With the Government’s disposable vape ban now under two weeks away, the challenges the new rules might present for retailers are as important as ever - particularly when it comes to ID checks.
Serve Legal, who carry out audits on age-restricted products, are reminding retailers of the importance of checking the ages of purchasers, and suggest the new legislation could see a shift in who is buying which types, and where. Its most recent data, which tracks the fortunes of specially employed testers at vape stores, convenience stores, forecourts and more across the country throughout February and March 2025, has been released.
Convenience Store spoke exclusively with Serve Legal’s co-founder and CEO, Ed Heaver (left), who said he was surprised by some of the results from the research, which chart the success rates of 18- and 19-year-old official testers as they try to buy a vape with the correct ID, and also without.
In fact, the new research highlights the convenience sector as something of a beacon in age checking shoppers for vapes correctly. “Convenience stores appear to be improving their age verification performance largely due to their robust, centrally managed compliance policies and audit programmes implemented by their head offices,” Heaver said.
“Unlike many independent and small chain vape specialists, national chains benefit from a structured approach to compliance, ensuring consistent training, rigorous ID checks and regular monitoring across all their locations. While increased public concern and the risk of fines from Trading Standards certainly play a role in motivating better performance across retail, the established infrastructure within convenience store chains provides a significant advantage.
“Their head offices proactively manage compliance through dedicated programmes like our third-party audits, leading to a greater emphasis on preventing underage sales and protecting their brand reputation on a national scale. This centralised approach contrasts with the often independent operations of vape specialists, which may lack the same level of compliance focus and resources from a central authority.”
However, the new data also shows a concerning picture in vape specialist retailers, where nearly half of No ID audits result in a successful purchase. This raises significant concerns about the effectiveness of age verification processes in that segment and the potential for underage sales, Heaver believes. “It was surprising to observe such a clear disparity in pass rates between Show ID and No ID audits within convenience stores. This difference reinforces the importance of conducting both audit types to gain a comprehensive understanding of real-world compliance behaviour.
“It’s concerning that average pass rates for vape products continue to remain lower than those for cigarettes. This gap suggests a higher risk of underage access to vapes, which remains a critical issue given the growing prevalence of vape use among young adults and minors.”
“One of the biggest challenges facing retailers in the wake of the disposable vape ban is maintaining high levels of ID compliance as the market shifts.”
Plus, with the market shifting to refillable vapes in a matter of days, Heaver says his team are concerned that compliance might suffer when the new rules do come in. “One of the biggest challenges facing retailers in the wake of the disposable vape ban is maintaining high levels of ID compliance as the market shifts. While recent data shows that refillable vapes have had lower ID pass rates than disposables over the past six months, there have also been periods where refillables outperformed disposables, highlighting the inconsistency in compliance across product types.”
“Although disposable vape compliance has shown improvement over time, there’s concern that this progress may not automatically carry over to refillables without targeted action. The key challenge now is ensuring that compliance is not only maintained but improved as retailers adapt to new products.”
Heaver also points out that this is further complicated by a lack of clarity and consistency in regulatory guidance. He says retailers continue to face difficulties interpreting what’s permitted under the new rules, especially with ongoing changes to packaging, formulations and exemptions - creating potential for unintentional non-compliance at the point of sale.
“Meeting this challenge will require action on the ground - particularly through robust and ongoing staff training. Store teams must be confident in identifying compliant products, handling customer questions and enforcing age checks consistently. With the right support, retailers can successfully navigate this transition and play a critical role in reducing underage access to vape products.”
How the testing process works
“Our store testing process is designed to provide retailers with accurate, actionable insights into their age verification performance. We use a network of trained auditors, aged 18 or 19, who attempt to purchase age-restricted products such as vapes, alcohol, or tobacco. Each test is tailored to reflect real-life scenarios, including both Show ID and No ID audits, to give a true picture of in-store compliance.
“Audits are discreet and consistent, and the results are reported in real-time through our secure online client portal. This allows businesses to monitor performance across sites, identify compliance risks and take corrective action where needed.
“Our process not only supports legal compliance, but also helps retailers improve training, protect young people and maintain public trust - particularly important considering challenges like the disposable vape ban. By staying up to date with changing legislation, our team ensures we deliver the insights retailers need to raise standards and stay ahead.”
Heaver goes on to say he has concerns about whether the disposables ban will even be effective in combating young people buying vapes. “There’s a strong argument that the disposable vape ban, while well-intentioned, may not go far enough to effectively restrict youth vaping. Disposables have clearly been a major access point for underage users, so their removal from the market is a step in the right direction. However, the opportunity to tackle the root causes of youth access - like weak ID enforcement and inconsistent compliance across retailers - may have been missed.
“Our data from the past six months indicates a trend of lower ID pass rates for refillable vape products compared to disposables. But a broader historical view reveals periods where refillables demonstrated stronger compliance. The general upward trend in disposable vape pass rates suggests an overall improvement in verification practices over time. It’s now critical that retailers focus on ensuring this positive shift in compliance is effectively extended and continued for the sale of refillable vape products.
“The bill might have been more effective if paired with a wider strategy - stricter penalties for non-compliance, clearer regulation and support for regular compliance testing. In short, the ban addresses part of the problem - but not the full picture.”
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