The Escalating Situation of Illegal Vape Retailers in the UK

Currently, it's estimated that one-third of vapes sold in the UK are non-compliant with regulations, a figure likely to rise with the anticipated disposable vape ban in 2025.

Diane Caruana

July 30, 2024

In 2023, nearly 3,000 sellers of illegal vapes were identified across the country, but only 1 in 20 faced fines.

Tens of thousands of illegal vapes are seized from black market sellers across the UK each month. In 2023, nearly 3,000 sellers of illegal vapes were identified across the country, but only 1 in 20 faced fines, according to the 2024 Illegal Vaping Report. The unchecked growth of the illegal vape market is alarming, given that when unregulated these products bypass rigorous safety tests, hence may pose serious health risks. However, alarming as it may, the expansion of the black market is not surprising, and has been predicted by experts in the field due to the growing number of restrictions on the products.

In fact, this escalating issue coincides with the UK Government’s proposal to ban disposable vapes, which experts argue could further fuel the black market. The report revealed that over one and a half million illegal vapes were seized last year, equating to three illegal vapes sold every minute. Since 2020, a total of 4.18 million illegal vapes have been seized, with the annual number increasing 19-fold from 2020 to 2023.

Illegal vapes often attract younger users due to their accessibility and lower prices. UK laws regulate ingredients, nicotine strength, and tank capacity. Some seized products had liquid capacities up to 14ml, significantly exceeding the legal limit of 2ml. Studies also found high levels of dangerous chemicals like lead, nickel, and chromium in these illegal products.

London and Greater Manchester witnessed the highest number of seizures

Based on a Freedom of Information (FOI) request from 152 local authorities by Vape Club, the report underscored the need for stronger enforcement against the booming black market in vaping products. London and Greater Manchester are particularly affected, accounting for 40% of the UK’s total seizures in 2023, with over half a million products confiscated. In London alone, 787 sellers were identified as dealing in illegal vapes, yet only three faced fines, a mere 0.38%.

Vape Club Director, Dan Marchant, highlighted the parallels between the illegal vape trade and past issues with the cigarette black market, including youth access, unsafe products, and unregulated sales. He stressed that the current low likelihood of enforcement allows rogue retailers to exploit the system. Marchant called for significantly increased fines to deter illegal activities, suggesting on-the-spot fines of up to £10,000, particularly for repeat offenders.

Moreover, consumers are being urged to be vigilant and aware of the characteristics of illicit products for their own safety and that of others. Illegal vapes typically contain over 600-700 puffs, have more than 2ml of e-liquid, exceed nicotine levels of 20mg/ml, and lack proper nicotine warnings and full ingredient lists on their packaging. Recognizing these signs can help protect users from the dangers of unregulated vaping products.

Investigation by another major UK retailer

Meanwhile, a recent investigation conducted by Vape Superstore to identify the prevalence of illegal vape sales, pinpointed the UK regions most affected by black market distribution. Similarly obtaining data via FOI requests, the study ranked UK councils based on the number of businesses selling illegal vapes and the quantity of illegal vapes, as well as number of cigarettes seized between January 1, 2023, and February 29, 2024.

The compiled data revealed that the highest number of seizures of illicit vapes took place in Kent County Council, totaling 431,005, largely due to entries through the Eurotunnel terminal and the Port of Dover. The highest number of businesses stocking illegal vapes, were identified in Lancashire County Council, with 132 stores involved. While the highest number of seized illegal cigarettes, was witnessed in Carmarthenshire County Council, at 160,000 packets.

Many consumers are unaware of the differences between regulated and illicit vapes

A 2023 survey, also by Vape Superstore, involving 1,381 disposable vape users highlighted significant consumer ignorance regarding illicit vaping products:

50.3% were unfamiliar with the Tobacco Products Directive (TPD) regulations.
83% were unaware of the health risks linked to illicit disposable vapes.
36.4% believed black-market vapes offered better value for money.
34.1% did not know the difference between illicit devices and regulated disposables.

Vape Superstore highlighted that to avoid counterfeit or illegal vape products consumers should verify product authenticity, steer clear of unknown brands and be suspicious of unusually low prices. One should also always ask retailers for proof of TPD compliance and stay informed about the latest regulations and safety guidelines.