UK Disposable Vape Ban: ACS Clarifies Rules for Retailers

ACS issues guidance on June 1st disposable vape ban, addressing retailer confusion over tank sizes, refill pod sales & compliant stock.

With less than two weeks remaining until the UK-wide ban on disposable vapes takes effect on June 1st, the Association of Convenience Stores (ACS) has issued new guidance to address ongoing confusion among retailers regarding their obligations, particularly concerning e-liquid tank sizes and the sale of refill pods for reusable devices.

The ACS guidance aims to provide clarity as retailers navigate the transition away from single-use products. A key point addressed is how to determine if a vape product remains compliant after the ban. While the MHRA (Medicines and Healthcare products Regulatory Agency) website, which lists all legal vapes, will eventually be updated to reflect only compliant (reusable) products, the ACS notes this may not occur immediately on June 1st. In the interim, retailers are advised to follow ACS Assured Advice for selling vapes to ensure compliance.

Tank Capacity and “Puff Count” Misunderstandings

Recent incidents, such as a South London retailer reportedly being incorrectly told by Trading Standards to dispose of compliant stock based on a misunderstanding of puff counts versus legal tank capacity, have highlighted the need for clear information. The ACS guidance clarifies that while the “600 puffs” often associated with a 2ml disposable vape was a useful pre-ban approximation, it becomes irrelevant after June 1st when only rechargeable/refillable devices are legal.

For these reusable devices, the maximum vape tank capacity remains 2ml. However, the maximum size for e-liquid refill containers (bottles) is 10ml, allowing for significantly higher total usage. The “600 puff limit” itself is not a direct legal measure for reusable systems; the 2ml tank and 10ml refill bottle limits are the key TRPR (Tobacco and Related Products Regulations) stipulations.

Guidance on Selling Refill Pods and Managing Unsold Stock

The ACS also addressed the impression that retailers are legally mandated to sell refill pods alongside reusable devices. The guidance explains that while refill pods for a device “must be available on the market,” they do not necessarily need to be sold at the same location as the device itself. However, both the ACS and Defra (Department for Environment, Food & Rural Affairs) strongly recommend that shops do stock and sell compatible refill pods. This practice helps ensure that the refillable devices sold can be easily proven to be compliant and genuinely reusable by consumers.

Regarding any unsold disposable vape stock after the June 1st deadline, the ACS advises retailers that the most critical action is to remove it from the shop floor immediately and clearly label it as “not for sale” in storage. Some suppliers and wholesalers may offer return schemes for unsold disposables; otherwise, these products will need to be recycled according to WEEE (Waste Electrical and Electronic Equipment) regulations. Retailers are encouraged to speak with their vape suppliers about any take-back or recycling facilities they may offer.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.