Shops Are Ignoring The Ban

The BBC says: “Nearly two weeks on from a ban on the sale of single-use disposable vapes in the UK, many shops have been found still to be openly selling the illicit items. Almost half of the 21 stores which an undercover BBC reporter visited cities in Yorkshire continued to sell the vapes as though there had been no law change.”

The previous Conservative government introduced the single-use vapes ban with the stated intention of preventing young people from accessing vape products – ignoring that it was already illegal for them to purchase vapes (disposable or otherwise) and that they were sourcing devices from the unregulated black market. Labour continued to support the ban, which came into force on June 1^st.

The government states: “In the first instance, Trading Standards will apply civil sanctions (non-criminal penalties). For example, a: 

• stop notice 
• compliance notice 
• fine of £200 

“Trading Standards can seize any single-use vapes they find. If you continue to stock, sell or supply single-use vapes (or offer to), you may be charged with:

• an unlimited fine
• a prison sentence of up to 2 years

“You may also receive an additional cost recovery notice. This means you must pay the costs incurred by Trading Standards while investigating your offence, including investigative, administrative and legal costs.”

Warnings were sounded all the way up to the implementation of the ban. Industry experts at Vape Club raised concerns, stating there is a danger of an increased risk of potentially dangerous illegal products entering the country, as 1 in 2 UK vapers say they have bought a suspected illegal vaping product prior to the disposable vape ban taking hold.

Hazel Cheeseman, chief executive of anti-smoking charity Action on Smoking and Health, told the BBC that “new reusable vapes are very similar to single-use vapes, meaning it is “unlikely will have that much impact.”

Cheeseman has begun demanding plain packaging, the banning of flavours, and an increase in the price of vape products – three actions guaranteed to increase black market activity.

“One shopkeeper I spoke to told me he knew he was breaking the law by selling the single-use disposable vapes, but he added that he wanted to sell his remaining stock at a discount,” the BBC says.

A Defra spokesperson told the BBC: "Rogue traders will face serious penalties, up to and including criminal prosecution."

The BBC’s findings indicate that the Association of Convenience Stores was correct in calling for more resources for Trading Standards officers to be able to enforce against rogue traders.

James Lowman previously told Planet of the Vapes: “We strongly support robust enforcement activity, starting with the businesses that are already openly flouting the rules by selling illicit product and who will continue to sell disposable vapes once they’re outlawed. It is essential that Trading Standards teams are given the resources they need to get illegal vapes and other products off the streets, as these rogue businesses undermine the work of responsible retailers across the country.”

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• Author

Dave Cross

Journalist at POTV

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Dave is a freelance writer; with articles on music, motorbikes, football, pop-science, vaping and tobacco harm reduction in Sounds, Melody Maker, UBG, AWoL, Bike, When Saturday Comes, Vape News Magazine, and syndicated across the Johnston Press group. He was published in an anthology of “Greatest Football Writing”, but still believes this was a mistake. Dave contributes sketches to comedy shows and used to co-host a radio sketch show. He’s worked with numerous start-ups to develop content for their websites.