The real winners here are the usual suspects. Pharmaceutical companies benefit because their
threatened monopoly on smoking cessation products (patches, gums, inhalers) is protected. Despite the involvement of major
tobacco companies in the e-cigarette market, they are winners here too. They are the only ones that will be able to afford to stay in the game once the legislation is in place, effectively locking out the innovative smaller businesses that have driven the e-cigarette market up until this point.
The TPD is also is surprisingly lenient on the ‘cig-a-like’ style of e-cigarette favoured by the big tobacco companies. Given that the TPD has been one of the most intensely lobbied pieces of legislation in the EU’s history, perhaps such an outcome was to be expected.
EU tax collectors will also be able to rest easy as the worrying drop in cigarette taxes will be reversed.
Underlying the TPD is the (
blatantly incorrect) idea that e-cigarettes are tobacco products and should be regulated at least as strictly as cigarettes. In fact, e-cigarettes are only superficially similar to cigarettes; the only ingredient that they share is nicotine. And there is precedent for nicotine products getting preferential treatment under EU law: nicotine inhalers (in many ways a closer cousin to e-cigarettes than cigarettes) are taxed at only 5%.
Even more galling for vape shop owners is the fact that
the TPD is at odds with the attitudes of the British government and the British people. The
NHS is on the brink of prescribing e-cigarettes to patients. Public Health England found in the most comprehensive review of the literature to date that vaping is likely 95% less harmful than smoking, UK charities such as
Cancer Research UK and
Action on Smoking Health have come out in support of using e-cigarettes as a quit smoking tool, and
stop smoking services have designed an enlightening and empathetic guide to using e-cigarettes.