New research has revealed a lack of regulatory enforcement against retailers selling illicit vape products or not carrying out appropriate underage checks.
Research by Arcus Compliance found that just two shops across six major UK cities were successfully prosecuted for underage or illicit vape sales between 2021 and April 2023.
The findings, which came as a result of a Freedom of Information request, revealed that the highest total amount of fines given out across these same cities – which have a shared population of almost three million people – over the same time period was £1,878.
This is less than the current maximum fine that can be issued to just one offender at £2,500 and is considerably less than the £10,000 on-the-spot fines that much of the sector has been asking for.
The data also covered the activity of Trading Standards teams in individual London Boroughs. Of the five councils to respond to Arcus Compliance so far, there was one reported successful prosecution and one fine of £1,000.
Managing director of Arcus Compliance Robert Sidebottom, said the “system is in serious distress”.
“Trading Standards have been crying out for additional resources and support for some time and there’s no doubt as to why – without enough boots on the ground, too many rogue traders are getting past thinly spread enforcement officials.
“It’s staggering to see just how few prosecutions there have been and how low the levels of fines are given the huge amount of concern over youth and illicit vaping. We know that Trading Standards departments want and need to be doing more.”
Sidebottom said recent measures by the government, including the allocation of £3m for a task force on the issue, don’t go far enough.
“The government recently pledged £3 million to fund a dedicated vape task force as part of its crackdown on the sector, but this is a far cry from the final solution and more intervention is clearly needed.”
The UK Vaping Industry Association (UKVIA) has been calling for fine of £10,000 for businesses found to be selling illicit products or vapes to children.
Director general of the UKVIA John Dunne said: “Closing loopholes and introducing balanced policies are important steps – but they will ultimately prove inconsequential if we fail to enforce the existing fundamental laws on illegal products and youth access.
“Although prosecutions and penalties are very much key weapons in our arsenal against cowboy sellers, they mean very little if Trading Standards don’t have the resources to pursue them – the government must take this new data very seriously.”
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