The Local Government Association (LGA) has warned that ‘loopholes’ exist in restrictions around vaping and nicotine products.

In a statement over the weekend, the LGA called for the Government to create new rules around vaping and tobacco to prevent companies finding ‘loopholes and flavour tricks’ that make products appeal to children.

While councils have expressed support for proposals to adapt the packaging and display of vaping and nicotine products, the LGA has cautioned that manufacturers could find ways to sidestep rules.

In its list of recommendations, the LGA includes a call for a single ‘sell-by’ date for new products, a ban on indicators of sweet or fruity flavour descriptors, the introduction of stricter plain packaging rules, and for tobacco and vaping rules to be merged into a ‘single, easy-to-enforce national set of regulations’.

It also advises that retail licensing is introduced promptly to strengthen enforcement, highlighting that a ‘new inspection burden’ will otherwise be faced by authorities that have no register of the premises.

Noting the new costs for councils that the Tobacco and Vapes Act produces, the LGA has urged the Government to see that the ‘new burdens are fully costed through a recurring settlement’.

Furthermore, it argues that councils should continue being able to keep the income from fixed penalty and licensing schemes to help carry out enforcement.

Finally, the LGA suggests that local stop smoking services should receive additional investment, while backing proposals for pharmacies to be exempt from display regulations – supporting efforts to assist adult smokers in switching to other products to aid quitting. 

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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.’

A Department of Health and Social Care spokesperson said: ‘This Government is committed to protecting children from the harms of tobacco, the risk of nicotine addiction and reducing the appeal of addictive vapes. Evidence suggests colourful packaging, prominent retail displays and child-appealing flavours are among the factors driving young people to take up vaping.

‘We unveiled plans to tackle this as part of a UK wide consultation and we will carefully consider all the responses.’