the process tend to be completely ignored by both Westminster and the devolved governments. As does public opinion. The results are often inadequate and ineffective laws riddled with loopholes that don’t solve the problem at hand.
In choosing a headline for this piece, “Here We Go Again” sprang to mind!
Despite warnings regarding the potential negatives of a disposable vape ban and the need to put measures in place to mitigate them, the government pressed ahead with the ban. It took no steps to address the potential issues raised during the public consultation that would be caused by such a ban. Neither did the government foresee that the ban simply wouldn’t work.
Now, the very issues raised during the public consultation are rearing their heads. And no, the ban isn’t working.
What was the aim of the ban?
The disposables ban aimed to make vaping less attractive or accessible to children. It was also intended to reduce the impact of vaping on the environment.
Let’s make a few things perfectly clear. We have always believed that disposable vapes represented poor value for vapers and we certainly don’t approve of polluting the planet.
Batteries were definitely causing numerous fires at waste handling facilities because disposable vapes were rarely disposed of responsibly. The devices were also adding considerably to the volume of waste plastic generated. It is estimated that up to 5 million disposables were being discarded every week.
We also agree that measures should be taken to address youth vaping.
But simply banning disposables was never going to solve any of the issues related to the devices and was always going to deliver unfortunate consequences.
Vapers could return to smoking
Fact: Complexity is a barrier to adoption. The more difficult it is to access something, the less people will use whatever it is.
Disposable vapes were convenient and accessible. Vapers are generally nicotine addicts. Remove the most convenient nicotine delivery system and some vapers will inevitably return to the next most accessible delivery system – cigarettes.
A report from the Future Health Research Centre has revealed that 12 per cent of disposable vape users say they will switch from vaping to smoking. The disposable vapes ban could see as many as 200,000 people return to smoking. It is worth noting that it was generally younger people that tended to favour disposables.
It’s too early to say just how many vapers will start smoking again, but the report’s findings are less than encouraging.
Proliferation of illegal vapes
History would suggest that when an appealing and popular option is banned, illegal versions proliferate and guess what?
The BBC has reported that seizures of illegal vapes by local authorities had risen dramatically even before the ban. Illegal vapes are likely to become increasingly problematic now. Trading Standards in the various local authorities lack the funding to properly police illegal and often dangerous products.
The disposable vapes ban could do little to reduce the use of disposable vapes and simply line the pockets of rogue traders.
Manufacturers circumvent the system
Those who have been vaping for some time will recall the introduction of EU’s Tobacco Products Directive. This featured a variety of regulations and restrictions. Perhaps the most prominent of these concerned e-liquids containing nicotine. The directive dictated that bottles of these e-liquids could contain no more than 10ml.
Manufacturers promptly took advantage of a loophole in the law. Nicotine-free e-liquid could still be sold in larger volumes. Hence the introduction of shortfills which were nicotine-free but to which nicotine shots could be added.
We arrived at the ludicrous situation where vapers could purchase 100ml of juice together with nicotine shots and everything was supplied in the same package. All vapers needed to do was add the shots to the e-liquid bottle.
Unsurprisingly, the e-liquid manufacturers have found a way around the disposables ban. Many have introduced rechargeable pod vape kits that feature a 2ml prefilled pod and an 8ml or 10ml prefilled reservoir that automatically tops up the pod.
This new type of device, often referred to as a big puff, offers even greater convenience than disposables thanks to the larger volume of e-liquid. The vapes tend to look just like the disposables produced by the brands concerned. The new Lost Mary devices are good examples of lookalikes.
Despite the new vapes being rechargeable and compatible with replacement pods, research indicates that many of them are being discarded. In other words, they are being treated as disposables.
Conclusions
Ill-conceived and unenforceable, the ban on disposables has achieved little in the way of positive outcomes and could prove to do more harm than good.
The latest pod systems offer even greater convenience than disposables and are being cast aside as if they were disposables.
If kids want something they will find a way to get it. This could mean that youngsters turn to the black market and invest in potentially dangerous devices.
Adults will certainly find ways to get what they want.
Local authorities and regulatory bodies lack the capacity to enforce the law and capture all illegal products.
A disturbing number of people could quit vaping and return to smoking.
Insufficient guidance has been provided regarding recycling and alternatives to disposables.
