A potential legal clash in Northern Ireland threatens to derail new nationwide tobacco laws, while new data shows that disposable vape use remains widespread despite it being banned.
A new report from online nicotine retailer Haypp reveals that 62.5 per cent of UK vapers are still using disposable products, rising to 82 per cent among 25 to 34-year-olds. Even more strikingly, 35 per cent of disposable users say they are still buying the products, despite the government’s efforts to stamp them out.
“The data from our latest report clearly demonstrates that the disposable vape ban is not yet working as expected,” said Markus Lindblad, Haypp’s Head of External Affairs. “A staggering 62.5 per cent of vapers continue to use these illegal devices.”
Blackmarket filling the gap
The study found that 55 per cent of vapers buy products from corner shops, 37 per cent from specialist vape retailers, and 24 per cent from supermarkets.
While the majority (78.5 per cent) of disposable users say they are relying on stockpiled supplies purchased before the ban, experts suggest a significant black market is now filling the gap left by legitimate retailers.
Tobacco harm reduction experts say experience across Europe shows that bans and restrictions often drive consumers toward unregulated and unsafe products, rather than away from nicotine altogether. Many public health specialists have argued that responsible regulation, rather than prohibition, is a more effective way to reduce smoking rates while maintaining safety standards in the vaping sector.
Lindblad warned that the rise in illicit products points to “a very active black market that will be very difficult to police,” and said the government’s proposed retail licensing system for nicotine and tobacco products as “a welcome and necessary move” to support responsible sellers.
Legal roadblock in Northern Ireland
The Haypp findings coincide with mounting uncertainty over the future of the UK’s Tobacco and Vapes Bill, which seeks to ban the sale of tobacco to anyone born after January 1, 2009. While the measure is designed to make the UK “smoke-free,” it may not be enforceable across the entire country.
Former Northern Ireland Attorney General John Larkin KC has warned that extending the legislation to Northern Ireland could breach the Windsor Framework, the post-Brexit arrangement that keeps Northern Ireland aligned with certain EU laws.
In legal advice prepared for the Tobacco Manufacturers’ Association, Larkin described the framework as “an insuperable obstacle to the effective enactment” of the smoking ban in Northern Ireland.
He argued that Parliament “is simply not free to legislate effectively in those policy areas in which EU law still prevails,” noting that EU law does not allow for outright bans on tobacco sales.
Government defends UK-wide plan
Despite these warnings, Northern Ireland Secretary Hilary Benn told MPs that “it remains the Government’s intention that the ban will apply in Northern Ireland, because it is very important that young people all over the United Kingdom are protected in the way in which the Bill seeks.”
The Bill has already passed the House of Commons and is currently being debated in the House of Lords.
