Exclusive:Vaping Scotland: Tories to launch Bill to ban vaping in public places and restrict advertising

The Scottish Conservatives are set to introduce a Bill to the Scottish Parliament that would place restrictions on vaping, including a ban on vaping in enclosed public spaces and regulating advertising

The Scottish Conservatives are set to launch a bid to restrict vaping and bring it in line with smoking legislation – by banning the practice in enclosed public spaces, regulating advertising and cracking down on sales to under-18s.

Vaping is not subject to the same restrictions as smoking. The practice is not covered under the Smoking, Health and Social Care Act 2005, and the advertisement of vaping is not restricted as smoking is under the Health (Tobacco, Nicotine etc. and Care) Act 2016.

The Tories are set to introduce a Bill to the Scottish Parliament that would place restrictions on vaping, against the backdrop of a “massive” increase in the number of young Scots who vape.

Vaping is not subject to the same restrictions as smoking.

Holyrood’s health and social care committee recently heard that one in four 15-year-olds were believed to be vaping. A 2022 survey found 10 per cent of 13-year-olds and 25 per cent of 15-year-olds were using vapes – up from 1 per cent and 2 per cent respectively in 2015.

Scottish Tory shadow health secretary, Dr Sandesh Gulhane, said the rise in vaping was concerning “because we lack solid evidence about the health effects”.

“We would, therefore, introduce a Vaping Restrictions Bill to update the law and bring it into line with the regulations on smoking,” he said. “This would ban the use of vapes in enclosed public places and ensure they were stored behind counters in shops.

“To better protect our youngsters, we’d also ban the sale of non-nicotine vaping products to under-18s and increase the fines for those who illegally sell vapes and tobacco to under-18s – a law that is currently being widely flouted and poorly enforced.”

Dr Gulhane said his party would also work with its Westminster counterparts “to develop more effective rules on the advertising and marketing of vaping products and a ban on disposable vapes, which damage the environment”.

The UK government has previously committed to create “a smoke-free generation” by restricting the sale of tobacco, so that children aged 14 or younger can never be sold cigarettes, and restricting the sale and marketing of e-cigarettes to children.

Sheila Duffy, chief executive of anti-smoking health charity ASH Scotland, said regulating promotional retail advertising and the easy availability of recreational e-cigarettes on high streets “would be vital steps towards halting the alarming upsurge of children across Scotland using e-cigarettes”.

“We welcome proposals to align advertising and promotional restrictions on all tobacco related products, including e-cigarettes, heated tobacco products and nicotine pouches with tobacco, as it would make enforcement easier and shut down one of the key promotional routes for corporate businesses to target children with health-harming, addictive products,” she said.

“And we would welcome representations from the Scottish Government and other elected representatives in Scotland to work in a four-nations approach, using powers that are reserved at Westminster, to shut down the promotions of e-cigarettes and other tobacco-related products by influencers on social media platforms such as TikTok and Instagram, which are seen by young people.”