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Banned disposable vapes still sold as UK’s Tobacco and Vapes Bill faces scrutiny

Disposable vapes are still being sold openly in the UK despite a nationwide ban, a new investigation has found.

The findings come as the government’s Tobacco and Vapes Bill faces detailed scrutiny in the House of Lords, where peers are examining new powers to regulate vaping and tobacco sales. The bill has now entered its committee stage – a key phase where members analyse the legislation line by line and debate proposed changes.

Undercover filming by ITV News discovered illegal single-use vapes on sale in multiple stores in Brighton, months after the ban took effect. Reporters visited 25 shops across the coastal city and found seven still selling the outlawed products, despite earlier inspections by Trading Standards.

Local authorities say they have seized more than 11,000 illicit vapes since June but acknowledge that enforcement remains difficult. “A lot of the time deterrents aren’t working,” said Councillor David McGregor of Brighton and Hove City Council. “We’re seeing what could be just the tip of the iceberg.”

Crackdown driving illicit trade, experts warn

The UK government introduced the disposable vape ban to tackle youth vaping and reduce environmental damage caused by single-use devices. Each product contains a lithium battery that is frequently discarded in household waste, leading to fires and contamination in waste facilities. The ban also aimed to curb youth appeal.

However, the ITV investigation suggests that the restrictions may instead be fuelling a parallel illicit market. Industry representatives warn that such unregulated products pose greater safety risks and undermine responsible retailers.

“It should be a level playing field,” said Joey Dowsing of Red Eye Vape Store. “Responsible retailers have adapted, but others continue to break the law, undercutting legitimate businesses.”

The Independent British Vape Trade Association (IBVTA) says its members have shifted toward reusable and rechargeable products that generate less waste and comply with existing safety standards. “Since the ban came into force, sales of refillable devices have risen sharply,” said IBVTA chief executive Gillian Golden. 

“Consumers are recharging rather than discarding, and proper disposal systems are available in reputable vape shops. What’s needed is more awareness and enforcement, not more bans.”

Tobacco and Vapes Bill under close examination

The Tobacco and Vapes Bill, first introduced earlier this year, is currently being reviewed in committee stage in the House of Lords – one of the most detailed phases of the parliamentary process. Peers are examining amendments covering issues such as vape flavour definitions, age-verification technology, penalties for retailers, and product packaging.

The legislation’s central goal is to create a “smoke-free generation” by banning tobacco sales to anyone born after January 1, 2009. It would also grant ministers new powers to impose restrictions on the content, appearance and promotion of vaping products.

Government ministers say the bill will protect young people and reduce smoking-related harms, while maintaining access to vaping for adult smokers seeking to quit. Industry leaders, however, caution that without coordinated enforcement and clear product standards, the measures could have unintended consequences.

“The current approach relies too heavily on traditional enforcement,” said John Patterson, president of IKE Tech. “Technology-led solutions such as digital age verification would be more effective at preventing youth access while supporting legitimate trade.”

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