ARE VAPES BEING BANNED IN THE UK?

Table of Contents

• E CIGARETTE BAN UK: ARE VAPES BEING BANNED?
• INTRODUCTION
• HOW DOES THE UK VAPING LANDSCAPE LOOK?
• WHAT ARE THE RECENT DEVELOPMENTS AND CONCERNS AROUND VAPES?
• VAPING REGULATIONS IN THE UK
• THE DISPOSABLE VAPE BAN DEBATE
• IS YOUTH VAPING A CONCERN?
• WHAT ARE THE ENVIRONMENTAL CONCERNS FOR A VAPE BAN?
• WHAT ARE THE ARGUMENTS AGAINST THE VAPING BAN?
• IMPACT ON ADULT SMOKERS
• ALTERNATIVES TO DISPOSABLE VAPES
• ECONOMIC IMPLICATIONS OF THE BAN
• TIMELINE AND ENFORCEMENT
• 2024 UPDATE - ARE DISPOSABLE VAPES BEING BANNED UK?
• ARE VAPES BEING BANNED UK - CONCLUSION
• REFERENCES

INTRODUCTION

In recent years, the vaping industry has experienced a surge in popularity across the United Kingdom, with millions of adults turning to e-cigarettes as an alternative to traditional tobacco smoking (2).

This shift has not only reshaped the smoking landscape but has also sparked intense debates and raised significant concerns regarding the safety, health implications, and regulation of vaping products. As vaping continues to divide public opinion, and as health experts grapple with mounting evidence, we find ourselves at a crucial juncture in the journey of vaping in the UK. Government initiatives aimed at establishing the first smoke free generation by preventing those aged 15 and younger from ever legally purchasing tobacco products are part of a broader strategy to eliminate smoking-related health issues and curb youth vaping.

In this blog, we embark on an exploration of the current status of vaping regulations and the looming possibility of bans.

HOW DOES THE UK VAPING LANDSCAPE LOOK?

The vaping landscape in the United Kingdom has undergone a significant transformation in recent years. Taking a historical perspective, vaping regulations in the UK initially began as a response to the emerging e-cigarette market and the need for oversight. Over time, regulations have become more comprehensive, reflecting the evolving understanding of vaping.

One notable aspect of this landscape is the popularity of vaping as a smoking cessation tool, one that evidence indicates could be more effective than other forms of nicotine replacement (3). Vaping has gained widespread recognition as a less harmful alternative to traditional tobacco smoking, with numerous studies supporting its efficacy in helping smokers quit, and Public Health England’s review of the evidence found E-Cigarettes to be at least 95% less harmful than smoking. This has contributed to a substantial increase in the number of vapers in the UK, further solidifying its role as a harm reduction strategy.

The government's Tobacco and Vapes Bill aims to establish a smoke-free generation by ensuring that children turning 15 this year or younger will never have legal access to tobacco products.

The growth of the vaping industry has not only provided smokers with alternatives but has also had a notable economic impact, creating jobs and generating revenue – the UK vaping industry turnover stood at about £1.325 billion (4). However, this growth has also triggered debates about the need for stricter regulations to ensure product safety, marketing ethics, and protection for non-smokers and youth.

WHAT ARE THE RECENT DEVELOPMENTS AND CONCERNS AROUND VAPES?

Public health officials have been actively engaged in voicing their concerns about vaping, with a primary concern on the deeply worrying trend of increasing use of single-use vapes among youth, which also has significant environmental implications (5). These concerns have prompted government agencies and regulatory bodies to reassess and adapt vaping regulations in light of the huge number of disposable vapes found to contain illegal levels of e-liquid that under 18’s are managing to get their hands on.

Investigations from the Daily Mail opened the floodgate, with the Elf Bar 600 range in several big UK stores found to be in breach of the 2ml maximum of e-liquid allowed – by quite a margin: on average they were overfilled by 50% above the legal limit.

British American Tobacco (BAT) conducted tests without publishing the results, though they did send them to Trading Standards and the UK regulatory body, the MHRA. The disposable vapes tested by BAT included Elf Bar 600, Lost Mary, Found Mary, IVG Bar, Klik Klak, SKE Crystal, Smok Mbar Pro and Solo models. All were, allegedly, found to have illegal levels of e-liquid.

VAPING REGULATIONS IN THE UK

Vaping regulations in the UK have evolved to address the unique challenges posed by electronic cigarettes. Currently, the regulatory landscape is characterised by a blend of stringent controls and measures aimed at striking a balance between providing adults with smoking alternatives and safeguarding public health. These include limits on the strength of e-liquid, amount of e-liquid sold in a single container and the exclusion of harmful chemicals.

