Call for evidence outcome

Youth vaping call for evidence analysis

Updated 4 October 2023

Overview of responses

The call for evidence was open for 8 weeks and received 441 submissions to the online form. Of these submissions, the majority (324, or 74%) were from individual citizens. A total of 117 organisations responded, of which:

• 64 were from the public sector
• 29 were from the not-for-profit sector
• 20 were from the private sector
• 4 were unknown

We received a mix of responses. Many were based on lived experience or opinions while some included data or research to support their submission. This included references to studies and published papers as well as ongoing studies, reports from local authority trading standards and survey data. Further submissions were provided by email.

Through the call for evidence, we have heard that vape use among children is increasing and that children are using disposable vapes. We also heard that vapes are appealing to children and are being marketed and promoted to them, including through social media, and via influencers who may not disclose a relationship with a vape company. Respondents stated that children find the vape packaging and the products themselves attractive, including the diverse range of available flavours and colours.

We heard from parents and carers of the frustrations they experience with their children using vapes and that they would like more information to feel empowered to discuss vaping with them.

We received a variety of suggested measures to limit children’s use of vapes and their appeal such as:

• restricting flavours
• making changes to the packaging of vapes
• better enforcement of current regulations
• regulations to be more responsive to changes in the evidence on vapes

Throughout the various themes, respondents consistently repeated 2 potential unintended consequences to policies on vapes. These were the:

• impact on adult smokers accessing vapes to quit smoking
• potential for an increase in the illicit vapes market

Analysis of call for evidence themes

The call for evidence asked for information across 7 themes:

1. Building regulatory compliance: ensuring only adult smokers can access legally compliant vape products.
2. The appeal of vape products: how the appearance and product characteristics of vapes may attract children.
3. Marketing and promotion of vape products: how the marketing and promotion of vapes may attract children.
4. The role of social media: the impact of social media on the uptake and use of vaping by children.
5. Effective educational approaches so that children are provided with the facts on vapes to help them understand the risks.
6. The impact of vapes on the environment, particularly disposable products.
7. Understanding the vape market including the price and composition of different vaping products.

Building regulatory compliance

Various surveys over the last 2 years have shown a significant increase in the number of children using vapes. There has also been increasing evidence of poor compliance with UK restrictions on the sale of vapes to under 18s, and the sale of non-notified products (products not registered for sale in the UK).

Evidence of children using vapes

The call for evidence provided further evidence for underage vape use and the availability of illicit products. We were provided with several surveys showing an increase in the use of vapes among children, along with non-compliance reports and photographs of counterfeit and illegal vape products and packaging. This shows that children can buy vapes and that some of these vapes may be illicit products.

Where children get vape products

We asked where children are accessing vape products. Of the respondents who identified where they thought children could get vapes:

• 32% of responses said it was corner shops and convenience stores
• 27% said friends or family
• 10% said online sources

Some respondents said that children are selling vapes and that there is a link to organised crime and illicit products.

What vape products children are accessing

When asked what type of products children are accessing, 47% of responses stated that disposable vapes (single-use products) are the most popular type of device for children to use. Very few responses (2%) said that children are accessing refillable devices.

Suggested interventions to limit children’s access to vapes

A broad range of interventions to limit children’s access to vapes were suggested. Many respondents said that tougher regulations and enforcement would be effective, including more action by trading standards and additional funding for them. Some called for action to restrict illicit and non-compliant vapes from being imported into the country. Others said that identification checks would help prevent underage sales, including mandatory age verification, or introducing a licensing scheme.

Some respondents suggested that vapes should be treated the same way as cigarettes, including introducing standardised (or plain) packaging as an effective intervention. There were also a small number of calls for vapes to be available on prescription only. 

Respondents also called for the regulatory system to be more responsive to changes in the evidence on vapes. They thought that regulations should be ‘future proofed’ to ensure that the regulatory environment for both vapes and tobacco remains coherent. One response called for vape tank sizes to be increased to free up trading standards to focus on underage sales work.

