United Kingdom - Tobacco Reporter

Brexit Boosted Illicit Trade Conditions

The United Kingdom’s departure from the European Union has increased the risk of illegal tobacco trade, reports Wales Online, citing a new report by Public Health Wales (PHW).

For starters, Brexit had reduced the U.K.’s access to EU databases for identifying criminals and illicit activity across Europe, potentially reducing its ability to detect and prevent illicit trade. And while being outside the EU allows the U.K. to implement additional checks at its borders, this advantage could be undermined by the government’s proposed freeports in Wales. Featuring fewer checks and regulations, these facilities are designed to boost international trade but can also be exploited by criminals, according to PHW.

In addition, international trade agreements currently under negotiation have the potential to create new supply routes and opportunities for criminal exploitation, according to the report. Brexit also has the potential to shape the demand for illicit tobacco by increasing risk of unemployment in sectors highly exposed to trade and poorer mental health due to uncertainty. Stress and poverty are associated with higher rates of smoking.

“To effectively reduce the illicit trade of alcohol, tobacco and drugs in the U.K. and Wales and benefit population health and well-being, strategies will need to reduce both the supply and demand of these goods, and this will mean taking account of the potential impact of Brexit on both factors,” said Louisa Petchey, senior policy specialist at the World Health Organization Collaborating Centre at Public Health Wales.

“This includes understanding its impact on supply chains, border controls and law enforcement cooperation. It also means responding to the ways in which Brexit may have negatively impacted on health and well-being in Wales to decrease demand for these goods in the first place.”

June 15, 2023

Shipper Responsible for Tax on Stolen Cigarettes

JTI Polska is responsible for hundreds of thousands of pounds in excise duties on cigarettes stolen during transport, the U.K. Supreme Court ruled June 14, reports Law360.

Thieves took 289 cases from a JTI Polska vehicle parked at a U.K. service station during a trip from Poland to Jakubowski in the U.K.

Jakubowski sought to recover from JTI the excise tax of about £450,000 ($570 million) owed on the stolen goods.

The ruling in a similar case that determined which party pays the tax in the event goods are stolen remains valid, and there is no pressing reason to overturn it, the court said.

June 15, 2023

Imperial Suggests Steps to Tackle Youth Vaping

The United Kingdom should establish a new retailer licensing scheme to improve compliance, review flavor naming conventions to limit youth appeal and strengthen the regulations for online advertising and promotion, according to Imperial Brands.

The company made its suggestions in response to the Office for Health Improvement and Disparities’ (OHID) call on stakeholders to identify opportunities to reduce underage vaping while keeping e-cigarettes available as a quit aid for adult smokers.

In its consultation response, Imperial also suggested raising product quality and safety standards to ensure adult smokers can feel confident about transitioning to vape products, and working with industry to increase support to local authorities to tackle noncompliance.

“We welcome the opportunity to contribute to OHID’s call for evidence on youth vaping. Vape products should be used by existing adult smokers and adult vapers only—they should never be used by children,” said Oliver Kutz, general manager U.K. and Ireland at Imperial Brands, in a statement.

“Government, industry and enforcement authorities must work together to create a regulatory framework which both supports the important role vapes can play in helping adult smokers quit and prevents the appeal and access of these products to under 18s. We are proposing a series of measures to address product standards, flavor and naming regulations, and the retail environment. An integrated, multi-pronged approach is needed in order to drive out irresponsible actors and improve trust in this important product category.”

June 7, 2023

Labour: Generational Ban Upon Election

The U.K. will embrace a New Zealand-style generational tobacco ban if the Labour Party wins the next elections, reports the Daily Mail, citing a BBC interview with Shadow Secretary of State for Health and Social Care Wes Streeting.

In 2008, New Zealand passed legislation banning the sale of cigarettes to anyone born after 2008. The Act also slashed the number of outlets able to sell cigarettes and cut nicotine in cigarettes to nonaddictive levels.

Interviewed by BBC Radio 4, Streeting said he was keen to adopt a plan that would be workable if Labour won the next election.

“The question for me on the New Zealand-style smoking ban isn’t whether it’s desirable because I think in policy terms, and in terms of public opinion, interestingly, I think there is an appetite and a policy driver there to do it,” he said.

Ministers have previously set an objective for England to be smoke-free by 2030. An independent review by Javed Khan, ordered by former Health Secretary Sajid Javid, was published in August and recommended a series of actions to help eradicate smoking in England.

Khan warned that, without further action, England will miss the 2030 target by at least seven years, and the poorest areas in society will not meet it until 2044.

Smoking rates in the U.K. have fallen from about half of the population in the 1970s to around just 15 percent now.

May 17, 2023

Call for Action Against Noncompliant Vapes

The Chartered Trading Standards Institute (CTSI) has called for stronger actions against noncompliant vape products in the U.K., reports Convenience Store.

Stating that the rise in noncompliant products is “getting out of hand,” the CTSI has asked for “clearer direction from government” and greater resources to fight the noncompliant trade.

