To ask the Scottish Government what devolved powers could be used to limit youth access to all nicotine products, including nicotine pouches, for example through restrictions on advertising, public awareness campaigns, or voluntary agreements with retailers, in light of reported concerns that these products, which can contain high levels of nicotine, are currently unregulated and can be sold legally to under-18s in Scotland.
Children and young people learn about a variety of substances, including nicotine products, through Curriculum for Excellence. Through educating young people about substance use and the impact it can have on their life and health, this will help prevent them making unhealthy choices
The Scottish Government continue to work with Young Scot and other third sector organisations to ensure that young people, their teachers, parents and carers have access to accurate, evidence based, information on nicotine products.
The powers in the Health (Tobacco, Nicotine etc and Care) (Scotland) Act 2016 could have been exercised to make regulations to prohibit or restrict domestic advertising and promotion of vapes, however this would not have captured the range of nicotine products now available on the market. The UK-wide Tobacco and Vapes Bill (“the Bill”), if passed, will introduce new restrictions on age of sale for all nicotine products and the advertising, sponsorship, free distribution and nominal pricing of vapes and nicotine products across the 4 nations.
New powers in the Bill will also empower the Secretary of State to regulate brand sharing in relation to vapes and nicotine products across the UK, with the consent of Scottish Ministers. The Bill will extend the Tobacco and Vapes retailer register in Scotland to cover all nicotine products
An update on implementation timescales for the Bill will be provided following Royal Assent.