Should the UK government increase fines for rogue sellers of illegal disposable vapes?
A recent list shared by UK Trading Standards has exposed the sheer scale of illegal disposable vape products that are being sold openly in the UK by rogue traders.
The availability of these untested devices is putting pressure on Public Health England’s statement that vaping is 95% safer than smoking, threatened by a deluge of illegal disposable vapes flooding the UK market, with rogue retailers in the UK which may pose a future risk to consumer health.
These products, which are mostly disposable vapes, have not achieved ‘submitted notified’ status with the Medicines and Healthcare products Regulatory Agency (MHRA) and therefore have been tested for banned substances in accordance with UK regulations.
Many of these devices have e-liquid capacities greater than the maximum UK limit of 2.0ml, as well as some devices that contain more than twice the legal amount of nicotine.
View Trading Standards’ full list of illegal disposable vapes (not listed with the MHRA) here:
The core message that vaping is 95% safer than smoking may unravel very quickly if any of these illegal disposables were found to contain a banned substance. The influx of these devices has made it difficult for the regulated vape industry to differentiate itself from the impact of these potentially harmful illegal products.
The Trading Standards list (available to download above) contains over 100
brands of disposable vapes that are non-compliant according to UK regulations, which could pose a serious risk to consumer health.
Biggest threat to the UK vape industry
At the November meeting of the United Kingdom Vaping Industry Association (UKVIA), the leading UK trade association for the vaping sector, illegal vape products and underage vaping were identified as the biggest threats to the UK vape industry and the country’s aspiration to go smoke free by 2030.
John Dunne, Director General of the UKVIA said, “Our members work very hard and at great cost to ensure that the vape products they manufacture and sell are as safe as possible for the consumer.
Providing a safer alternative: the BEAR + Aspire R1 is the UK's first compliant 3500 puff disposable vape!
In order to provide an alternative to these illegal devices, Eco-Vape has partnered with world leading vape manufacturer Aspire to create the UK’s first compliant 3500 puff disposable vape.
The BEAR + Aspire R1 is fully compliant thanks to its refillable 2ml tank, is listed with the MHRA as ‘notified, submitted’ and is available to buy for only £9.99, or 3 for £25.
We hope that it will undercut the illegal vape market and provide a safer and properly tested alternative to the illegal devices that have flooded the UK vape sector.
Increase fines for rogue sellers of illegal vape products
Dunne added; “Illegal vape products not only pose a potential risk to the consumer, but also undermine the positive impact that regulated vape products have on improving the lives of millions of former smokers.
We have called on the government to increase fines for rogue sellers of illegal vape products and to execute a vape licensing scheme, we have not had a response to date.”
Rogue retailers are focussed on profit over consumer safety
This leaves a glaring question, why has the vape sector seen such a large increase in illegal devices?
According to Robert Sidebottom, Managing Director at Eco Vape and Non-Executive Director for Arcus Compliance; “the reason there is so much illegal activity is that these are small, high value, easily moved addictive products, which when paired with relatively complex regulations and a limited capacity to enforce them, makes for a ripe black market. It is difficult to apportion blame to one area of the supply chain, or provide a quick fix for this issue.
The rogue manufacturers in China are aware of the UK regulations, rogue wholesalers who purchase these items know they are illegal and rogue retailers are focussed on profit over consumer safety.
We need to be clear that many of these untested products are getting into the hands of children. We need to urgently provide enforcement officers with the resources to deal with these dangerous products.”
Rogue retailers are focussed on profit over consumer safety
It goes without saying that these illegal devices are unlikely to comply with other UK regulations, including disposal regulations such as Waste Electrical and Electronic Equipment recycling (WEEE). This only adds further pressure on the regulated vape industry, whom could be considered guilty by association.
The time for action is now. The entire vape industry, alongside the UK government, local enforcement agencies, wholesalers and retailers all need to work together to provide more protection for consumers.
It’s essential that the industry does all it can to increase barriers to underage vaping and to ensure the message that vaping is 95% safer than cigarettes does not go up in smoke.
