§ Mr. FlynnTo ask the Secretary of State for Health (1) what assessment he has made of the health risk posed by the availability of novelty condoms from vending machines in entertainment venues and public lavatories; and if he will make a statement; [12916]
(2) what plans he has to restrict the availability of novelty condoms from vending machines in entertainment venues and public lavatories; [12917]
(3) if he will meet representatives from the medical profession and AIDS charities to discuss the risk posed by the availability of novelty condoms in vending machines in entertainment venues and public lavatories; and if he will make a statement. [12918]
§ Ms JowellNovelty condoms are not recommended for use as a barrier to HIV-AIDS and other sexually transmitted diseases or as a contraceptive. The Department of Health advises the public to use only condoms which carry either the British Standards Institute kitemark or the European CE mark. As novelty condoms are not classed as medical devices under the Medical Devices Regulations 1994, they should not carry the CE mark, and my right hon. Friend the Secretary of State for Health cannot use his enforcement powers under these regulations to restrict their availability. However, any confusion and risk to health caused by novelty condoms being mistaken for genuine condoms would come within the scope of the General Product Safety Regulations 1994, which are enforced by local authority trading standards officers, if there is a significant risk that a novelty condom could be confused with the genuine article and give rise to the transmission of disease then, in the absence of adequate warnings about the hazard, the product could be deemed to be unsafe under the regulations.
767WWe have not received any representations from the medical profession or AIDS charities to discuss novelty condoms, but we would be happy to consider such a request if approached.