Retailers can’t afford to let the illicit vape issue spiral

“The greatest deterrent for doing something wrong is a high probability of getting caught…”

…this is arguably one of my favourite phrases and one those involved in regulating the vape industry should pay close attention to.

For the past six months, Arcus Compliance has been building a research report on the level of enforcement for the UK vape sector, bringing together exclusive data, expert interviews and real-world case studies to paint a picture of the action being taken against rogue traders.

But when we consolidated the preliminary figures, gathered through FOI requests issued to regional city and London borough councils, what we found was incredibly concerning

Across 11 major UK cities – which have a shared population of more than 5.5 million people – there were just 19 instances where a retailer was successfully prosecuted for underage or illicit vape sales between 2021 and early 2023.

Additionally, the highest amount of fines given out across these same cities – based on the information provided by individual councils and Trading Standards teams – over the same period was £2,188 – less than the current maximum fine that can be issued to just one offender at £2,500.

Of the ten individual London councils to provide data, there were just seven reported successful prosecutions and one fine of £1,000.

These figures suggest there is a woeful lack of consequences for rogue traders who are selling to minors, dishing out non-compliant products, or worse, both.

In many cases, these cowboy retailers are getting off scot-free and even when they are caught, it seems as though they only face a slap on the wrist or a low level fine – none of which will deter them from continuing to break the law.

This largely comes down to insufficient resources for Trading Standards who themselves have said they don’t have enough ‘boots on the ground’ to keep up with the fast-moving vape sector.

It’s also clear that enforcement officers aren’t always given the authority to take punitive action against offenders, with a number of the 21 respondents to our FOI requests saying fines and prosecutions are powers they simply don’t possess.

Put bluntly, much more needs to be done to support underfunded and overstretched Trading Standards authorities – this is where retailers can make a difference.

By stepping up to the plate and self-regulating, responsible traders can ease the pressure on enforcement officers and give them a fighting chance in stamping out illicit activity.

This could be as simple as ensuring they only buy products from reputable, trustworthy distributors and avoiding those who have a history of malpractice.

They should also join the vape industry in pushing for a national registration scheme that would ensure sellers are meeting high standards before they are allowed to stock vaping goods.

Information is a particularly critical tool for Trading Standards, so retailers must also ensure they are holding themselves and the rest of the market accountable by reporting any illegal activity – no good will come from protecting those who are wilfully breaking the law.

Retailers should also demonstrate their accountability by completing their refusals registers when not selling to a minor.

If more isn’t done to bring an end to the minority of rogue vape sellers, there is a risk that politicians could decide a scorched Earth approach is the best – or easiest – option and start implementing prohibitive policy that has the potential to seriously affect market share for retailers in the vaping category.

There are continued calls for bans on flavours or on vaping as a category and these will only grow louder with every negative vape story to hit the headlines.

This is not an issue that will just go away on its own and retailers have a role to play – they can’t afford to stand on the sidelines.

Robert Sidebottom is managing director at Arcus Compliance

The full Arcus Compliance research report is due to be released shortly and will cover enforcement for youth vaping, illicit trade, environmental obligations and marketing and advertising for vape brands.