Labour below fireplace over plan to jail these promoting vapes for as much as two years below new smoking crackdown

Controversial proposals to imprison anyone found to be advertising vapes or nicotine under a new law have been branded ‘madness’ by senior Tories.

The Tobacco and Vapes Bill – which overwhelmingly passed its second reading last week – contains a clause suggesting people who knowingly market smoking or vaping-relating products could be locked up for two years.

The legislation, hailed by the government as the path to creating a smoke-free generation, would impose a UK-wide ban on the advertising, brand sharing and sponsorship of herbal smoking products, cigarette papers, vaping and nicotine products.

Anyone flouting the law is liable for two years in prison, according to the latest version of the Bill going through Parliament.

Shadow Business Minister Greg Smith said last night: ‘A potential two year prison sentence for those advertising nicotine products to adults who are seeking to make the brave leap to quitting cigarettes is wholly inappropriate. It’s madness.

‘Furthermore, this section of the Tobacco and Vapes Bill requires real scrutiny as we shouldn’t have a situation where consumers can’t see their choices or understand them if no communication about them is allowed.’

Tory MP Peter Bedford added: ‘This draconian Bill gets worse the more you look at it. This Labour Government are obviously hell-bent on the idea of control.

‘People do not need the ‘nanny-state’ legislating in all walks of their lives. To imprison people for two years on the back of advertisement for tobacco and vapes is deeply concerning. 

Plans to jail anyone found to be advertising vapes or nicotine under new legislation have been branded ‘madness’ by senior Tories (file photo)

Shadow Business Minister Greg Smith said the proposed two-year prison sentence is ‘wholly inappropriate’

‘Where will the slippery slope lead to next? Will we have imprisonment for alcohol advertisement or even worse imprisonment for advertising foods that are over an arbitrary calorie count or fat content?’

The Bill passed its second reading last week by 415 votes to 47. Similar legislation was introduced by former Prime Minister Rishi Sunak, but it failed to become law before July’s General Election.

Senior Tories, including leader Kemi Badenoch, voted against the Bill, with shadow justice secretary Robert Jenrick saying the government must ‘educate more, ban less’.

Campaigners are now calling on MPs to amend the proposals to remove the advertising clause as the legislation makes its way through both Houses of Parliament.

A spokesman from the Adam Smith Institute think tank said: ‘New powers to restrict the sale and advertising of vapes and other quitting aids will do much more harm than good.

‘Not only is the Tobacco and Vapes Bill an affront to the intelligence of adults and a black market charter for organised criminals trading in illegal tobacco, it also prevents smokers from quitting by limiting the marketing of alternative products.

‘The Bill hands significant, unfettered powers to individual ministers to further crack down on the choices of individuals.

‘The Government and Parliament should urgently reconsider the path of this Bill, as it poses significant risks to our aim of reaching a Smoke Free Future.’

Campaigners are now calling on MPs to amend the proposals to remove the advertising clause (file image)

A Department of Health and Social Care spokesperson said: ‘The deliberate marketing and advertisement of vapes to children and young people is unacceptable. 

‘The Tobacco and Vapes Bill will stop the next generation from becoming hooked on nicotine by banning the advertising of vapes and providing powers to restrict vape flavours, packaging, and shop displays.

‘The advertising of tobacco products has been restricted since 2003, and the Bill extends this to herbal smoking products, cigarette papers, vapes and nicotine products.

‘Prison sentences could be given for the most serious offences under the new legislation.’