We also received responses calling for either disposable vapes, or all vapes, to be restricted. Others called for a tax to be placed on disposable vapes, to reduce their affordability while keeping them available as a quitting aid for adult smokers.

Potential unintended consequences of suggested interventions

The importance of disposable vapes was also highlighted. This was particularly for older users, people with dexterity issues, or those with learning disabilities, because they are easier to use than refillable products. 

Evidence of children accessing other nicotine products

The call for evidence also asked if there is evidence of children accessing nicotine-containing products other than vapes and tobacco. Most responses did not include evidence, but a few responses said that children are accessing nicotine pouches, that regulations should be amended to include nicotine pouches, and that their packaging and promotion is inappropriate.

The appeal of vape products

We are aware that children are using vapes and this trend is increasing, so it’s important to understand what vape characteristics make them appealing to children.

Why vapes are appealing to children

Respondents to the call for evidence provided a broad range of reasons for why vapes are appealing to children. Some responses focused on the appeal of packaging or product appearance. Nearly half (48%) said that this included colours, and others thought that the product and packaging resembled popular sweet brands, or the shape of the product such as looking like soft drink cans and toys.

Nearly half of responses (45%) said that vaping product flavours are attractive to children. Surveys of children were submitted to the call for evidence, with many concluding that children try vapes out of curiosity, due to flavour options or peer pressure. Responses received to the call for evidence from adults also identified peer pressure as a reason why children vape.

Respondents said that vaping is seen as “cool” or “glamorous”. Some said that vapes are appealing to children due to social media and influencers. A large majority (86%) of responses also spoke about the ease with which children can access vapes due to their low cost, or how easy they are to buy. Other responses referred to vapes being easy to hide, including the scent they leave behind after use which is not easily identifiable as a vape.

We also received some individual examples of products that appeal to children, including products that light up and stickers being included in the vape packaging.

Vape advertising and product placement

Advertising of vapes is already heavily restricted by UK regulations. This includes a ban on advertising on television and radio, and through internet advertising or commercial email. However, there are still ways in which products can be promoted, including through shop window displays and outdoor advertising such as billboards or bus adverts.

We heard from respondents that vape adverts are attractive to children. Some respondents highlighted a study that cited evidence on susceptibility of young people to vape advertising, including from adverts that were not designed to appeal to young people (Williams and others 2023). Others mentioned the 2021 Cancer Research UK report E-cigarette marketing in the UK which found that over a third of 16 to 19 year olds believed that vape marketing made vaping seem either appealing or very appealing.

These findings were echoed by surveys of young people which were submitted to the call for evidence. Some respondents also said that the locations where vapes are found in shops such as in window displays, by tills, on the end of aisles, and next to toys, makes them appealing to children.

Vape flavours

When asked specifically what evidence is there about the appeal of vape flavours to children, responses highlighted:

• sweet or fruity flavours (66%)
• the wide range of flavours available (26%)
• the fact they resemble sweets (18%)

We received evidence of young people discussing flavours with their peers and ranking flavours which encouraged them to want to try more. Some said that the flavour names are attractive and that the flavours make vapes appear harmless. Respondents said that vapes are seen by children as either safe or safer than smoking. Several respondents said that adults would not choose some of the flavours available and that they are aimed at children, while other respondents highlighted that flavours are also important to adult smokers.

Suggested interventions to limit vapes’ appeal to children

Several respondents who focused on flavours suggested that they should be limited or banned, and the names of flavours restricted. Standardised packaging of vapes was also suggested to limit their appeal. Some responses submitted evidence on standardised packaging via a reference to research on branded and standardised vape packaging (Taylor and others 2023). This evidence suggests that removing child friendly brand imagery and colours on vapes can reduce their appeal to children, while not discouraging use by adult smokers to help them quit.

