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Illegal vape sales persist across UK despite disposables ban

UK retailers are being asked daily for banned disposable vapes, and in many places they’re still being sold illegally, according to new findings.

A Scottish Grocers’ Federation (SGF) survey of its members reveals that almost a third (31 per cent) of retailers are being asked for single-use vapes at least once a day. 

A further 18 per cent say it happens at least weekly, even though the products are now banned under new legislation in England, Scotland and Wales.

Banned vapes sold in multiple shops

The findings come as undercover footage from ITV Cymru Wales shows disposable vapes being sold in multiple shops in the capital of Cardiff. Trading standards officers have seized more than 1,300 banned devices across Wales in the two months since the ban came into force.

SGF has warned that the lack of public understanding around the ban, alongside a surge in unfamiliar new products entering the market, is putting legal retailers in an increasingly difficult position.

“Before the ban, SGF raised concerns about the lack of public awareness and clarity around the changeover to refillable and rechargeable vapes, and while the vast majority of products will be compliant, it’s not always easy to tell by looking at them,” said Luke McGarty, SGF’s head of policy and public affairs.

“It’s clear that many members of the public do not realise that the ban on disposable vaping products is now in force. So, it’s unfortunate that retailers have been left with the job of explaining to customers the new rules.”

Rogue sellers undermine responsible stores

McGarty said responsible convenience stores have made significant efforts to comply with the law, but are being undermined by rogue sellers elsewhere.

“Convenience stores in Scotland have worked hard to ‘bake-in’ compliance across the sector… but the task is made more difficult by a lack of compliance across some other vape sellers.”

Meanwhile, on the ground in Wales, ITV’s undercover investigation revealed that disposable vapes are still readily available despite the ban. In one Cardiff postcode alone, reporters were able to buy banned Lost Mary and Elf Bar products at five separate shops. Some of these were past their expiry date, and some sold under the counter or misrepresented as legal.

One shop assistant openly stated the product was “for one time use.” Another described a disposable device as “the old one,” while a third brought out a box of illicit products from a back room when asked.

‘A massive problem’

Trading standards departments across Wales have already seized 1,383 banned vapes. The worst affected area was Anglesey, where 430 were confiscated, followed by Cardiff at 323 and Rhondda Cynon Taf at 242.

Judith Parry, manager at Rhondda Cynon Taf Trading Standards, said disposable vapes have become one of the biggest enforcement challenges her team has ever faced.

“It is a massive problem,” she said. “It’s probably been taking 60 to 80 percent of our time over the past couple of years… I can’t remember a time when something was taking up so much of our time for a prolonged period.”

She added that many illegal sellers are deliberately concealing their stock. She said: “Some have been found in concealments in the back of shops… hidden using hydraulic opening mechanisms. Those are the premises that know exactly what they’re doing, and they’re the ones we’d like to see some action taken against.”

Parry admitted the problem is far from under control. She said: “As quick as we’re seizing them, they’re re-stocking, unfortunately. It’s too big a task.”

In Scotland, the SGF has renewed its call for members to ensure they’re only selling products compliant with MHRA rules, and to report any suspicions of illegal trading to local authorities.

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