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National Trading Standards Report Reveals 59% Increase in Confiscations, Provides Tips to Identify Counterfeit Vapes

Trading standards in England have seized more than 1.19 million illicit vapes in 2023-24, marking a 59% increase compared to the previous year, according to a National Trading Standards (NTS) report released on Tuesday. The report also warns consumers about the prevalence of fake vapes that fail to meet basic UK safety standards, with most containing excessive nicotine levels.

The confiscations took place as part of Operation Joseph, a Government-funded project aimed at tackling enforcement and compliance issues surrounding the sale of vaping products. The crackdown also revealed the alarming trend of illegal vape sales to children under 18, with almost a quarter (24%) of the 775 test purchases conducted in-person by trading standards between January and March 2024 resulting in minors successfully buying illegal vapes.

Tips to Identify Fake Vapes

To help consumers spot counterfeit vapes, trading standards provide the following guidelines:

  1. 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 are illegal.
  2. 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.
  3. Confirm the 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%).
  4. Check 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 Aims to Strengthen Enforcement

The figures come as MPs prepare to vote on the Tobacco and Vapes Bill on Tuesday, which seeks to prevent anyone born after January 1, 2009, from legally smoking by gradually raising the age at which tobacco can be bought.

Health minister Andrew Gwynne emphasized the importance of the NTS report in highlighting the prevalence of illegal and harmful vapes on the streets, putting consumers and children at risk. The government is investing an extra £10 million to keep these harmful products out of the hands of kids and to further crack down on the illicit trade of tobacco products and vapes.

The Tobacco and Vapes Bill aims to strengthen enforcement activity, allowing trading standards to take swifter action to enforce the law, including on non-compliant products, and closing loopholes. The legislation also includes a total ban on vape advertising and sponsorship, including displays seen by children and young people, bringing them in line with current tobacco restrictions.

Trading Standards Calls for Further Action

Lord Bichard, chairman of NTS, stressed the importance of trading standards in protecting communities, public health, and safeguarding honest businesses struggling to compete with the flood of illegal products. He acknowledged the significant seizures of nearly 1.2 million illegal vapes and more than £26 million worth of illicit tobacco so far but emphasized the need for further action to remove more illegal and dangerous products from sale.

The Tobacco and Vapes Bill also includes powers to introduce a licensing scheme for retailers to sell tobacco, vape, and nicotine products in England, Wales, and Northern Ireland, along with on-the-spot fines of £200 for shopkeepers found selling to anyone under age.

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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Brussels is considering a blanket ban on flavored vaping products, a move that could have serious unintended consequences for consumers and undermine smoking cessation efforts. Despite the critical role flavors play in making vaping an effective harm reduction tool, governments, including France and Germany, have already thrown their weight behind the proposal.

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