Potential unintended consequences of suggested interventions

Several potential unintended consequences of suggested interventions were mentioned by respondents. These included the view that smokers would be less likely to use vapes if they were out of sight in shops, because this could send an implicit message that vaping is as harmful as smoking.  

Marketing and promotion of vape products

UK legislation restricts the marketing and promotion of vapes. This includes a ban on advertising on television and radio, and through internet advertising or commercial email. In the UK, these rules have been implemented in the Communications Act 2003 and in changes by Ofcom (the communications regulator in the UK) to the UK Code of Broadcast Advertising (BCAP Code) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).

How vapes are promoted

Responses covered a broad range of examples of how vapes are promoted to children. Again, they told us that children are being targeted by:

• vape packaging, particularly how bright the packaging is
• the characters used on vape packaging
• the product names and descriptors

Respondents said that generally the design of the products appeals to children.

Vapes in shops

Respondents provided images of a range of shop types displaying vapes in various ways, and in different locations in stores. Respondents provided statistics from the Action on Smoking and Health (ASH) report Use of e-cigarettes among young people in Great Britain which found that in 2023 over half (53%) of children were aware of vape promotion in shops, up from 37% in 2022.

Branding and advertising

We also received images of the diverse range of branding and advertising associated with vaping devices. Some of the branding examples showed how the packaging copied brands of sweets and soft drinks.

Respondents said that children are being targeted through online advertising (including by social media influencers) as well as advertising in shops and via colourful point of sale displays. We also heard about vape companies providing sponsorship in sports, which would potentially expose children to their branding.

Interventions to prevent marketing and promotion of vapes to children

When asked about interventions to prevent the marketing and promotion of vapes to children, some respondents believed that there are no current measures in place to prevent the marketing and promotion of vapes to children (19%). Responses suggested potential interventions to prevent marketing and promotion to children, including:

• better enforcement of the current regulations
• clarification by the Advertising Standards Authority (ASA) of the current restrictions on advertising

Further restrictions on vape advertising or promotion were suggested, including increased online protection for children.

Generally, respondents wanted vapes to be less desirable and this included:

• introducing plain packaging for vaping products
• restrictions on point-of-sale displays
• further restrictions on advertising
• stopping price promotions

Some respondents said that a proportionate approach is needed to ensure that vapes can be advertised to smokers while minimising exposure to children. 

Potential unintended consequences of suggested measures

The majority of respondents did not identify any unintended consequences of their suggested interventions, with some stating that there were none. We heard a repeat of negative unintended consequences mentioned in other responses, such as people returning to smoking and an increase in the illicit market. Some respondents said that any measures introduced to limit marketing should not affect public health campaigns, so that messaging about the benefits of switching to vapes can still reach smokers.

The role of social media

We asked for evidence on the role of social media because we wanted to know if adults or children are promoting vapes to children via social media, and if government and social media companies have a role to play in stopping this. 

Vaping content on social media

Respondents said that vaping content that could attract children is visible and promoted through a variety of social media platforms. We heard that the content can be user generated or promoted through targeted advertising and that this content made vapes look “cool”. Some respondents told us about content that teaches children how to do tricks with a vape and that children are buying vapes via various social media platforms. We also heard that respondents felt that social media platforms can be unresponsive to complaints made about this content.

Respondents made specific mentions of TikTok as being the main platform where vape content is being seen by children. This aligns with the ASH report Use of e-cigarettes among young people in Great Britain which found that TikTok was the most frequently mentioned online source of promotion. One response referenced a 2021 research report of vaping videos on TikTok which found that 63% of 808 vaping videos portrayed vaping positively. This study concludes that positively framed vape and vaping-related postings available without age restrictions on TikTok have been viewed many times.

TikTok submitted verbal evidence where they set out their international vaping and tobacco guidelines. TikTok told us that they do ban users who breach these guidelines, but these bans are restricted to online platform activities only. They also said that TikTok is considering how it can further prevent young people from viewing vaping content. 