Ongoing legislative discussions in parliament concerning the Tobacco and Vapes Bill focus on packaging, display restrictions, and the upcoming ban on disposable vapes. This bill aims to enforce stricter regulations to reduce youth access to vaping products and address environmental concerns associated with single-use vapes.

The Medicines and Healthcare products Regulatory Agency (MHRA) plays a pivotal role in this framework by overseeing the licensing and approval of certain vaping products as medicinal devices, ensuring their safety and quality. Additionally, marketing and advertising of vape products are subject to strict restrictions to prevent the glamorisation of vaping and its appeal to young audiences.

These regulations are reinforced by age restrictions that prohibit the sale of vape products to individuals under 18 years old, thereby addressing concerns related to underage vaping and access to these products. As we navigate the intricate web of vaping regulations in the UK, it becomes evident that disposable vapes have managed to avoid these regulations.

THE DISPOSABLE VAPE BAN DEBATE

IS YOUTH VAPING A CONCERN?

Aside from breaking the TRPR (Tobacco and Related Products Regulations 2016) and TPD (Tobacco Products Directive 2014) which were put in place to protect the consumer, higher levels of e-liquid are a concern if youngsters get hold of them. Kids vaping today is an alarming issue, particularly as single-use vapes are the preferred choice among children. As the majority of disposable vapes are coming from China, there is also concern over the quality of ingredients being used in Chinese-made e-liquid as disposable vapes circumvent the regulations in place for E-Cigarettes sold in the UK.

Nicotine use on a developing brain is thought to increase addictive behaviour and could harm parts of the brain that control attention, learning, mood and impulse control (6). These are all essential functions for young people working through school to perform at their best. With this in mind, the need to protect the youth and prevent them from obtaining nicotine-containing products is obvious.

Concern over youth vaping is growing due to the increased numbers of youngsters trying vaping according to polls and school’s finding students vaping on site. Looking at the packaging of some of these disposable vapes, it is hard to argue that the bright colours, flavour names and appropriation of sweet names like Skittles aren’t marketing tactics targeting youngsters. Given the strict rules on packaging for tobacco products because they contain nicotine, it is a wonder that the same strict rules weren’t applied to disposable vapes in the first place.

It may be impossible to prevent youngsters from trying things like vaping throughout their entire childhood, however the damage done from using disposable vapes is exacerbated by having more than the legal level of e-liquid. If a disposable vape is overfilled by 50%, then that’s an extra 1ml of e-liquid – at the legal maximum of a 2% strength, that extra 1ml contains 20mg of nicotine, making the total contents of an illegal disposable vape 60mg instead of 40mg for a 2ml legal vape. This translates to around an extra 30 cigarettes worth of nicotine the user absorbs.

A study examining data from 215,000 people from Australia, New Zealand, the United States and the UK indicated that it only takes one cigarette to become addicted. These illegal disposable vapes contain 30 cigarettes worth of nicotine, potentially cementing a nicotine addiction by the time it’s finished.

WHAT ARE THE ENVIRONMENTAL CONCERNS FOR A VAPE BAN?

Another large concern brought about by the increase in disposable vape use is the sheer amount of waste! It is estimated that about 5 million disposable vapes are thrown away each week in the UK (7) with many ending up on the streets or in general waste. One UK waste disposable management service, Grundon, found they were picking up between 100 to 150 disposable vapes by road sweeping in an eight-hour shift!

The government is also concerned about the environmental impact and the significant increase in vaping among children. This legislation aims to reduce the appeal of vaping products to vulnerable young people.

The way disposable vapes are made makes them challenging to recycle. As sealed units, it is hard to take them apart in order to recycle effectively, they contain nicotine which means they are also classed as hazardous waste, they contain electronics and a lithium battery so belong to a category of waste known as WEEE (or ‘e-waste’) which stands for ‘waste electrical and electronic equipment’.  This lack-of-ease when it comes to disposal is one of the reasons that so many disposable vapes end up in general waste.

Is it such a problem that disposable vapes end up in general waste? Yes, for several reasons. Lithium is a finite resource and used in batteries all over the world so the responsible course of action is to ensure it is recycled whenever possible. A more immediate reason would be the dangers disposable vapes present for waste disposal personnel and establishments; Material Focus, who run the ‘Recycle Your Electricals’ campaign, found that more than 700 fires in bin lorries and recycling centres were caused by batteries placed in general waste. Grundon has installed fire detection equipment costing £250k at each facility after several fires at one of their sites. This could lead to increased waste management contract costs, translating to an increase in your local council tax!

WHAT ARE THE ARGUMENTS AGAINST THE VAPING BAN?

The nature of the vaping ban should avoid impacting the use of vaping as a smoking cessation tool for adults by targeting the line of products that have the least protections in place – responsible vape companies will always check for identification at the point of sale or use an online verification process in the event of online sales.

