The disposable vapes ban comes into force in a little over two weeks, but concerns around sales to under-18s look set to be an issue even after refillable devices are the only ones offered.
Researchers from Serve Legal, which works with retailers to improve their ID compliance rates, carried out 16,000 audits of shops selling vapes across 2023 and 2024, and found that while more shops are asking for proof-of-age identification from customers attempting to buy vape products, a significant proportion still do not.
The firm sends 18 and 19 year-olds into shops to buy vapes, deliberately choosing auditors who look younger than their years so that while any sales are legal, retailers should be asking for ID nonetheless – not least when many firms operate a ‘Challenge 25’ policy.
Serve Legal’s data shows that in 2024, forecourt staff failed to ask for identification in 22.9% of cases. While this was an improvement on 2023, when the figure was 32.3%, the firm found that compliance fell significantly after 5pm, with 53% of sales being made with no request for proof of age.
Across all types of shop, including forecourts, specialist vape outlets, convenience stores and supermarkets, the researchers found that compliance was 74% in 2023, 78% in 2024, and stands at 80% so far in 2025.
Commenting on the data, Serve Legal’s co-founder and chief executive, Ed Heaver, said firms should be aware that the disposable ban means vape retailers can expect to come under greater scrutiny, as ”tougher inspections” are on their way. He warned that businesses selling vapes to underage shoppers are ”sleepwalking into fines and licence loss”, and that compliance testing can help them ”spot the weak links” in their operations.
