There are reports that the Scottish Government has dropped proposals to ban the use of e-cigarettes in public places.
In January this was Forest's response to a Scottish Government consultation on the issue:
Do you believe that the Scottish Government should take action on the use of e-cigarettes in enclosed public spaces?
We acknowledge there are serious health risks associated with primary smoking, although their nature and the degree of risk remains debatable, but the risks to non-smokers as a result of so-called ‘passive smoking’ has, we believe, has been greatly exaggerated to justify increasing interventions in the lives of adult smokers. Introducing similar legislation to combat the use of electronic cigarettes makes no sense on a number of levels.
As already stated, there is no evidence that vaping is harmful. At worst the health risks of vaping are significantly less than the health risks associated with smoking. There is also no evidence that bystanders are at any risk from exposure to the vapour exhaled by consumers. We therefore object strongly to nationally imposed restrictions on the use of e-cigarettes in enclosed public places.
Vapers are almost exclusively smokers who wish to cut down or quit or are looking for an alternative nicotine delivery system in places where smoking is banned. Given the lack of evidence that the use of electronic cigarettes is harmful to (a) the user and (b) bystanders and the significant uptake in vaping among smokers, many of whom are using the product in an attempt to cut down or quit smoking, it would be hugely counterproductive to the stated aims of tobacco control to discourage the use of e-cigarettes in public places.
Forest supports consumer choice and evidence-based policy and to penalise vapers in the unsubstantiated belief that it ‘normalises’ smoking is self-defeating and immature. It also ignores the important point that the success of e-cigarettes compared to other smoking cessation aids is due largely to the fact that vaping mimics the physical act of smoking. This is crucial because it’s the main reason why many smokers find electronic cigarettes a more effective and appealing smoking cessation aid than nicotine patches or other forms of nicotine therapy. Without that USP it’s highly unlikely that e-cigarettes would have been so successful so quickly.
The logical position is that if tobacco controllers want to reduce the number of smokers, and vaping helps achieve that goal, there is no good reason to restrict the use of e-cigarettes in public places, enclosed or otherwise. Given current evidence it makes far more sense to leave things as they are until such time as further evidence becomes available.
Are you aware of any evidence, relevant to the use of e-cigarettes in enclosed spaces, that you think the Scottish Government should consider?
The exhalation or smell of vapour may, in a small enclosed space, be offensive to some people but to the best of our knowledge there is no evidence that the use of electronic cigarettes in enclosed public places is harmful to anyone. Landlords, proprietors and businesses must be allowed therefore to decide a policy on e-cigarettes that best suits their business, including the interests of staff and customers.
In terms of evidence, we draw your attention to the ASH (London) briefing paper on e-cigarettes (November 2014) that declares: “In the UK smokefree legislation exists to protect the public from the demonstrable harms of secondhand smoke. ASH does not consider it appropriate for electronic cigarettes to be subject to this legislation, but that it should be for organisations to determine on a voluntary basis how these products should be used on their premises.”
We do not agree with ASH about the alleged dangers of secondhand smoke, which we believe have been greatly exaggerated. We do however agree that banning the use of e-cigarettes in enclosed public places would be highly inappropriate and, in our opinion, counter-productive if the Government’s aim is to reduce the number of people who smoke.
So common sense has triumphed, for now. Sadly, normal service will be resumed soon. The Scottish Government still has plans to make it illegal to sell e-cigarettes to under 18s, or to advertise them. Likewise smoking will be banned in hospital grounds.
As it happens I've been invited to give evidence to the Scottish Parliament's Health and Sport Committee on those very issues next month.
Watch this space.