It is typical that the places where youngsters are being sold the vapes illegally are the ‘corner shop’ and tech style stores, selling other products alongside disposable vapes and show little concern other than making money. In these cases, higher fines and severe punishments for those caught selling to under 18’s will be the best deterrent.

Other than ensuring that responsible vape stores remain unaffected, there is little to argue against with regard to the banning of disposable vapes. Some may argue that limiting the availability of single-use vapes may lead to a relapse in smoking in the event a vaper is caught without refills or e-liquid, however taking personal responsibility to ensure you are never caught without is the answer here.

There are always alternatives to vaping for getting your nicotine, too, from nicotine replacement therapy products (NRT) to Snus nicotine pouches placed in the mouth, that could see a vaper through until they can get to a vape store or their delivery of vape goods arrive. Maybe there is an element of subjectiveness here, but I would rather have a few days without nicotine (knowing that youth vaping has been reduced) than have a fall-back on disposable vapes if I find myself caught without.

IMPACT ON ADULT SMOKERS

The ban on disposable vapes is expected to have a significant impact on adult smokers who have come to rely on these devices as a smoking cessation tool. While the government’s intention is to reduce youth vaping, adult smokers who have successfully quit smoking using disposable vapes may be affected by the ban. According to a recent survey, 1 in 3 adult smokers who use disposable vapes would consider going back to smoking if the government bans sweet e-liquid flavours. This highlights the potential unintended consequences of the ban on adult smokers who have benefited from using disposable vapes.

ALTERNATIVES TO DISPOSABLE VAPES

Fortunately, there are alternatives to disposable vapes that adult smokers can consider. Refillable vape kits, for example, offer a cost-effective and environmentally friendly option. These kits can be refilled with e-liquid, reducing waste and the need for frequent replacements. Additionally, prefilled pod kits like the SMOKO VAPE POD and the SMOKO VAPE MAX are another option that can provide a similar experience to disposable vapes but with the added benefit of being rechargeable. These alternatives can help adult smokers continue to manage their nicotine cravings while reducing their environmental impact.

ECONOMIC IMPLICATIONS OF THE BAN

The ban on disposable vapes is expected to have significant economic implications for the vaping industry. The UK vaping industry is worth £1.2 billion, with disposable vapes making up a significant portion of sales. A ban on disposable vapes could lead to revenue losses for manufacturers, distributors, and retailers, potentially resulting in job losses and business closures. Furthermore, the ban could also impact the government’s tax revenue, as the sale of disposable vapes generates significant tax income. The economic implications of the ban may need to take a back seat as the benefits of the ban outweigh the costs.

TIMELINE AND ENFORCEMENT

The ban on disposable vapes is set to come into force on June 1, 2025, with businesses having until then to sell any remaining stock. The government has announced that it will work closely with devolved governments to align enforcement dates. To ensure effective enforcement, the government will need to establish a robust system for monitoring and regulating the sale of disposable vapes. This may involve increased inspections and penalties for non-compliant retailers. Additionally, the government will need to provide support for adult smokers who may be affected by the ban, such as access to alternative nicotine replacement therapies and counselling services.

2024 UPDATE - ARE DISPOSABLE VAPES BEING BANNED UK?

It was announced on the 28th January 2024 that disposable vapes are being banned in the UK. This disposable vape ban is part of the UK government's plans to protect uk health by tackling the rise in youth vaping and addressing environmental concerns. Exactly when this disposable vape ban will come in to force was not known at the time, but users of disposables will need to look elsewhere to get their nicotine from June 1st 2025 - so consider SMOKO E-Cigarettes!

ARE VAPES BEING BANNED UK - CONCLUSION

So – not all vapes are being banned in the UK, but plans are being drawn up to ban the sale of disposable vapes to help protect the youth and the environment. This is a win for vapers, vape companies, waste management companies, parents, under 18’s and society as a whole!

The government's initiatives towards establishing a smoke-free UK through the Tobacco and Vapes Bill aim to break the cycle of tobacco addiction and create a smoke-free generation by legally prohibiting the sale of tobacco to everyone currently under the age of 15 - what that means is that current under-15 year olds will never be able to buy tobacco as the legal age to buy will be rising year on year.

At SMOKO, our vape devices use rechargeable batteries and refills pre-filled with our UK-made e-liquid, held to the high standards set forth by the Medicines and Healthcare Regulatory Authority (MHRA). You can even recycle your empty refills with us for free!

While disposable vapes are presenting problems for society, vape companies like us at SMOKO are helping smokers to quit cigarettes every day in an environmentally responsible way, while helping them save money!

If you are a smoker looking to quit tobacco for good, then check out our great vape starter kit deals and make the switch with SMOKO today!