vaping

An announcement by the government that it plans to introduce a range of measures to tackle underage vaping has been welcomed by representatives of the independent retail sector.

The measures announced include:

  • closing a loophole that allows firms to offer free samples of vapes to children;
  • increased education and dedicated school police liaison officers to keep vapes out of schools;
  • a review on the level of fines for shops selling illicit vapes;
  • a review on whether nicotine-free vapes should be banned for under-18s.

The new measures were announced by the prime minister Rishi Sunak, who said: “I am deeply concerned about the sharp rise in kids vaping and shocked by reports of illicit vapes containing lead getting into the hands of school children.

“Our new illicit vape enforcement squad – backed by £3m – is on the case, but clearly there is more to do. That is why I am taking further action today to clamp down on rogue firms who unlawfully target our children with these products.

“The marketing and the illegal sales of vapes to children is completely unacceptable and I will do everything in my power to end this practice for good.”

There will also be a review into the rules on issuing fines to shops selling vapes to under 18s to allow trading standards officers to issue on-the-spot fines and fixed penalty notices more easily. This will aim to complement existing fine and penalty procedures, and where possible cover both illegal and underage sales for vapes and tobacco. Where gaps are identified, we will take action to close them.

Health minister Neil O’Brien said a new specialised illicit vapes enforcement squad will also clamp down on online shops selling illicit vapes to under 18s.

ACS chief executive James Lowman said: “The vaping market has grown significant over the past few years and convenience retailers have continued to act responsibly in the sale of these products by implementing age verification policies such as Challenge25. We welcome further resource to tackle underage vaping and the proposed ban on giving away free vapes to children. This simply does not happen in our sector and of course should not be legal.

“Now is the time for action against the irresponsible sale of these products to protect children and responsible retailers. There needs to be swift and decisive enforcement action on the ground to send the message that vaping products need to be sold responsibly to ensure the safety of our communities.”

ACS has developed guidance alongside Surrey and Buckinghamshire Trading Standards on how to sell vapes responsibly and encourages retailers to use the Challenge25 policy for the sale of vapes, as is already the case for other age-restricted products such as alcohol or tobacco.

The Fed has also welcomed the government’s announcement but its national president Jason Birks said that trading standards need greater financial support if it is to successfully stamp out the illicit vape and tobacco market.

He said: “Fed members are responsible retailers who abide by the law governing sales of any age-restricted products but, unfortunately, we know that there are rogue shopkeepers who will sell vape products to under 18s.

“As a result, the Fed supports the government’s proposals to close the loophole which allows retailers to give free vapes to children legally. We also support the government’s review into selling nicotine-free vapes to under-18s as retailers should be discouraged from encouraging children from taking up smoking and vaping.

“However, while we are supportive of the government’s stance to tackle the vaping epidemic among youngsters, we firmly believe that the regulatory authorities need greater support if they are to meaningfully counter the illicit trade.

“The Khan Review in 2022 recommended that trading standards receive an increase of £15m in funding to tackle the illicit vape and tobacco trade. Since then, the government has only increased funding by £3m. This is simply not enough.

“The Fed asks that the government properly fund the appropriate regulatory bodies to counter the illicit markets for tobacco and vapes. We also ask that the government increases the powers of these enforcement agencies to issue on-the-spot fines while increasing the maximum fine amount.

“We hope these actions will better aid trading standards in cracking down on the illicit market and reduce the levels of vaping among the young, and in turn assure consumers that retailers are trading appropriately.”

Topics