Social media influencers

Social media influencers were mentioned in 14% of online responses. We received one unpublished research study which said that analysis of Instagram identified networks of influencers promoting vapes, often without disclosing financial relationships. This study concluded that among children and young adults, increasing social media use was associated with a higher likelihood of current vaping and current smoking.

Interventions to prevent children seeing vaping content

When asked about interventions to ensure vapes are not targeted to children through social media, the majority of responses did not provide any suggested intervention. The most commonly proposed intervention was to regulate social media platforms (24%). This included the Demos report Vaping regulation in 2022: identifying gaps in the regulation of e-cigarettes which calls for stricter enforcement by the ASA and new powers under the Online Safety Bill to prevent illegal vaping content. Respondents said that social media platforms should introduce age verification and filtering of videos along with community guidelines.

Effective educational approaches to prevent the uptake of vaping by children  

Children should be provided with the facts on vapes to help them understand the risks. We are aware that there is growing misinformation about vapes and significant variations in policies on underage vaping across different schools in the country. This misinformation and variations in policy approaches were reflected in the responses we received.

Suggested educational interventions

We asked respondents to provide evidence of interventions in education settings to reduce the number of children vaping. The most suggested intervention was to increase education, with 73% of responses proposing this (or saying that they already did).

Respondents suggested a range of educational approaches. Many said that to be effective, education should provide children with the facts about vaping, using the latest evidence. Respondents said that children should receive information about harms, including that the long-term harms are not known. We received several examples of resources that have been developed for parents, children and for schools. 

One response noted that “to date no studies have been identified that evaluate interventions to change vaping harm perceptions among youth in England”. Some said that educators should be mindful of lessons learned from delivering smoking education to support the design of effective vaping resources.

Potential unintended consequences of suggested interventions

The majority of respondents did not mention any unintended consequences of proposed interventions. Those who did said these could include:

• a potential increase in vaping
• a financial cost to schools
• children could be confused by the messaging
• children could think vaping is more harmful than smoking

Misinformation about vaping

We received a very broad range of evidence on myths and misinformation. Although some respondents said that children are aware that vaping is not harmless, we received several survey results showing that children wrongly believe that vaping is as harmful as, or more harmful than, smoking. They also said that this belief is increasing. In contrast, others said that children were misinformed because they believed that vaping is risk free.

Respondents mentioned the internet, social media and their own peers as some of the sources of misinformation for children.

School policies on vapes

Responses about school policies showed a mixed approach across schools on the possession of vapes. Some said that they take a strict approach, with exclusion as a possible consequence. Others are treating vape possession in the same way as a uniform infringement. Some respondents mentioned use of vape detectors and monitoring or restricting access to toilets in schools. Some said that school behaviour policies have little or no effect, while others thought that it was too early for evidence on policies reducing children’s use of vapes because interventions are newly in place.

In the call for evidence, we heard of the challenges that parents, carers and schools are facing with changes in behaviour related to vaping, and concerns from a number of adults about children in their care using vapes. 

The impact of vapes on the environment

The environmental theme of the call for evidence asked respondents for evidence on:

• the impact of disposable vapes on the natural environment
• effective measures to reduce these impacts
• any potential unintended consequences of the suggested measures

Litter, pollution and fire hazards

Respondents said the most common impacts of disposable vapes on the environment were:

• litter
• pollution
• fire hazards

Over 60% of respondents reported seeing a high volume of littered disposable vapes in the environment.

The most common concern voiced related to the pollution from plastic, batteries and vaping liquids, and how these harm animals and ecosystems.

Many described disposable vapes as both difficult and dangerous for employees at recycling plants to recycle due to a risk of explosion. Respondents also highlighted the impact of disposing of nicotine in vapes, such as:

• nicotine leaching into the environment and harming wildlife
• exposure to nicotine causing health hazards to recycling plant employees

Concerns about fires caused by the lithium-ion batteries were also mentioned frequently.

