One phrase that demands our attention is the favorite phrase of many, especially those responsible for regulating the vape industry.
Over the past six months, Arcus Compliance has meticulously compiled a research report on the extent of enforcement within the UK vape sector. This report combines exclusive data, expert interviews, and real-world case studies to present a comprehensive overview of the measures being taken against unscrupulous traders.
Upon consolidating the preliminary figures obtained through Freedom of Information (FOI) requests made to regional city and London borough councils, the findings were deeply concerning.
In the span of two years, from 2021 to early 2023, there were just 19 successful prosecutions for underage or illicit vape sales across 11 major UK cities, which collectively host a population exceeding 5.5 million.
Furthermore, the highest amount of fines imposed within these cities, as disclosed by individual councils and Trading Standards teams, only reached £2,188. This sum falls short of the current maximum fine of £2,500 that can be imposed on a single offender.
Among the ten London councils reporting data, only seven successful prosecutions were recorded, resulting in a solitary fine of £1,000.
These figures clearly reflect a glaring lack of consequences for rogue traders who knowingly sell to minors or offer non-compliant products – or worse, both.
Shockingly, many of these unscrupulous retailers face minimal repercussions, and when caught, are met with lenient penalties that do little to dissuade further illegal activities.
The primary cause of this issue lies in the inadequate resources allocated to Trading Standards, who themselves acknowledge a shortage of field officers to keep up with the rapid pace of the evolving vape sector.
In addition, our analysis reveals that enforcement officers are not consistently granted the authority to take punitive action against offenders. In fact, several of the 21 respondents to our FOI requests explicitly stated that they lack the power to issue fines or initiate prosecutions.
In light of these distressing findings, it is evident that a concerted effort is required to support underfunded and overstretched Trading Standards authorities. Importantly, retailers possess the ability to make a tangible difference in this regard.
To alleviate the burden on enforcement officers and aid in the eradication of illicit activities, responsible traders must step up and engage in self-regulation. This can begin simply by sourcing products exclusively from reputable and trustworthy distributors, avoiding those with a history of malpractice.
Additionally, it is crucial for retailers to unite with the vape industry in advocating for a national registration scheme. Such a scheme would ensure that individuals stocking vaping goods meet and maintain high standards prior to being granted authorization.
Given the significance of information as a tool for Trading Standards, retailers must also hold themselves accountable and encourage the rest of the market to do the same by promptly reporting any instances of illegal activity. Shielding those who willfully violate the law will only lead to detrimental outcomes.
Furthermore, to demonstrate their commitment to accountability, retailers should diligently maintain records of instances where they refuse to sell to minors.
If more is not done to curtail the activities of the minority of rogue vape sellers, politicians may resort to implementing restrictive policies that could seriously impede market share for retailers operating within the vaping category. Ongoing calls for flavor bans or broader bans on vaping as a whole will undoubtedly intensify with each negative story surrounding the vape industry.
It is imperative to recognize that this issue will not resolve itself. Retailers must actively engage and actively participate; they can ill afford to remain passive spectators.
Robert Sidebottom is the Managing Director at Arcus Compliance
The full research report from Arcus Compliance, covering enforcement for youth vaping, illicit trade, environmental obligations, and marketing and advertising for vape brands, will be released soon.
