Freedom to choose: The case against banning disposable vapes
Another day, another government ban. This time the vice in question is disposable e-cigarettes or vapes.
In an announcement today, the government has said that disposable vapes are to be banned across the whole of the UK as part of plans to tackle the rising number of young people taking up vaping.
Figures from the Action on Smoking and Health (Ash) charity suggest 7.6% of 11 to 17-year-olds now vape regularly or occasionally, up from 4.1% in 2020. This is despite the fact that it is already illegal to sell vapes to people under the age of 18.
First and foremost, it is essential to acknowledge that individuals have the right to make choices that affect their own lives, as long as those choices do not harm others. Disposable vapes provide an alternative for adults who may be seeking a less harmful option than traditional tobacco products. According to Public Health England, vaping is 95% less harmful than smoking. Despite this fact, nearly half the population (44.8%) don’t realise e-cigarettes are much less harmful than smoking. Additionally, there is no evidence so far that e-cigarettes are acting as a route into smoking for children or non-smokers.1
What exactly then is the point of this draconian policy then? If vaping is already illegal for children then the people who will be really affected by this policy are adults who will no longer have the opinion of using e-cigarettes. Yes, there are re-usable e-cigarettes, but these are a hassle to recharge and re-fill. The unintended consequence of banning disposable vapes could therefore be an increase in people smoking tobacco cigarettes, which are much more deadly. Additionally, banning these devices infringes upon the autonomy of responsible adults who should be free to make decisions about their own well-being. Although, perhaps individual autonomy is something the government doesn’t care about. It certainly doesn’t win votes, or make politicians sound tough on the latest moral panic.
The argument made of course is “something must be done!”. I agree. Tougher fines are needed for shops that sell e-cigarettes to children. Strengthening age verification measures, implementing stricter penalties for selling to minors, and investing in educational programs can effectively address these concerns without compromising adult freedom. Rather than passing new laws, existing laws must be enforced more strictly.
While the government can often intervene to increase well-being by providing things the free market cannot provide such as street lighting and policing, there are often trade-offs that must be considered, as well as unintended consequences. In the case of banning disposable vapes, the trade-off is a reduction of individual liberty and bodily autonomy resulting from people having fewer choices. This is a serious thing to consider. Freedom is something that all of us enjoy in our day-to-day lives. We all enjoy having the agency to decide whether or not to smoke or drink, whether or not to gamble or play video games late into the night. If you don’t understand my point then consider whether or not you would be happy if someone chose which clothes you could wear every day. Often people take freedom for granted and do not realize how good it is until it is gone. If the real meaning of freedom is freedom from government then we all have an interest in keeping the government’s role as limited as possible.
Libertarians argue that the government's role should be minimal, intervening only when necessary to protect individuals from harm caused by others. In the case of disposable vapes, adults choosing to use these products are not causing direct harm to others. Therefore, the imposition of a ban goes beyond the legitimate scope of government authority.
Moreover, the push to ban disposable vapes ignores the principle of informed decision-making. Adults are capable of making choices about their health and well-being, and they should have access to accurate information to guide those decisions. Instead of outright prohibition, efforts should be directed toward education and awareness campaigns that provide users with the necessary information to make informed choices about vaping.
Additionally, a ban on disposable vapes may increase the size of the already existing underground market in dangerous illegal vapes that often contain dangerous substances such as lead, nickel, and chromium. Millions of illegal and potentially harmful vapes have been seized by trading standards in the last three years, with 1,352,063 seized by trading standards at Hillingdon borough council in west London alone.2 Prohibition has historically proven ineffective in deterring use and often leads to the proliferation of illicit markets. A more pragmatic approach involves reasonable regulation that ensures product safety while allowing adults to make choices that align with their preferences.
As Milton Friedman once said: “One of the great mistakes is to judge policies and programs by their intentions rather than their results.” We’ve seen the results of prohibition before. Many people today continue to use psychoactive drugs such as cannabis and psilocybin despite them being illegal. The result of prohibition is that it restricts personal freedom, increases violent criminality, and leads to dangerous unregulated products. It also costs the Treasury a huge amount of money, both from lost tax revenue and the cost of policing drug use. As it stands, the black market in illegal cigarettes costs the Treasury £2bn each year, and the practice has become more rife as cigarette duties increase. Across England and Wales, 13 million illegal cigarettes were seized in 2021.3 The current black market in cannabis is worth £2.6 billion per annum, with 255 tonnes sold to three million users in 2016/17.4 With the war on smoking and drugs having already created a large black market, should the government really be prohibiting disposable vapes as well?
In conclusion, the proposal to ban disposable vapes is a ridiculous idea being promoted by a Prime Minister who is out of ideas and in search of a legacy policy. Rather than resorting to prohibition, a balanced approach involving education, regulation, and enforcement can better address concerns surrounding vaping while upholding the principles of personal freedom.
E-cigarettes around 95% less harmful than tobacco estimates landmark review - GOV.UK (www.gov.uk)
Millions of illegal vapes seized in UK in three years, data shows | Vaping | The Guardian
13m illegal cigarettes seized from UK streets as black market booms - CityAM
UK’s illicit cannabis market worth £2.5bn a year, finds new report — Institute of Economic Affairs (iea.org.uk)