The CTSI has also suggested that manufacturers publish batch numbers of noncompliant products and introduce restrictions to stop youth vaping, including prohibiting cartoon characters or light-up vapes, restrictions on packaging colors and the promotion of vapes on social media platforms such as TikTok. The group also suggested looking at where the products are positioned in stores and increasing the sanctions available for those producers, suppliers retailers who don’t comply with the law.

Vaping industry representatives applauded the CTSI’s position. “We share the CTSI’s concern over the growth in illicit and underage vape product sales and fully support their call for more resources,” the U.K. Vaping Industry Association said in a statement.

“We also agree wholeheartedly that restrictions need to be explored to address youth vaping without impacting on adult smokers who wish to switch to vaping in order to quit their habits.

“That’s why we are leading the way in forming a Youth Access Prevention Taskforce to develop detailed proposals to deal with the situation, and these include on-the-spot fines of up to £10,000 ($12,176.32) per instance for retailers who are found to be selling to minors and for selling illicit products; a national registration scheme for all retailers, meaning only those outlets that meet qualifying criteria can legally sell vapes; and a national test purchasing scheme that will ensure constant monitoring of retailers’ selling vapes to ensure that they are not turning a blind eye to purchases involving minors.

“Critical to the success of our proposals will be a ramping up of enforcement, and this requires major funding in resources on the ground.

“By Trading Standards’ own admission, resources are sadly lacking, and the government needs to step in and look at this situation as a matter of urgency. Our proposals are designed to support this funding need as monies will be raised from the fines and registration scheme.

“We will be presenting our proposals to government and parliamentarians at the end of March.”

March 13, 2023

Forest Urges Freeze on U.K. Tobacco Duty

Smokers’ rights group Forest is urging the U.K. government to freeze excise duty on tobacco in its March 15 budget after a poll found that almost two thirds of respondents (65 percent) believe the tax on tobacco in the United Kingdom is already “about right” (38 percent) or “too high” (27 percent).

Only one in five (20 percent) of those asked think the tax on tobacco is “too low,” while 15 percent said they “don’t know.”

Conducted on behalf of Forest by Yonder, the poll follows a recent report that the cost of a pack of cigarettes could go up by £1.15 ($1.36) after the Budget, while a 30-gram pouch of hand-rolled tobacco could rise by £2, if Chancellor Jeremy Hunt decides to stick with the annual tobacco escalator of inflation plus 2 percent.

The poll also found that 62 percent of adults think that purchasing tobacco from the black market is an “understandable” response given the high cost of tobacco sold legally in the United Kingdom whereas only 22 percent of respondents believe this is not an “understandable” response. Sixteen percent said they “don’t know.”

The Chancellor should freeze duty on tobacco and give smokers a break.

Simon Clark, director, Forest

According to the survey, Brits also believe that the government has more pressing concerns than tackling smoking.

Asked to consider a list of 10 issues for the government to address in 2023, respondents said tackling the rising cost of household utilities such as electricity and gas is the most important priority (54 percent), followed by improving the health service by providing more beds, frontline staff and cutting waiting lists (48 percent), tackling inflation (40 percent), and addressing care for the elderly (32 percent).

Other top priorities included tackling climate change (28 percent), the housing shortage (26 percent), and helping businesses recover from the impact of the pandemic (17 percent).

Tackling smoking was bottom of the list (10 percent), alongside tackling obesity (10 percent), and tackling misuse of alcohol (9 percent).

“The chancellor should freeze duty on tobacco and give smokers a break,” said Forest Director Simon Clark.

“Raising the tax on tobacco not only discriminates against poorer smokers, it will drive more consumers to the unregulated black market.

“This is bad news for legitimate retailers and bad news for the Treasury which could lose billions of pounds in revenue if more consumers buy their tobacco from illicit traders.”

“Significantly, there is very little stigma attached to buying tobacco on the black market. In a cost of living crisis the public understands that many consumers will opt for the cheaper option, even if it’s illegal.”

March 8, 2023

U.K. Chancellor Rejects Single-Use Vape Levy

U.K. Chancellor Jeremy Hunt has rejected calls from health officials to introduce a new levy on single use vapes in the government budget due to be presented on March 15, reports the news outlet I.

The Department of Health and Social Care has been pushing for the new tax to crack down on underage vaping. The proposals are expected to be included in the government’s response to the Khan Review on smoking, but treasury sources told I that the new levy will not be included in the March 15 budget.

“Department of Health officials are keen, but it’s not going to happen,” a source told I.

Anti-smoking activists too have been urging the government to start taxing disposable vapes. “Increasing the tax on single use disposable vapes in the March budget would be easy to do and by making them less affordable could reduce both child vaping and the vast quantities of single use vapes being thrown into landfill,” Action of Smoking and Health CEO Deborah Arnott was quoted as saying.

“Adult smokers find vaping useful in helping them quit, and that’s something we support. However, in the light of the recent increase in child vaping, government action is urgently needed to tighten regulation and increase enforcement,” Arnott added.

U.K. ministers are reportedly contemplating a range of measures to discourage underage vaping. Among the plans under consideration are a ban on candy-flavored vaping liquids and a crackdown on colorful marketing that could appeal to youth.

