Tory Peer Faced Questions on Vaping Regulation Before Joining Vape Manufacturer

A Conservative peer and vice-president of the Local Government Association raised parliamentary questions regarding vaping regulations prior to taking a paid advisory role with a major Chinese vape manufacturer popular among youth.

Lord Porter of Spalding is part of an advisory board established in 2023 by HG Innovation, a Hong Kong-based company known for its leading vape brands, Lost Mary and Elf Bar.

Other members of the advisory team at HG Innovation, which produces its products in China, include George Eustice, former Secretary of State for the Environment, and Lord Walney, who previously advised Prime Minister Gordon Brown.

The vaping industry is currently under scrutiny, as the government is concerned that these products are attracting younger individuals rather than solely assisting adult smokers with quitting.

Ministers are considering measures to limit disposable vapes, and the King’s Speech delivered in July proposed initiatives to prevent vapes from being marketed to children through control over flavors, packaging, and advertising. Research from Action on Smoking and Health indicates that Elf Bar and Lost Mary rank among the top three disposable vape brands favored by 11 to 17-year-olds in the UK.

Last year, these two brands together accounted for over one-third of the UK’s legal vape market, according to data from Euromonitor.

Lord Porter, who has a long career in local government and previously served as a non-executive director at the Ministry of Housing, Communities and Local Government, raised two parliamentary questions concerning vaping in February 2022.

His first inquiry focused on the government’s assessment of Trading Standards’ capacity to oversee the sale of vaping products and combat illicit tobacco products. A second question addressed potential government plans to enhance regulatory authority over the sale of these products to minors. Further investigation by The Times revealed that HG Innovation and Capital Counsel, a lobbying firm representing the company, have connections within both the industry and Parliament.

HG Innovation’s clients include both the company, which was previously known as IMiracle, and the All-Party Parliamentary Group (APPG) on Responsible Vaping.

Capital Counsel assists the parliamentary group with its operations, and Lord Walney is a member, according to the group’s website.

The parliamentary group has recently initiated an investigation into vaping, addressing government responses to issues such as flavors, packaging, display, taxation, and the banning of certain vaping products.

Hazel Cheeseman, CEO of Action on Smoking and Health, stated, «HG Innovation is trying to project a responsible image, yet they are significantly contributing to youth vaping in the UK due to their aggressive marketing strategies aimed at children.»

She emphasized the need for the government to swiftly enact new regulations to create a more stringent framework for vaping products while cautioning against the value of engaging with companies like HG Innovation or their affiliates.

Cheeseman pointed out, «It’s concerning that Lord Porter posed questions that aligned with the interests of a company that he later joined as an advisor. His connections with the tobacco industry through the Tobacco Manufacturers’ Association indicate a potential conflict of interest.» 

In response to inquiries about his parliamentary questions in the context of his advisory role with HG Innovation, Lord Porter commented: «The questions were a byproduct of discussions during my tenure at the Local Government Association, before I assumed my vice-presidential position. They were submitted a year prior to the establishment of the advisory board in January 2024, and I was unfamiliar with anyone in the vaping industry at the time, although I supported the notion of using vaping to aid smoking cessation.»

Lord Porter’s involvement with HG Innovation has been officially disclosed in the House of Lords’ register of interests.

Lord Walney was approached to comment on the potential conflict between his advisory position at HG Innovation and the independence of the parliamentary group’s activities.

Roca asserted that there is no conflict of interest, as Walney’s role with HG Innovation is declared in accordance with the Lords’ code of conduct, which does not prohibit members from engaging with groups in which they may have vested interests.

Members of HG Innovation’s advisory board also include Steve Bennett, a former director of investigations at the National Crime Agency, and Susie Kemp, the former chief executive of Swindon Borough Council.

When discussing potential government bans on disposable vapes, Roca expressed concerns regarding enforcement and clarity regarding which products would remain available for adult consumers following a potential ban. He indicated that any flavor restrictions need thorough evaluation to avoid driving adult vapers back to smoking traditional cigarettes.

 

However, Roca stated that HG Innovation does not target children with its marketing, having implemented measures to ensure responsible advertising, including refraining from promotions on platforms popular with younger demographics, like TikTok. Elf Bar has also removed descriptions and flavors that may attract youth, with similar changes being introduced for Lost Mary.

Furthermore, Roca mentioned that HG Innovation supports more responsible practices within the retail sector, advocating for retail licensing, a balanced vape taxation system aimed at adult smokers transitioning from tobacco, the elimination of inappropriate visuals and language on product packaging, and restrictions on in-store displays, such as keeping them behind counters, in addition to a prohibition on vending machines that sell vaping products.