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External press release from @campaign100k
 
Fatal Motion Tabled In House Of Lords To Stop E-Cigarette Regulations 
 
A member of the House of Lords has today tabled a “fatal motion” designed to stop harsh restrictions on e-cigarettes becoming law. The provisions of Article 20 of the Tobacco Products Directive, which come into effecttomorrowFriday, will be suspended if peers agree to the motion. (Order Paper)
 
It has been proposed by Lord Callanan who in 2013, as then leader of the ECR group in the European Parliament, led the successful vote by MEPs to prevent compulsory medicinal regulation of e-cigarettes. His move comes after the planned regulations came under intense criticism in a debate in the Lords last week.
Lord Callanan’s motion gives the Government the opportunity to address the remaining problems with the legislation. 
 
These include the: 
 
Ban on stronger nicotine e-cigarettes: Department of Health officials have said that this risks pushing vapers back to smoking. Some 252,000 vapers currently use the higher levels of nicotine which will be banned. 
 
Ban on most advertising: the Department of Health estimates that 90% of e-cigarette advertising will be banned. However, last month the Royal College of Physicians called for e-cigarettes to instead be promoted “as widely as possible” as increasing numbers of smokers falsely believe that vaping is as dangerous as smoking. 
 
Consumer advocates have welcomed the Parliamentary move: “the 2.8 million vapers in the UK will be thrilled if David Cameron takes this opportunity to remove the flaws in this EU regulation which would force so many vapers back to smoking,” said Sarah Jakes of the New Nicotine Alliance.
 
“Our network of shops are private sector stop smoking centres. The government estimates that the regulations could reduce the choice of products by 96%. It doesn’t take a genius to work out the consequences,” said Shayne Adams, of retail chain Flavour Vapour. 

Contacts:
Notes:
 
Numbers Vaping
  • 2.8 million vapers in Great Britain - up from 700,000 in 2012. (Ash Survey published 16 May 2016)
  • 9% of vapers (252,000 people) use higher strength nicotine (+20mg/ml) prohibited under TPD Ash Survey
Debate on E-Cigarette Regulation
  • The health minister said he wanted lax implementation of vaping rules. He hoped “enforcement will be more Italian than traditionally British” Lord Prior of Brampton Hansard transcript
  • The shadow health minister said it was “obvious that the Government themselves do not support them [the rules on vaping]” Lord Hunt of Kings Heath - Shadow Health Minister  Hansard transcript
Department of Health’s Impact Assessment   DH April 2016 
  • “There is a risk that due to the potential price increase and reduction of choice of e- cigarettes, people will choose to switch back to smoking” (paragraph 207) 
  • “if users can’t get the desired nicotine level from e-cigarettes they may switch to cigarettes” (paragraph 200)
  • the number of e-cigarette products on the market could fall 96% from 25,000 to 1,000 (Annex B page 74 )
  • the rules could reduce e-cigarette advertising by 90% (paragraph 176) 
  • “There is a risk that a black market will develop with potentially harmful e-cigarette products” (paragraph 208) 
Royal College of Physicians Report    RCP Report April 2016
  • "Promoting e-cigarettes... as widely as possible, as a substitute for smoking, is therefore likely to generate significant health gains in the UK” page 189 
  • forcing e-cigarette packaging to carry big health warnings is “illogical” - page 160 
E-Cigarettes Regulations of Tobacco Product Directive (Article 20) 
  • come into effect on Friday 20 May through these UK regulations
  • ban stronger e-cigarettes (nicotine above 20mg/ml)
  • ban e-liquid bottles above 10ml
  • ban e-cigarette ‘tanks’ above 2ml
  • ban most advertising