Up to 90% of vaping products currently on sale in the UK are estimated to be non-compliant with regulations, according to industry analysts, despite a government crackdown on vape sales starting today (1 October).
New rules target under-18s
From 29 October, it will become illegal to sell vapes or other nicotine products to under-18s, or offer discounts or giveaways on vapes. A government consultation on how vapes are packaged and advertised is also running until October.
Despite previous changes to the law and an increase in seizures of illegal and counterfeit vapes, many retailers are unaware they are selling banned items, the analysts said.
Unlicensed products remain a concern
Zohaib Hashim, a lawyer and regulatory expert who works with the vaping industry, said the new rules did not address the issues around unlicensed products.
“It’s estimated within the industry that up to nine out of ten vape products available in the UK are not suitable for sale under the current rules,” he said.
“This is a real concern for legitimate vape manufacturers and distributors, who have worked with the government consistently to develop safe products.”
“The sale of nicotine to children is a cause for concern, but it is also a serious problem if adult consumers don’t know what they are buying.”
Distribution network risks
From 1 October, vapes must carry a secure physical duty stamp to demonstrate compliance. There are also existing guidelines on how vapes should be transported and stored by sellers.
“Another problem is with how vapes reach shops and consumers,” Hashim continued. “They often reach retailers having travelled through a large distribution network, with little information about where they have come from, how and for how long they have been stored.
“Even for legitimate retailers, the risk of receiving a product that has failed to pass the minimum standards at some point is high.”
Hashim, who is chief executive of Manchester law firm Blackmont Legal, has recently worked with Bulkit, a wholesale platform aimed at reducing the risks by connecting retailers directly with vape manufacturers.
Ash Thakkar, founder and chief executive of Bulkit, commented: “There are so many issues with vapes and nicotine products currently on sale across the UK.
“I speak to retailers who buy their vapes from 10 or 15 different sources, including popular and well-known brands. They don’t fully know what they are selling, and their customers don’t know what they’re buying.
“Retailers need to ask themselves: is this vape fake? Where was it manufactured? Was it legally imported? Has it been stored and tested properly?
“Retailers and users are becoming more aware of these risks, and as the conversation grows around nicotine products and those who sell them, somebody needs to step up and give them clarity.”
