Retailers need to check charging ports and refill availability on refillable and rechargeable vapes ahead of the disposable vape ban.

According to an industry expert, non-compliant vapes posing as legitimate rechargeables are entering the market ahead of the ban. Retailers found selling vapes with defective charging ports will be breaching the new legislation.

Speaking on a webinar preparing businesses for the disposable-vapes ban last week, Chartered Trading Standards Institute (CTSI) lead for tobacco and vaping David Hunt warned: “Compliant products after the ban must be refillable, rechargeable with a USB port and have a coil that can be replaced by the user.

“Unfortunately, I have seen devices come across my desk where there’s been a USB port and it’s not been connected when I’ve tried to charge them. We have powers to sample and test equipment.

“If we have intelligence from a consumer complaint that a device isn’t correct, we will go out and seize samples.

“Checking USB ports and labelling is something I do with all the devices that come across my desk.”

Retailers need to ensure that they have refills available for the rechargeable vapes they sell

Hunt also warned that retailers who stock rechargeable devices after the ban comes into effect must also have refillable liquids readily available to the customer. Otherwise, they will be in breach of legislation.

He added: “When I go into shops and look around, I see plenty of devices that will be compliant, but I don’t see the refills or replacement tanks.”

When does the disposable vape ban come into force, and what are the penalties for breaching it?

The disposable vape ban comes into force on 1 June 2025. In January, the government set out guidance for retailers. This included details on the definition of single-use vapes, and the penalties retailers could face for breaking the ban.

Punishment for selling disposable vapes after the ban comes into force vary around the UK.

Fines of £200 are confirmed for first offence cases of retailers found continuing to sell disposables vapes after June 1, with the guidance also confirming Trading Standards will also be able to issues stop notices and compliance notices, as well as seize any noncompliant products found.

In the case of further offences, retailers “may be charged with an unlimited fine, a prison sentence of up to 2 years, or both. You may also receive an additional cost recovery notice, where you must pay the costs incurred by Trading Standards while investigating your offence. This includes investigative, administrative and legal costs,” the guidance says. 

In Scotland and Northern Ireland, the fine could escalate to £5,000. A two-year prison sentence is also possible for the worst offenders across England, Scotland and Northern Ireland.

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