Disposables ban to fuel illicit market, warns Fed

The government announced it is planning to enforce a ban on disposable vapes yesterday, effective by the end of this year or the beginning of 2025, in response to a consultation launched in October.

The government’s proposals include:

• Make it an offence for anyone born on or after 1 January 2009 to be sold tobacco products
• Prohibit proxy sales in line with the change in age of sale legislation
• Include all tobacco products, herbal smoking products and cigarette papers, in scope
• Require warning notices in retail premises to read “it is illegal to sell tobacco products to anyone born on or after 1 January 2009” when the smokefree legislation comes into effect
• Introduce a ban on disposable vapes after an implementation period of at least six months
• Restrict vape flavours
• Restrict how vapes are displayed in stores
• Restrict packaging and product presentation for vapes
• Apply the above restrictions on vaping to non-nicotine vapes and other consumer nicotine products such as nicotine pouches
• Introduce a new £100 fixed penalty notice for breaches of age of sale rules for tobacco and nicotine products

The move is due to a concern of youth vaping, and includes a clamp down on packaging, displays, flavours and the sale of nicotine pouches to under-18s too.

The initial measures are also subject to further consultation, with the government adding that there is a strong case to take action to reduce the affordability of vapes and is continuing to consider options, including a new duty, to achieve this. 

Muntazir Dipoti, president of the Fed, said that while “action is needed” to prevent youth vaping, banning disposables is “not the way to go about it”.

“An outright ban will simply send youngsters towards unorthodox and illicit sources where there is no compliance to tobacco and vaping laws, while the products they peddle are likely to contain dangerous and illegal levels of toxic chemicals,” he said.

“Disposable vapes are usually more affordable and, as such, are a bigger incentive for adult smokers to change to vapes.”

Dipoti added that more financial resources are needed for educational campaigns to counter the issue at hand, and a disposal scheme similar to the deposit return scheme is needed to address environmental concerns.

“Vape retailers are responsible and offer a recycling option, but the government should be looking at making available more ways to safely recycle disposable vapes,” he said.

Meanwhile the ACS has called for better enforcement of existing regulations in response to the proposed ban of disposable vapes.

ACS chief executive James Lowman said: “There are rules already in place to stop children purchasing vapes, to stop vapes being littered and ensure they can be recycled, and to punish those who sell illicit products. The government’s proposals will have a significant operational and financial impact on legitimate retailers, while rogue sellers will continue on without concern.”