Vape Industry Launches its Code of Conduct

The vape industry has today (Monday 11th December 2023) launched an industry Code of Conduct backed by major players from across the UK vape sector. The Code sets out agreed standards and behaviours to help voluntarily regulate the vape sector, including how products should be marketed and their names and flavours.

The Code is being overseen by the Independent British Vape Trade Association (IBVTA), the UK’s leading independent trade association for the vaping industry and is in addition to the existing range of regulatory measures and any future measures that the Government may introduce.

The Code seeks to directly address recent concerns around the increase in youth access and experimentation with vapes, which have been reported to be, in large part, associated with the increased availability of single use vapes. The code sets out how single use vape products should not disproportionally appeal to children and makes clear that those involved in the sale of vapes must ensure compliance with their recycling obligations and have a duty to encourage vape customers to recycle their product responsibly.

Supply

The Code of Conduct has been signed by those from across the vape supply chain including UK market leading manufacturers, producers, distributors and retailers of single use products. Those signing up to the code are responsible for over 50% of the single use vape products on the UK market, and include IMiracle the owner of ELFBAR and Lost Mary brands, the UK’s most widely used single use vapes. The IBVTA will be taking forward plans to achieve further sign ups in coming weeks.
The Code sets out the following:

1. Only supply products that comply with UK regulations and are notified to the MHRA, if such a notification is legally required
2. Refrain from supplying products under brands or product names aimed at capitalizing on well-known food, beverage, confectionary, cartoon or entertainment brands or products (for example, Skitle, Prime, Fantasi, Coka Cola, Jolly Ranger)
3. Refrain from supplying products whose flavour names resemble well-known food, beverage, confectionary, cartoon or entertainment brands or products (for example, gummy bear, Haribo, Orio, Red Bull)
4. Only supply products whose flavour names accurately reflect the profile of the flavour, and not abstract concepts that might disproportionately appeal to children, or which might not communicate the flavour profile to adult customers (for example, ‘dragon blood’, ‘unicorn shake’, ‘rainbow blast’)
5. Only supply products that do not feature prominent images of cartoon characters, or fictional characters from entertainment primarily aimed at youth on either the product or packaging
6. Only supply products that do not resemble toys, drinks containers, water bottles, or similar novelty shapes primarily aimed at youth
7. Introduce due diligence measures within our supply chains that aim to reduce supply of products to retailers who do not have experience in selling age-restricted products, or who do not have strict age verification protocols in place. These could include communicating regulatory requirements to our wholesale customers and supplying best practice guidance on how to carry out the due diligence requirements of The Nicotine Inhaling Products (Age of Sale and Proxy Purchasing) Regulations 2015
8. Comply with obligations under waste and recycling regulations within our own businesses and communicate retailer obligations to our retail customers.

Chair of the IBVTA Marcus Saxton commented:

“I am delighted that the Code of Conduct launched today will cover 50% of the single use vape products on the UK market, a figure that will increase over the coming weeks and months as more companies sign up. It shows that the vaping sector is willing and able to address recent concerns, including around those under 18 accessing vapes, and the need for increased recycling of used vape products.

“But the industry cannot operate in isolation. We look forward to working with Government on developing a responsive and proportionate regulatory regime. The Government also needs to take seriously and act on the growing issue of the illicit vape market, whose products will of course not adhere to the measures we are announcing today. However, we believe that the Code has a significant role to play in adding further protections and safeguards to consumers, those under 18 and the environment.”

Organisation

The IBVTA is the trade organisation for all responsible and ethical independent vape businesses in the UK and exists to give the independent vaping sector a voice with government bodies, regulators and enforcement agencies. The IBVTA represents the UK’s leading vape manufacturers, importers, distributors, and vendors and has no links to the tobacco industry.

The Code is being formally launched today at an event in the House of Commons.

Many manufacturers have already made changes to their names and descriptors.Those signing the code will now undertake reviews of their existing product ranges.

The vape industry is also taking steps to put in place the infrastructure required to establish UK wide consumer recycling. This includes the provisions of thousands of in-store bins and the creation of recycling streams specifically designed to deal with used vapes.

For further information on the IBVTA and its work, please visit
https://www.ibvta.org.uk/explorethefacts

Q&A

Qu. Does the government want to ban all vapes?
Ans:

• No. The UK Government position and support of vaping is clear. As the former Public Health Minister, Neil O’Brien MP said in April 2023:
• “Vaping is already estimated to contribute to about 50,000 to 70,000 additional smoking quits per year in England… However, vapes are not yet being used widely enough to reach their full potential as smoking quit aids, showing the potential power of it as a tool. A ‘swap to stop’ partnership is a scheme where smokers are provided with a vape starter kit alongside behavioural support to help them completely stop smoking”.
• “The latest international research shows that smokers who use a vape every day are 3 times more likely to quit smoking, interestingly, even if they didn’t intend to quit smoking.”

