Trading standards in England have confiscated more than 1.19 million illicit vapes in the 2023-24 period, marking a staggering 59% increase compared to the previous year, according to data released by National Trading Standards (NTS) on Tuesday. The seized products failed to meet basic UK safety standards, with most containing excessive nicotine levels.
The data, gathered as part of Operation Joseph, a Government-funded project targeting enforcement and compliance in the sale of vaping products, also revealed alarming figures related to the sale of illegal vapes to minors. Nearly a quarter (24%) of the 775 in-person test purchases conducted by trading standards between January and March 2024 resulted in children successfully buying illegal vapes.
Identifying Fake Vapes: Trading Standards’ Criteria
To help consumers spot counterfeit vaping products, trading standards have provided the following guidelines:
- Check the number of puffs printed on the vape or label:
- The maximum tank size is 2ml, equivalent to 600-650 puffs for disposables.
- Products advertising significantly more usage than this are illegal.
- Verify the health warnings:
- In the UK, the warning must cover 30% of the front and back of the pack.
- The health warning must read “This product contains nicotine which is a highly addictive substance.”
- The word ‘chemical’ is only used in the USA market; in the UK, ‘substance’ is used.
- Check for nicotine content:
- The product must indicate the nicotine content and delivery per dose.
- The maximum e-liquid capacity is 2ml.
- The maximum nicotine strength is 20mg (2%).
- Confirm the manufacturer’s details:
- The vape packaging must contain the manufacturer or importer name and contact details.
- The manufacturer or importer must be registered on the MHRA website.
Tobacco and Vapes Bill: Strengthening Enforcement and Protecting Public Health
Health minister Andrew Gwynne emphasized the significance of the NTS report in highlighting the prevalence of illegal and harmful vapes on the streets, putting consumers and children at risk. The Government has allocated an additional £10 million to crack down on the illicit trade of tobacco products and vapes, aiming to keep these harmful products out of the hands of children.
The Tobacco and Vapes Bill, set to be voted on by MPs on Tuesday, aims to strengthen enforcement activity, enabling trading standards to take swifter action against non-compliant products and closing loopholes. The legislation includes a total ban on vape advertising and sponsorship, aligning them with current tobacco restrictions.
Lord Bichard, chairman of NTS, stressed the importance of protecting communities, public health, and honest businesses struggling to compete with the influx of illegal products. Trading standards have seized nearly 1.2 million illegal vapes and more than £26 million worth of illicit tobacco so far, but further action is necessary to remove more illegal and potentially dangerous products from sale.
The Tobacco and Vapes Bill also includes powers to introduce a licensing scheme for retailers selling tobacco, vape, and nicotine products in England, Wales, and Northern Ireland, as well as on-the-spot fines of £200 for shopkeepers found selling to underage individuals. Disposable vapes will be banned from June 2025 under separate environmental legislation, and the sale of vapes in vending machines and their free distribution will be prohibited.
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