The Government has been described as “woefully underprepared” for the enforcement challenges that campaigners say will be posed by new nicotine pouch regulations.
Campaign group We Vape has written to MPs across England after Freedom of Information (FOI) data highlighted a major enforcement gap for nicotine pouches.
While Trading Standards teams are already delivering results against illicit vapes with large seizures, test purchases and prosecutions, they have recorded virtually no enforcement activity relating to nicotine pouches, the data showed.
This near-zero activity may be understandable given that, until recently, there have been no specific nicotine pouch regulations to enforce.
However, the campaigners argue the experience of illicit vapes demonstrates how quickly black markets can emerge, and they fear nicotine pouches could follow a similar trajectory if regulators fail to prepare.
The biggest FOI examples highlight the scale of the issue across the last year. In Lancashire, over 20,444 illicit vapes have been seized, with 126 under-age test purchases and eight prosecutions in the county - but zero pouch activity.
In Surrey and Buckinghamshire 16,788 vapes were seized, with 38 tests, six prosecutions, but again, zero pouch activity. Similar patterns were identified in Bristol, Dorset and North Yorkshire.
We Vape has now written to MPs in each affected area, asking them to raise three serious questions with ministers. They want to know what additional ring-fenced funding, guidance and laboratory capacity will be provided so Trading Standards can enforce new nicotine pouch regulations.
They also ask how the Government will ensure Trading Standards officers receive specific training for pouch enforcement, rather than simply having additional duties added on paper.
Thirdly, they ask how the Government intends to protect adult-oriented flavours that help smokers move away from cigarettes while preventing youth marketing and under-age sales.
Mark Oates (left), founder of We Vape, said: “These numbers prove Trading Standards can deliver when given clear rules and modest resources. Nicotine pouches currently show almost zero enforcement activity, which is understandable given the lack of a regulatory framework until now.
“There’s a real risk nicotine pouches could follow the same path as illicit vapes…”
“However, there’s a real risk nicotine pouches could follow the same path as illicit vapes if enforcement teams are expected to take on significant new responsibilities without adequate preparation, training and resources.”
While 18+ age restrictions form part of the Tobacco and Vapes Act, strength limits do not currently exist. Government has the power to introduce these through secondary legislation.
This is the motivation behind the 20isPlenty campaign, the initiative from harm reduction advocates calling for a 20mg cap. Campaigners argue that 20mg represents a sensible balance - both strong enough to help adult smokers move away from cigarettes while reducing the appeal of very high strength products.
Richard Crosby, UK Director of Considerate Pouchers, said: “The FOI data highlights the need to think about enforcement capacity now, before problems emerge.
“The 20isPlenty campaign is calling for a sensible 20mg cap alongside proper support for Trading Standards teams. Adult smokers switching from cigarettes should have access to effective alternatives, but regulators also need the resources to tackle irresponsible products and under-age sales.”
While the Government has announced £10 million for Trading Standards in 2025/26, largely focused on illicit vape enforcement, no dedicated funding package for nicotine pouch enforcement has yet been announced.
Campaigners point to Australia’s experience, where restrictions on nicotine products have coincided with the growth of a substantial illicit market, as a warning of the importance of ensuring regulations are practical and enforceable from the outset.
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