Countries urged to rethink regulation on harm reduction for better health outcomes

“The idea of banning commodities such as Tobacco Harm Reduction products to inspire behavior change among smokers with the hope that people will stop using tobacco products is not a good idea, as it only creates a black market for such merchandise,” said Clive Bates, a Tobacco Harm Reduction Specialist.

Bates, who is also a Director at Counterfactual Consulting Limited in the U.K, highlighted that tight regulation related to Harm Reduction has many consequences both on the part of regulators and consumers.

Bates warned that regulatory restrictions on Harm Reduction products will increase illicit trade, which will result in regulators losing control and a lot of young people getting involved in illicit trade.

Bates is particularly concerned that young people will be involved not just as consumers, but will also participate in the illegal supply chain of the products being restricted.

Bates said this when he gave a presentation titled, “When Unintended Consequences are the Main Consequences- Rethinking Regulation,” during the 2024 E-cigarettes Summit held in the U.K.

Bates highlighted that regulators need to strike a good balance in their policies regarding Tobacco Harm Reduction products because sometimes people respond to laws that are imposed on them in unexpected ways.

Bates reminded the audience of his 2019 prediction when he said, “Regulators will stand to be taught lessons about the limits of their power by consumers, markets, internet commerce and overseas entrepreneurs.”

He said, “Banning something from circulation is not really banning its use. When you ban something, you are simply telling people to do things their own way. You are indirectly pushing them to buy these products from unregulated and illegal supply chains because people who need these products will find a way to get them.”

Bates said that socially irresponsible people will meet the demand for products such as vapes in countries where regulation is tight. He further emphasised that this is not good as it causes governments to lose revenue and exposes consumers to unregulated products, therefore causing health problems.

The fact that regulatory superpowers like the United States and Australia have over 90% of their e-cigarette markets supplied through unauthorised channels caused Bates to ask, “Has the nicotine market become ungovernable? What’s going on and what can we learn from this?”

This year’s Summit occurred just as the U.K’s government re-tabled the Tobacco and Vapes Bill which seeks additional powers to change how tobacco, e-cigarettes and other nicotine products are supplied and regulated.

According to the summit website, while the public health goal is to reduce or eliminate smoking, the question of how e-cigarettes and other nicotine products fit within this aspiration remains a contentious global public health and policy debate.

Bates says the demand for nicotine cannot be simply pushed away, and that Harm Reduction products are much less harmful compared to combustion tobacco.

“Tight regulations are having the unintended consequence of bringing people back to cigarette smoking, thus causing more harm than good and putting populations at greater risk,” he said.

He explained that as much as regulation is generally intended to protect consumers, some standards should be followed and regulations must be executed carefully. He said, “Legislation that aims to change human behaviour is the kind of legislation where the design in itself may cause unintended consequences.”

Bates said that when it comes to Tobacco Harm Reduction, strict regulation will result in people working around these strategies to produce products in any way possible, even if they pose risks to consumers.

“People will mix flavours their own way, even in unsanitary conditions thereby increasing risks to the consumers,” he added.

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