Advertisement of Vape Products (Regulation) Bill

A

BILL

TO

Prohibit the advertising of vape products

BE IT ENACTED by the King’s most Excellent Majesty, by and with the advice and consent of the Lords and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

Section 1: Definitions

(1) "Vape product" refers to any electric device used for the consumption of nicotine-containing vapour which is not registered as a medicinal product or medical device.

(2) “Refill container” refers to a container that contains a nicotine-containing liquid which can be used to refill a vape product and is not registered as a medicinal product or medical device.

(3) “Medical Device” has its definition given in the [Medical Devices Regulations 2002](The Medical Devices Regulations 2002 (legislation.gov.uk)).

(4) “Medicinal Product” has its definition given in the [Human Medicines Regulations 2012](The Human Medicines Regulations 2012 (legislation.gov.uk)).

(5) "Advertisement" refers to both the indirect and direct promotion of a product.

(6) “Printed Publication” refers to a physical publication produced for and made available to the public, including but not limited to newspapers, periodicals and magazines.

(7) “Electronic Advertisement” refers to any form of communication presented electronically with the purpose of directly or indirectly promoting a product.

Section 2: Prohibition of Vape Product advertising

(1) Any individual who publishes, or causes the publishing of, an advertisement promoting vape products or refill containers in the course of a business is guilty of an offence.

(2) Any individual who conceives or distributes, or causes the conceivement or distribution of, an advertisement promoting vape products or refill containers is guilty of an offence.

Section 3: Published advertisements

(1) It is an offence to, in the course of business:

(a) publish, or procure the publication of, a vape product or refill container advertisement in a printed publication.

(b) sell, offer for sale, or otherwise distribute to the public a printed publication containing an advertisement which promotes vape products or refill containers.

(2) No offence is committed under this Section if an advertisement is published in a printed publication which is printed outside of the United Kingdom and whose principal market is not any part of the United Kingdom.

Section 4: Digital advertisements

(1) In the course of a business, it is an offence to publish, or procure the publication of, an electronic advertisement promoting vape products or refill containers.

(2) It is an offence for any individual or relevant body to engage in the promotion or distribution of electronic advertisements which promote vape products or refill containers.

(3) Distributing an electronic advertisement includes participating in the transmission in electric form, and providing the means of transmission.

Section 5: Broadcasting of advertisements

(1) A relevant body commits an offence if it broadcasts, or causes the broadcast of, an advertisement promoting vape products or refill containers on television or on radio services.

(2) This Act does not apply to radio and television services which are:

(a) independent and regulated by the Office of Communications, and is not an additional television or sound service, both as defined in the [Communications Act 2003](Communications Act 2003 (legislation.gov.uk)).

(b) provided by the British Broadcasting Corporation.

Section 6: Exemptions

(1) No offence is committed if an advertisement is directly distributed as communication where it is:

(a) made in reply to an inquiry for information about a vape product.

(b) made in the course of business to an individual who is associated with the vape product trade, and has the responsibility of either:

(i) overseeing the purchase of vape products or refill containers for the business.

(ii) holding a management position of equal or greater seniority.

(iii) being part of the board or governing body responsible for the business conduct.

(2) Educational campaigns exclusively targeting professionals in vape product control or public health may be exempt to this Act subject to approval of the Secretary of State.

Section 7: Penalties

(1) An individual found guilty of an offence under this Act shall be liable to either, or both:

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding the statutory maximum.

Section 8: Commencement, Extent and Short Title

(1) This Act shall come into force six months after receiving Royal Assent.

(2) This Act shall extend to England only unless—

(a) a Legislative Consent Motion is passed in the Pàrlamaid na h-Alba, in which case it shall also apply to Scotland, or

(b) a Legislative Consent Motion is passed in the Senedd Cymru, in which case it shall also apply to Wales, or

(c) a Legislative Consent Motion is passed in the Northern Ireland Assembly, in which case it shall also apply to Northern Ireland.

(3) This Act may be cited as the Advertisement of Vape Products (Regulation) Act 2023.

This bill was written by the Rt. Hon. /u/BasedChurchill CBE MVO PC MP, Secretary of State for Health and Social Care, on behalf of His Majesty’s 33rd government, and takes inspiration from the Tobacco Advertising and Promotion Act 2002

Opening speech:

Speaker,

With a lack of awareness surrounding the true dangers of vaping, and its allure greater than ever, young people are adopting the habit at an exponential rate. This increasing prevalence amongst our young population is concerning and yet, despite studies, we still don't understand the full scope of potential implications. If we wish to safeguard the long-term health of our young people, we must address the issue proactively rather than continuing the myopic methodology of endless substitution, and whilst this bill does not resolve the problem single-handely, it’s an integral component of this government's plan to combat the pastime and disseminate awareness. I, therefore, urge all members across the House to support this bill and finally prohibit vape advertising at parity with tobacco.

This division will end at 10pm on 14th June