Britain bans sales of vapes to anyone below the age of 18, but national surveys have shown an increasing trend of 11-17 year olds using the devices, with health leaders blaming the rise on the marketing and flavors associated with them.

March 8, 2023

U.K.: ‘Biggest Tobacco Tax Hike in History’

U.K. Chancellor Jeremy Hunt is planning the biggest tobacco tax hike in history, according to the Daily Mail.

A pack of 20 cigarettes will reportedly jump by £1.15 ($1.81), which is an increase of more than 15 percent.

Although cigarette duty usually rises with inflation, some smokers had hoped the Chancellor would put a hold on a jump because of such high levels of inflation.

Tobacco taxes raise almost £11 billion in taxes for the government, representing 1.2 percent of all tax revenue.

The U.K. hopes to reduce the share of smokers in its population to fewer than 5 percent by the end of the decade.

Earlier this year, a poll found a majority of Brits want an immediate ban on cigarette sales.

The findings could fuel the belief of some lawmakers and health experts that public opinion is approaching a “tipping point,” similar to when the U.K. ban on smoking in pubs, bars and restaurants was introduced in 2006 and 2007.

February 22, 2023

U.K. Supermarkets Stop Selling Elfbar Vape

U.K. supermarkets are removing Elfbar 600 disposable electronic cigarettes from their shelves after the product was found to contain higher-than-allowed volumes of nicotine e-liquid, reports ITV News.

“We have temporarily removed one Elfbar vape line from sale as a precautionary measure whilst the manufacturer urgently investigates these claims,” a Tesco spokesperson said.

Sainsbury’s followed suit with a spokesperson saying: “We are in close contact with our supplier and have temporarily removed the affected Elfbar product whilst they investigate further.”

Morrisons has gone a step further and has stopped the sale of the whole Elfbar 600 range.

“As part of our ongoing investigation into the legal compliance of Elfbar 600 disposable electronic cigarettes with Trading Standards, we have made the decision to remove all flavored variants from sale,” a spokesperson told ITV News.

“The products will only be returned to sale once stock that fully complies with U.K. legislation becomes available.”

The supermarkets acted after a Daily Mail investigation found Elfbar 600s to have at least 50 percent more than the legal limit for nicotine e-liquid. E-cigarettes bought at branches of Sainsbury’s, Tesco and Morrisons contained between 3 mL and 3.2 mL of e-liquid, when the legal limit is 2 mL.

Elfbar attributed the breach to accidental overfilling. “It appears that e-liquid tank sizes, which are standard in other markets [such as the U.S.], have been inadvertently fitted to some of our U.K. products,” a company spokesperson told the Daily Mail.

“We wholeheartedly apologize for the inconvenience this has caused.”

February 10, 2023

Call for Innovation to Facilitate Recycling

The U.K. Vaping Industry Association (UKVIA) is calling upon its members and the wider industry to innovate products that make them easier to recycle for the waste management sector.

The move comes as pressure mounts to ban single-use disposable devices.

On Jan. 3, upmarket supermarket chain Waitrose announced a complete withdrawal from the single use vapes market. “Selling single use vapes is not something we could justify given the impact on both the environment and the health of young people,” said Commercial Director Charlotte Di Cello.

While environmental campaigners applauded the move, vaping advocates said Waitrose could do more to protect both public health and the planet by instead refusing to sell combustible cigarettes, which are the world’s most littered item.

Just five days later, Scottish Ph.D. student Laura Young made national headlines in the U.K. when a video she posted on Twitter of her collecting 55 discarded disposable vapes while out walking her dog went viral.

Young, who goes by the Twitter handle @LessWasteLaura, gained public support when she posted two more follow-up posts and called for single-use vapes to be banned.

Following the publicity surrounding her anti-disposable campaign, the Scottish government said it was “considering the emerging issues around single-use disposable vapes’ and urged consumers to dispose of them responsibly.”

“We are working to find a waste management solution that minimizes the impact of vapes on the environment so they are seen for what they do best—helping adult smokers kick their habits.”

John Dunne, director-general, UKVIA

According to the UKVIA, as campaigns like this gain traction, it may be only a matter of time before regulators decide to look closer at the disposable sector of the vape market.

UKVIA Director-General John Dunne said that while the vaping industry recognizes its responsibilities to the environment, the recycling of vapes requires collaboration between adult vapers, retailers, manufacturers, the regulators and companies in the waste management sector, which are involved in the current producer compliance schemes under the Waste Electrical and Electronic Equipment (WEEE) regulations.

“Up to now, there has been genuine confusion amongst the vaping sector about their responsibilities under the WEEE directive,” said Dunne in a statement. “Earlier this year, the Institute of Environmental Management and Assessment alluded to uncertainty around whether regulations covered the type of batteries found in vapes and also questioned the recycling infrastructure in place to support the sector to be more sustainable.

“This is why we are working hard as an industry to find a waste management solution that minimizes the impact of vapes on the environment, particularly when it comes to single-use disposables, so they are seen for what they do best—helping adult smokers kick their habits and save the lives of millions as well as millions of pounds for the health service.”

January 16, 2023

Tag: United Kingdom