The Underestimated Epidemic of Illegal Vape Sales in the UK

In recent years, the UK has witnessed a troubling surge in illegal vape sales, with a proliferation of unlicensed products flooding both high streets and discreet online marketplaces. According to recent reports, nearly one-third of vapes sold in the UK are non-compliant with existing regulations.

With the upcoming UK Single-use Vape Ban in 2025, this alarming statistic of illegal vape sales is expected to rise further. It is not only compromising public health but also posing significant challenges to law enforcement and regulatory bodies.

What Is the Current State of Illegal Vaping in the UK?

 According to The 2024 Illegal Vaping Report by Vape Club, since 2020, authorities have seized a staggering 4.18 million illegal vapes, with 1.57 million confiscated in 2023 alone.

The scale of the problem is further highlighted by the fact that the number of illegal vape devices seized has increased 19 times between 2020 and 2023.

London and Greater Manchester are particularly targeted by illegal vape sellers, with these areas responsible for 40% of the total seizures nationwide.

Why Are Retailers Selling Illegal Vapes in the UK?

The primary motivator for illegal retailers is profit.

With over 230 new independent shops opening in 2023 alone, many have been caught selling non-compliant products.

Selling unregulated vapes, which often fail to meet the UK's strict safety standards, containing harmful substances like lead and nickel, allows these retailers to bypass the costs of compliance with safety standards, offering cheaper products that attract price-sensitive customers, especially young people.

The lack of rigorous enforcement in certain areas also emboldens these sellers, as they perceive a low risk of being caught. Additionally, the high demand for vaping products, particularly among the youth, drives these retailers to meet that demand by any means, legal or otherwise.

What Is Causing the Rise in Youth Vaping?

The surge in youth vaping is alarming. According to Headline results ASH Smokefree GB adults and youth survey results 2023, it’s revealing a dramatic 50% rise in the proportion of children in Great Britain who have tried e-cigarettes over the past year. Notably, the use of disposable vapes among children aged 11 to 17 surged from 7.7% in 2021 to an astonishing 69% in 2023.

There’s the undeniable allure of flavoured disposable vapes. With enticing names and bright packaging, these products are marketed in a way that appeals directly to young people, creating a false image of vaping as a harmless or even trendy alternative to smoking.

Many of these shops blatantly ignore the 18+ age verification laws, providing easy access for minors to purchase vaping products. This disregard for regulation not only undermines efforts to control underage vaping but also poses significant health risks to young consumers who are often unaware of the potential dangers associated with unregulated products.

This lack of enforcement, particularly in areas with less stringent oversight, further exacerbates the issue, allowing young people easier access to vaping products that should be restricted to adults.

What Fines Do Illegal Vape Retailers Face?

According to The 2024 Illegal Vaping Report by Vape Club, despite the identification of 2,871 sellers in possession of illegal vapes in 2023, enforcement remains a significant challenge.

Alarmingly, only 139 of these sellers received fines or penalties, and in London, out of 787 identified sellers, a mere three(0.38%) were punished, which underscores a considerable gap in regulatory enforcement.

This situation highlights the urgent need for more robust measures to tackle this growing issue effectively. The current enforcement framework is inadequate, and without stringent penalties, illegal vape retailers may continue to operate with relative impunity.

How Is the UK Government Responding to Illegal Vape Sales?

The UK government is intensifying its efforts to curb illegal vaping, with the creation of an “Crackdown on illegal sale of vapes - GOV.UK” marking a significant initiative aimed at reducing underage sales and the circulation of non-compliant products.

Among the proposed measures are stricter regulations on packaging and advertising designed to deter youth attraction. However, the suggestion to potentially ban flavoured vapes raises concerns within the adult vaping community.

Flavoured vapes play a crucial role for many adult vapers who depend on them as an effective tool to quit smoking. If the favourite flavours were also prohibited, it might inadvertently push adult vapers toward the black market, mirroring concerns sparked by the upcoming ban on disposable vapes.

While the government’s intention to Stopping the start: our new plan to create a smokefree generation - GOV.UK is laudable, it is important to address the influence of enticing packaging as the initial draw for the youth.

Finding a balance between restricting flavours and controlling packaging is essential. The focus should perhaps be on regulating the appearance of these products to diminish their appeal to minors, while maintaining access to flavoured vapes for adults. This approach could help support smoking cessation efforts without driving adult vapers to seek alternatives in unregulated markets.

How Do We Identify an Illegal Vape in the UK?

Identifying illegal vapes in the UK requires vigilance and a good understanding of regulatory standards, specifically those set by the Tobacco Products Directive (TPD) and the Tobacco and Related Products Regulations (TRPR).

Lack of MHRA Approval: Legal vapes must be authorized by the Medicines and Healthcare products Regulatory Agency. Verify MHRA approval on the packaging or the manufacturer's website.

Excessive Nicotine Levels: UK regulations cap nicotine content at 20mg/ml. Products exceeding this limit is completely illegal.

Tank Capacity Exceeding Limits: TPD regulations stipulate that e-cigarette tanks must not exceed a capacity of 2ml. Larger tanks may signify a non-compliant product.

Non-Compliant Packaging: Legal vapes should have child-proof packaging and clear labeling, including health warnings and nicotine content. Packaging that lacks this information could indicate an illegal product.

Lack of Ingredient Disclosure: Products must list all ingredients contained in the e-liquid. Missing or incomplete ingredient lists can suggest an illegal product.

Absence of a Health Warning: TPD/TRPR regulations require that nicotine-containing products carry a prominent health warning. The absence of such warnings is a red flag.

No Age Verification: Reputable sellers will always check age before sale. If a retailer does not ask for age verification, they might be selling illegal products.

Source

• Crackdown on illegal sale of vapes - GOV.UK
• illicit vapes enforcement squad - Search - GOV.UK
• Stopping the start: our new plan to create a smokefree generation - GOV.UK
• https://ash.org.uk/uploads/Headline-results-ASH-Smokefree-GB-adults-and-youth-survey-results-2023.pdf?v=1684400380
• The 2024 Illegal Vaping Report