BAT Accused of Using Legal loophole to Give Vape Samples to Minors

Source from:  Vapingpost 02/08/2021

By law, businesses selling vaping products are allowed to market their products by distributing free samples via third-party marketing firms. However, health entities in the UK have pointed out that a loophole in the current regulatory framework means it is legal for marketing companies to hand out vapes to minors.

ASH pointed out that a marketing team promoting Vype, has recently approached and offered a free sample to a 17 year old girl, in return for her email address. Before being handed the product, the girl was at no point told that the product contains nicotine or asked to verify her age.

“The hypocrisy of BAT is staggering,” said chief executive of Ash, Deborah Arnott. “The company’s website piously states: ‘It’s essential that any tobacco or nicotine products are not marketed to youth. Given the nature of our products, we take seriously our commitment to market them responsibly and only to adults.’ How can they say that doling freebies out like sweets to children counts as responsible marketing?”

The loophole exists because e-cigs do not fall under the UK Tobacco Act

On approaching the National Trading Standards to verify the legal framework in place, ASH learned that a loophole in the law means it is not illegal to hand out free e-cigarettes to minors. This is because in the UK e-cigarettes are not regulated tobacco products and therefore are not covered by the Tobacco Advertising and Promotion Act “prohibition of free distribution” rules.

ASH pointed out that the wording of the relevant sections of the Tobacco and Related Products Act, pertaining to vape regulations is too vague when it comes to prohibiting the distribution of free products to minors.

“A review of the regulations is required by law and is expected to be launched imminently,” said Arnott. “We have written to the public health minister to make her aware of this gaping hole in the government’s e-cigarette regulations and to urge her to use the review to plug this legal loophole. This is yet another example of Big Tobacco saying one thing and doing another, living up to the letter of the law but not the spirit.”