Consultation on the Vapour Products Bill 2023

Overview

Vaping devices, commonly referred to as vapes or e-cigarettes, heat up a vaping liquid or gel to create a vapour that you can inhale. Vaping liquids typically contains nicotine, but may be used to deliver flavoured products or drugs such as cannabis or Spice (a synthetic drug similar to cannabis).

Evidence points to vaping being considerably safer than tobacco smoking for established smokers, and vaping is presently the number one method for adult smokers to quit, or temporarily abstain from smoking.

However, UK evidence shows that 7% of 11 – 17 years olds in the UK occasionally or regularly vaped in 2022. While there is no Isle of Man specific data at present, the assumption is that young people use vaping devices and products on the Island to at least the same level as those in the UK given the Island’s cultural and economic similarities.  

We are seeing a rise in operational issues in schools and petty theft from shops in the Island, which is likely related to an increase in regular use of vaping products by young people. There are also public health concerns as to potential long term health risks of vaping by young people.

Officers in Public Health, the Office of Fair Trading (OFT), the Isle of Man Constabulary (IOMC), the Department of Education, Sport and Culture (DESC), the Department of Health and Social Care (DHSC) met to discuss these issues and how they may be resolved or mitigated.

Broader public concern led to questions being asked in the House of Keys as to when legislation would be introduced to provide age controls on the sale of vapour products (i.e. vaping devices and vaping liquids and gels).

In responding, Hon. Kate-Lord Brennan (Minister for the Cabinet Office) gave a commitment that a Bill would be introduced into the House of Keys by Easter 2023. This Bill would introduce such age controls and, potentially, provide for controls on vapour products that are banned elsewhere.

Following engagement with retailers and other public bodies, as well as research into the similar UK legislation, Public Health directed the drafting of the Vapour Products Bill 2023 (the Bill). 

The Bill has been drafted to:

• prohibit the sale or supply of vaping products and vaping devices to persons under 18 years of age
   
• place controls on how vaping products and devices may be displayed at the point of sale
   
• provide for regulatory standards for vaping products and
   
• for the enforcement of the controls set out in the Bill

Enforcement will be undertaken mainly by the OFT, in line with similar controls on tobacco. The Bill also provides for support for the Bill’s enforcement by officers in the IOM Constabulary and Isle of Man Customs and Excise.

As a consequence, the Bill is intended to:

• reduce the number of persons under the age of 18 that are using vapour products
   
• reduce retail theft of vapour products
   
• improve consumer safety standards, in line with standards in the UK and EU, for the benefit of adults using and consuming vapour products
   
• mitigate against the long term risk to public health, on a precautionary principle basis, posed by vapour products in alignment with the approach taken in the UK

The efficacy of this legislation will be monitored by Public Health via surveys undertaken before, and after, the legislation is brought into effect.

The purpose of this consultation is to gather views from the public on the regulatory controls proposed by this Bill, and to use those views to inform possible amendments to the Bill. The Bill, incorporating any amendments made following the consultation, will then be introduced for debate in the House of Keys and, subsequently, Legislative Council.

An early draft of the Bill is provided below under 'Related' for consultation purposes. Drafting revisions may be made in light of this consultation, and / or the requirement for any further changes identified for legislative or policy purposes.

Why your views matter

By responding to this consultation, you have an opportunity to inform the Isle of Man Government’s approach to regulating the sale and supply of vapour products.
 

How to respond

The deadline for responses is 23:59 on Sunday 29 January 2023.

Responses should be made via the Online Survey link below or in writing to:

Lauren Gray, Senior Health Improvement Officer
Public Health, Cabinet Office,
Cronk Coar, Nobles Hospital
Strang, Douglas
Isle of Man, IM4 4RJ

If you have any questions or wish for this consultation to be translated, please contact either of the following officers in Public Health:

• Lauren Gray (Senior Health Improvement Officer)
  Telephone: +44 1624 642693, Email: lauren.gray@gov.im
   
• Karl Cubbon (Policy Officer)
  Telephone: +44 1624 642615, Email: karl.cubbon4@gov.im