Qu. What is the Government considering in terms of future legislation?
Ans:

• The Government recently consulted on potential measures around vaping, with a focus on packaging, displays of products in-stores and flavours.
• We firmly believe that enforcement of existing law are critical. A ban is also opposed by groups such as Trading Standards and ASH. When it comes to the specific areas that the government is looking at we believe the Government can take action in the following areas:
• Ban cartoon imagery and certain product descriptors.
• Support a sector led voluntary code for the restricted display of vaping products.
• Ban retailers selling nicotine-free vapes to children, as per 30th May 2023 announcement.
• Close loophole that allows retailers to provide free samples.
• Roll out of programmes in schools to educate children.
• Increase sanctions for retailers that sell to under-18s to £10,000 (currently £2,500).

Qu. What role do single-use vapes play in quitting? How do they help?
Ans:

• Single-use devices are an important aid to quitting
• Of those that used a single-use device to help them quit:
• 36% only used a single-use device
• 24% started with another vaping product before moving to single-use.
• 18% used a single-use device in combination with other vaping devices.
• 17% started with other forms of nicotine replacement before using single-use.
• Of those that started with a single-use device to help them quit & whether they would consider switching:
• 43% would consider switching to other forms of vaping product, 32% to nicotine patches, 23% to nicotine gum, 22% to support from a GP, 19% to an NHS Stop Smoking Service.
• 72% of ex-smokers (who quit in past 5 years) and 56% of smokers believe single-use devices are helpful in assisting individuals to reduce their smoking levels.
• 49% used a single-use vape for ease of use, 40% affordability, 37% flavours, 27% availability, 26% prevents urge to smoke (top 5 responses).
• 37% of current smokers think a ban on single-use devices would hinder the process of getting people in the UK to give up smoking (19% think it will help).

Qu. What about branding, colours, designs and promotion?
Ans:

• Vape products should not be marketed using cartoons, cartoon imagery, anime, or other similar designs.
• There are clear media and social media guidelines around the promotion of vape products.

Qu. What about flavours? Don’t these appeal to children?
Ans:

• The evidence on flavours and its importance to adult smokers is well documented – as evidenced in the ASH 2023 adult vaping survey. Our own research clearly supports this view.
• 39% of those who have used vaping devices to help them quit used fruit flavours most often, 21% tobacco, 20% menthol, 5% other flavours.
• 65% reported flavours were important in their decisions to try/continue vaping as an alternative to smoking (18% not important).
• 35% of current smokers believe a ban on vape flavours will hinder the process of getting people to give up smoking (19% believe it will help)

Qu. Single-use products are too cheap?
Ans:

• 1.8 million (28%) adult UK smokers that have yet to try vaping, 10% cited price as a factor.
• Price is factor for adults when choosing to vape and there is clear evidence that a tax on single-use vapes would either increase levels of smoking or drive vapers to the illegal market

Qu. What else is being done to recycle vaping products?
Ans:

• Many retail channel partners have their own recycling solutions. As a result, used vapes can be recycled in thousands of UK locations. A specific drop down is available for vaping products via the following recycling locator. https://www.recycleyourelectricals.org.uk

Qu. Are your efforts going to solve the problem of littering and recycling?
Ans:

• It’s a collective effort from the manufacturers, trade and retail association partners to drive up recycling points and recycling rates.
• We know from our own research (6,000 UK adults) that recycling facilities in the shops where adults typically purchase vapes is the most likely method to increase levels of recycling.

Qu. Is there something that Government need to do to increase recycling?
Ans:

• Deliver greater clarity and improved guidance over the environmental regulations relating to the disposable vapes, including in respect to the WEEE Directive.
• Increase capacity and resources for the Environment Agency and Office for Product Safety and Security authorities.
• Increase penalties for those who are in breach of their obligations under WEEE
• Development of public information advertising campaigns to normalise recycling of vapes.
• Local authorities to improve visibility and availability of specialist recycling facilities

Qu. How big is the illicit vape problem?
Ans:

• According to media reports up to 1/3 of the UK market is illicit – this includes counterfeit and other forms of illicit vapes.

Qu. What other actions are needed to tackle illicit vape market?
Ans:

• Whilst the establishment of the Trading Standards illicit vapes enforcement squad is welcome we believe further capacity and resources are necessary to drive down the scale of counterfeit and illicit vapes entering the UK.
• We believe the Government should facilitate a cross-sector group to share insights and best practice to drive down the illicit market.

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