Metal and plastic waste

Many respondents felt that the single-use design and use of plastic casings on vapes were particularly problematic. Some said that metals such as lithium and copper were wasteful in a single-use product, especially since it is not easily recycled.

Some respondents felt that the presence of electronics in vapes led to wastage of lithium and other natural resources which would be better used in products relating to achieving net-zero goals. Others had concerns about the supply chain, specifically the mining associated with batteries releasing greenhouse gases and having an environmental impact.

Some respondents said they were concerned about the lack of compliance with regulations, for example the Waste Electrical and Electronic Equipment Regulations 2013.

Comparing reusable and disposable vapes

When comparing the impacts of reusable vaping products with disposable ones, 35% of responses highlighted that there was less waste associated with reusables. Many said that reusables were not usually littered and that the disposable elements of reusable vapes (bottles, batteries, metal coils) are more recyclable. However, some respondents thought that there were problems with recycling reusable vapes, due to the harmful chemicals contained in the bottles of liquid.

Some respondents felt that children were less likely to use reusable vapes than single-use vapes. But other respondents said the convenience and low cost of disposables made them accessible to people of lower socioeconomic status as a tool to quit smoking.

Evidence for measures to reduce environmental impact

When asked about evidence on effective measures to reduce the environmental impact of disposable vapes, most respondents provided suggestions and opinions rather than evidence. The most popular suggestion was to introduce retailer collection points or designated ‘vape bins’ where people could take their used disposable vapes to be recycled. Just over a quarter (26%) of responses who answered this question suggested this measure.

Respondents also suggested:

• introducing an extended producer responsibility (regulations that apply to organisations supplying vapes and vape packaging) or deposit return scheme (deposits placed on vapes to incentivise people to recycle them) (21%)
• making instructions for disposal more readily available (20%)
• banning disposable vapes (18%)

Other suggestions included:

• fines for littering
• making vapes only available on prescription to people trying to quit smoking
• increasing tank size
• promoting refillable products

Potential unintended consequences of suggested measures

When asked about potential unintended consequences of these suggested interventions many respondents believed that further restrictions might have negative implications for people wanting to quit smoking. But many thought restricting disposable vapes would lead to an increase in the sale of reusable products instead.

Others suggested that introducing a deposit return scheme or extended producer responsibility scheme for vapes would have cost implications for:

• vape producers
• councils (the cost of recycling and monitoring compliance)
• schools (establishing dedicated vape bins)

Certain measures would also have logistical challenges such as storage of seized vapes, monitoring compliance and fire hazards at collection points. Illicit market sales of products could also increase. 

Understanding the vape market

We are aware that vapes are much cheaper than cigarettes or other tobacco products, which may make them more affordable and incentivise smokers to switch. We asked for evidence on:

• the price and composition of different vaping products
• the vaping market
• any price-related factors that make vapes appealing to children

Vape product prices

Many respondents (26%) said that disposable vapes are usually priced between £3 and £6, making them the cheapest vape product for a one-off purchase. Some respondents said that these products are less cost effective in the long term when compared to open system vapes (reusable devices that can be manually refilled with e-liquid).

The prices for refillable devices varied greatly from approximately £10 to £40. Reported prices for e-liquids were also wide ranging, from £0.80 to £5 per 10 millilitres (ml), with the majority noting an average price between £3 and £4. Respondents indicated that the price of e-liquid is not determined by nicotine strength or flavour. Pods were generally priced below £5 and their devices between £10 and £50. Illegal vapes are reported to cost between £5 and £16. 

Nicotine content of e-liquids

Most respondents said that disposable vapes tend to contain the maximum legal nicotine content (20 milligrams per millilitre (mg/ml)) and volume of e-liquid (2ml). However, some respondents suggested that the majority of disposable vapes on the market exceed the legal volume limit. Instead, these disposable vapes typically range between 2ml to 5ml but are available up to 20ml. Disposable vapes with nicotine strengths below 20mg/ml are available but not common, and illegal products containing up to 50mg/ml of nicotine have been identified on the market.

