Illegal vapes_South Yorkshire police

The Chartered Trading Standards Institute (CTSI) has called for more support to help tackle the rise of non-compliant vape products currently flooding the UK market.

Warning that the situation is “getting out of hand”, the CTSI has called for “clearer direction from government” on this issue including from DHSC and relevant agencies particularly in relation to non-compliant products, and greater resources to fight the non-compliant trade.

Cutting youth appeal

It also proposed that manufacturers publish batch numbers of non-compliant products so that retailers know what they should not be selling, and the introduction of restrictions to stop young people taking up vaping without impacting on the move from smoking to vaping, including prohibiting cartoon characters or light up vapes, restrictions on the colours of packaging as well as the promotion of vapes on social media platforms such as TikTok.

Other suggestions included looking at where the products are positioned in stores and increasing the sanctions available for those producers, suppliers, retailers who don’t comply with the law.

The CTSI warned that Trading Standards teams across the UK are “overwhelmed” by the volume of non-compliant vapes being sold by retailers, with 1.4 tonnes of illegal vapes seized in the last six months of 2022 in the North East of England alone.

It estimated that based on test purchasing, around one in three vape products may be non-compliant – this may include having the wrong health warning, the wrong tank size, a higher concentration of nicotine,
containing CBD, incorrect labelling, or a combination of any of these issues.

Commenting on the CTSI’s proposals, the UK Vaping Industry Association (UKVIA) said:

”We share the CTSI’s concern over the growth in illicit and underage vape product sales and fully support their call for more resources.

“We also agree wholeheartedly that restrictions need to be explored to address youth vaping without impacting on adult smokers who wish to switch to vaping in order to quit their habits.”

The UKVIA added that it has been working on a Youth Access Prevention Taskforce to develop detailed proposals to deal with the situation, which include:

• On-the-spot fines of up to £10,000 per instance for retailers who are found to be selling to minors and for selling illicit products

• a national registration scheme for all retailers meaning only those outlets that meet qualifying criteria can legally sell vapes

• a national test purchasing scheme which will ensure constant monitoring of retailers’ selling vapes to ensure that they are not turning a blind eye to purchases involving minors.

The vaping industry trade body said any action would need more support.

”Critical to the success of our proposals will be a ramping up of enforcement and this requires major funding in resources on the ground.

“By Trading Standards’ own admission, resources are sadly lacking and the government needs to step in and look at this situation as a matter of urgency. Our proposals are designed to support this funding need as monies will be raised from the fines and registration scheme. We will he presenting our proposals to government and parliamentarians at the end of March.”

Read our in-depth Tobacco, Vaping and Next Generation article