Scotland publishes draft disposable vape ban law
In a significant move towards environmental and youth protection, the Scottish government has released the draft legislation for a disposable vape ban.
New Laws in Scotland
Titled “The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024,” the draft legislation outlines a ban on the supply of disposable vapes. Under these new regulations, individuals found supplying disposable vaping products face penalties, including prison or fines.
Aligns with UK stance
This legislative move aligns with UK Prime Minister Rishi Sunak’s recent announcement of his intention to impose a ban on disposables. The swift drafting of the Scottish regulations suggests that this measure has been on their minds quite some time. It also positions Scotland ahead of Wales and England in legislative action against disposable vapes, as these regions have yet to introduce their draft laws.
Cartridges and pods out of scope
Like with EU counterparts, the ban specifically targets disposable vapes, leaving cartridges and pod systems that cannot be refilled and do not contain a battery outside its scope. This distinction provides limited relief to the vape industry, particularly manufacturers who have been grappling with other potential regulatory challenges, including flavour bans and restrictions on shop displays.
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Will this lead to innovation?
Hopefully the ban will trigger manufacturers to innovate and develop products that do not contribute to single-use waste. But how they square that with keeping out of reach of youth (primarily due to cost) remains to be seen.
Smoking rates could rise
While the ban on disposable vapes addresses the governments growing concern over the environment and underage vaping, it raises questions about its potential impact on smoking cessation efforts. Disposable vapes have contributed to a decline in smoking rates by offering a convenient and accessible option for adult smokers looking to quit. The ban might disrupt this trend.
The Scottish government’s draft legislation on a disposable vape ban sets a precedent for the rest of the UK. It is only be a matter of time before Wales and England follow suit.
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