Nicotine e-liquids are generally sold in 10ml containers, in line with the legal limit. The nicotine strength of e-liquids typically varies between 2mg/ml and 20mg/ml. Respondents reported that flavour does not affect nicotine strength. Nicotine-free e-liquids are typically sold in volumes ranging between 10ml and 120ml, while nicotine shots intended to be mixed with nicotine-free e-liquid are generally sold in 10ml bottles with strengths ranging between 18mg/ml to 20mg/ml. 

What makes vaping appealing to young people

Many respondents said that price has a significant impact on the appeal of vapes. Over a third of respondents (36%) said vapes are affordable and within the average child’s buying power, with a further 22% stating that disposable vapes specifically are affordable. The majority of respondents (64%) said price increases would reduce the demand for vapes. However, a quarter also highlighted the risk that price increases may stop some smokers moving to vapes for smoking cessation.

Eleven per cent of respondents said that the price differential between vapes and cigarettes increased the appeal of vaping. Respondents raised other appeal factors of vaping including:

• flavouring
• social factors such as peer pressure
• the packaging of products
• the accessibility to children (and respondents recognised that low prices can increase this accessibility)

Market share

Evidence from organisations suggests that disposable vapes make up at least 50% of the market. Some respondents raised concerns about the estimated size of the market for illicit vapes and the burden this puts on enforcement agencies such as trading standards. 

Taxing vapes

While we did not ask specific questions on taxation, 14% of respondents signalled support for imposing a tax on vaping products. Around half of these supported a tax specifically on disposable products. Several respondents noted that imposing an excise duty would strengthen enforcement of the illicit vape market. In contrast, 2% of respondents said that they did not support a tax. Some said that a tax might:

• place a cost burden on adult vapers
• have a negative impact on smoking cessation progress
• increase demand for illicit products

Further information on responses

Tobacco industry declaration

The UK is a party to the World Health Organization Framework Convention on Tobacco Control (FCTC) and so has an obligation to protect the development of public health policy from the vested interests of the tobacco industry. To meet this obligation, we asked all respondents to disclose whether they have any direct or indirect links to, or receive funding from, the tobacco industry. In line with Article 5.3 of the FCTC, we have documented tobacco industry comments as part of this analysis. However, we will not consider these comments when formulating actions to reduce the number of children vaping.

We received 16 responses to the online form from people who identified that they had links to or receive funding from the tobacco industry.  

How we classified information

We categorised responses into either lived experience and anecdotal evidence or data and research. More weighting was given to respondents who provided data and evidence to support their response.

Overview of responses with attachments

We received 156 attachments to the online responses and 20 responses provided attachments via email. In these responses we received:

• photographs of products and displays
• published and unpublished research papers
• trading standards reports
• reports from local government
• information on ongoing local interventions

References

Gibson MJ, Munafò MR, Attwood AS, Dockrell MJ, Havill MA and Khouja JN. A decision aid for policymakers to estimate the impact of e-cigarette flavour restrictions on population smoking and e-cigarette use prevalence among youth versus smoking prevalence among adults. medRxiv 2022.

Taylor E, Arnott D, Cheeseman H, Hammond, D, Reid JL, McNeill A, Driezen P and East K. Association of fully branded and standardized e-cigarette packaging with interest in trying products among youths and adults in Great Britain. JAMA Network Open 2023: volume 6, issue 3, article e231799.

Williams PJ, Cheeseman H, Arnott D, Bunce L, Hopkinson NS and Laverty AA. Use of tobacco and e-cigarettes among youth in Great Britain in 2022: analysis of a cross-sectional survey. Tobacco Induced Diseases 2023: volume 21, issue 5.