Scotland proposes disposable vape ban

The Scottish government has proposed a ban on disposable vapes, which could apply from 1 April 2025.

The news follows the England and Wales ban proposed by the UK government in January this year, which was announced following a consultation launched on smoking and e-cigarettes.

Retailers could lose thousands of pounds due to the move.

Scotland’s draft legislation is open for two weeks until 8 March, and the government is moving forward with the ban based on concerns of youth vaping and environmental damage.

The Scottish government will also bring forward UK-wide plans to increase the age for purchasing tobacco, making it illegal for anyone born after 1 January 2009 to buy the product.

This will be brought forward through UK-wide legislation, with a legislative consent motion then needed in Scotland.

Separate legislation has been introduced by each nation on banning the sale and supply of single-use vapes.

Speaking to Better Retailing, Shakir Shakoor, of Weaver Row Newsagents in Stirling, Glasgow, said: “The [vape] industry has exploded, so there’ll be a gap in the market. As a product that sells in great quantity, coming out of Covid it was a godsend, but the market will balance back out. People will go down the re-chargable route, and I imagine the government will reduce flavours and restrict packaging.”

Sophie Williams, of Premier Broadway Convenience Store, Oxgangs, Edinburgh, told Better Retailing: “We’ve been expecting this for a while – I’m surprised it hasn’t happened already to be honest. I think vapes have been out in the market for too long for a blanket ban. Do they not think it’s better for people to source vapes from a reliable source? People will go underground to get vapes, and you don’t know what’s going into your body [with the illicit products]. I think the ban will have the opposite effect.”

ACS chief executive James Lowman said: “The Scottish government should not rush to implement the disposable vapes ban without proper consultation with industry and a clear understanding of the impact the illicit vaping market that already accounts for one third of the overall UK vaping market. The lack of a published impact assessment reveals the scant consideration of how vapers will respond to this change in the law, and how it will swell the already huge market in illicit vapes.

“We need a clear plan in place for communicating this policy change to consumers without undermining smoke free targets, as our research also suggests that 8% of disposable vape users will return to tobacco products when the ban is introduced.”

Scotland’s circular economy minister Lorna Slater said:  “The public consultation [Creating a Smoke-free Generation and Tackling Youth Vaping] demonstrated that there is strong support for tougher action on vaping.

“From causing fires in waste facilities to more than 26 million disposable vapes being consumed and thrown away in Scotland in the past year, single-use vapes are a threat to our environment as well as to our public health.

“These proposed changes to the law demonstrate our absolute commitment to further improve the wellbeing of communities and protecting our beautiful natural environment.”

SGF response

The SGF called on the government to set out a clear plan to tackle illicit products in the sector in response to the proposal.

SGF’s chief executive, Pete Cheema OBE, said: “NHS England has made it clear that nicotine vaping products are one of the most successful cessation aids available. At the moment, they are legally accessible and affordable for adults who wish to quit smoking, but that won’t be the case after 1 April next year.

“SGF wants to see tighter regulation of these products. They should not be targeted at younger people and should only be sold by legitimate traders who take their responsibilities seriously. Those found in breach of the rules should feel the full force of the law.

“However, there is already a significant illicit market for disposable vapes in the UK. Including potentially unsafe products. That will only get worse after a ban.

“The Scottish government, and the UK government, need to be clear about how they intend to tackle these problems, which are undoubtedly now on the horizon.

“The draft regulations do not make it clear how they intend to solve the problem of increasing illicit trade, and that needs to be a priority. Likewise, it is critical that they do not over-regulate flavouring, which is proven to be the key driver for smokers switching, if they wish to.”   

ACS letter

On 23 February, the ACS addressed a letter, signed by chief executive James Lowman, calling on the Scottish government to “properly account” for the impact the disposable vapes ban will have on the illicit market and how trading standards teams will be resourced to address this. 

The letter noted that new consumer polling revealed that almost one in four (24%) existing disposable vape users will continue to use disposables after a ban, with their only option being to source them from the illicit market. The illicit vaping market currently “accounts for around a third of vapes sold in the UK”, the ACS said, with Trading Standards resources unable to meet demand for enforcement visits. 

Lowman said: “The main impact that a ban on disposable vapes will have on rogue sellers will be to drive more people to seek out their products when they can’t get them from legitimate retailers. We need a clear plan to tackle the illicit market and proper consultation with the retail sector about the impact of the proposed ban.”