Single-use Vapes - Post-Adoption Statement

1. Introduction to restrictions on the sale and supply of single-use vapes

1.1 Single-use vapes restrictions

1. To address the environmental issues associated with single-use vapes, the Scottish Government, alongside the UK Government, the Welsh Government and the Northern Irish Executive have brought forward regulations to prohibit the sale and supply of these environmentally harmful products (hereafter referred to as ‘ban on single-use vapes’ or ‘the ban’). This includes both nicotine and non-nicotine containing products, as the environmental concerns exist for both types of products.

2. In the 2023-24 Programme for Government, the Scottish Government became the first government in the UK to commit to: “Take action to reduce vaping among non-smokers and young people and to tackle the environmental impact of single-use vapes, including consulting on a proposal to ban their sale and other appropriate measures”.^[1]

3. The ban will stimulate a shift towards the less environmentally harmful alternative of reusable vapes, or where individuals use single-use vapes for smoking cessation, other alternatives such as nicotine patches and gum. All of which are readily available in the domestic marketplace. Demonstrating this more responsible choice of resources is a vital element in building a more sustainable, circular economy for Scotland.

4. The growing use of single-use vapes in Scotland has become a concern in recent years, in particular for young people and first-time smokers. The vapes market has grown enormously in recent years, including the use of single-use vapes.^[2]

5. In January 2023, the Scottish Government commissioned Zero Waste Scotland to examine the environmental impact of single-use vapes. The research report, published in June 2023, highlighted environmental concerns including the increase of e-cigarette littering, waste of resources and the fire risk from batteries contained in devices, and identified possible policy options to address them.^[3]

6. In October 2023, the Scottish Government, in partnership with the Department of Health and Social Care, the Department of Health (Northern Ireland), and the Welsh Government, published a UK-wide consultation^[4] including proposals around restricting the sale and supply of single-use vapes. The consultation received nearly 28,000 responses.

7. The consultation feedback showed widespread support for banning the sale and supply of single-use (disposable) vapes. Over 80% of respondents agreed that there should be restrictions on the sale and supply of single-use vapes, with a common theme of concern over their environmental impacts arising in the comments. 73% of respondents believed that such restrictions should take the form of banning their sale and supply.^[5]

8. In November 2023 the Scottish Government published its new Tobacco and Vaping Framework: roadmap to 2034.^[6] One of the three themes underlying the framework is to identify what can be done to ensure vapes are used appropriately to support smoking cessation. Vapes are part of a range of possible cessation tools available to existing smokers to help stop tobacco use. They are not a lifestyle accessory for children or adult nonsmokers

9. A “Business-as-Usual” approach would see no sale and supply restrictions introduced. Single-use vapes would remain in our society, and in our terrestrial and marine environments. This would hinder Scotland’s progress toward tackling onshore and marine litter. Such an approach would also hamper progress toward the adoption of a circular economy.

10. To help inform the Scottish Government’s approach on the introduction of the vapes ban in Scotland, the proposals were screened against the requirements of the Environmental Assessment (Scotland) Act 2005 (the ‘2005 Act’) and identified that, as they are likely to have significant environmental effects, a Strategic Environmental Assessment (SEA) was required. The SEA was carried out to assess the likely significant environmental effects of the ban of single-use vapes to identify ways in which adverse effects could be avoided, minimised or mitigated. The SEA also explored how any positive effects could be enhanced.

11. Modelling was undertaken by Defra to support analysis of the single-use vapes ban against Business-as-Usual, where no market restrictions are introduced. The findings were used together with earlier research led by Zero Waste Scotland and presented in an Environmental Report (ER). ^[7]

12. The results, and supporting assessments were issued for a 6 week public consultation, between 2 April 2024 and 14 May 2024. Considering the consultation responses, the Scottish Government has identified a final policy position which it is now adopting. The Scottish Government has, along with England, Wales and Northern Ireland, introduced regulations in 2025 to effect this change. The regulations will mean that, from the point of introduction neither businesses nor individuals will be able to sell or supply single-use vapes in Scotland. The supply restriction will apply regardless of the channel of distribution (whether physical or online).

1.2 Consultation

13. The SEA was undertaken to both inform the decision-making process in the development of the restrictions on single-use vapes, and to engage with the statutory consultees,^[8] other stakeholders, and interested parties via the statutory public consultation process set out in the 2005 Act

14. Consultation was first undertaken with the statutory consultees on the proposed screening and scope of SEA for a 5-week consultation period ending on 22^nd March 2024. Each statutory consultee was provided with the SEA Screening and Scoping Report issued by the Scottish Government and comments invited. Consultation responses were received from all 3 statutory consultees to determine the final scope of the Environmental Report and assessments. This is discussed further in Section 4 of this PAS.

15. Public consultation, as required under the Environmental Protection Act 2021 was then held, from 2^nd April and 14^th May 2024 to obtain the opinion of individuals and organisations on the proposed approach to a ban on the sale and supply of single-use vapes. Views on the consultation were obtained through the completion of an online questionnaire hosted on the Scottish Government’s Consultation Hub.^[9]

16. This is discussed further in Section 4 of this PAS. The consultation documentation also included the Environmental Report (containing the findings of the SEA) along with online links to a Partial Business Regulatory Impact Assessment, the Islands Communities Impact Screening Assessment, a Fairer Scotland Duty Summary, and a Partial Equality Impact Assessment.

17. Table 1.1 details the timeline of the consultation documents for the ban on the sale and supply of single-use vapes in Scotland.

1.3 Purpose of this Post Adoption Statement

18. In accordance with Section 17 of the 2005 Act, the Scottish Government has taken into account findings of the Environmental Report and the consultation responses to the report in coming to its decision on the preferred approach for the implementation of the ban on single-use vapes.

19. Section 18 of the 2005 Act requires that when a plan or programme is adopted (in this case, the ban), the consultation bodies and the public are informed, and the following specific information is made available:

• the plan as adopted.
• a statement summarising:
  • (i) how environmental considerations have been integrated into the design of the market restrictions on selected single-use plastics (Section 18(3)a of the 2005 Act).
  • (ii) how the Environmental Report has been taken into account (Section 18(3)b).
  • (iii) how consultees’ opinions have been taken into account (Section 18(3)c and d).
  • (iv) the reasons for choosing the market restrictions on selected single-use plastics, as adopted (Section 18(3)e); and
  • (v) the measures to be used to monitor the significant environmental effects of the implementation of the market restrictions on single-use plastics (Section 18(3)f).

20. The purpose of this Post Adoption Statement is to provide the specific information outlined under each of the points listed (i) to (v) above and which is presented in the following sections of this statement.