UK vaping industry seeks £10,000 fine for selling e-cigarettes to minors

The UK Vaping Industry Association (UKVIA) is proposing to quadruple the fine, currently £2,500, for selling vaping products to a minor. A laudable intention but which places the blame solely on the retailers and leaves doubts about the real intentions of the manufacturers.

The high prevalence of e-cigarettes among adolescents and young adults is alarming many health professionals in the United Kingdom. Having increased from 6 % in 2018 to 9 % in 2021, e-cigarette consumption is indeed experiencing rapid growth among adolescents aged 11 to 15.[1]. A trend that is particularly observed among girls and seems to have become even more pronounced since 2021.

In 57 of the cases, the teenagers had purchased their e-cigarettes through legal channels, with newsstands being the preferred point of sale. However, the sale of e-cigarettes to minors has been banned in the United Kingdom since 2015, with offenders facing fines of up to £2,500 (€2,850).

A proposed fine that conceals the manufacturers' responsibilities

It is in this context that the UK Vaping Industry Association (UKVIA), which brings together the main manufacturers of electronic cigarettes, is proposing to quadruple this fine and raise it to 10,000 pounds (€11,400) in the event of the sale of an electronic cigarette to a minor.[2]. Focusing on the act of sale, this proposal is primarily aimed at e-cigarette retailers or their employers. UKVIA suggests that this measure be accompanied by mystery shopper visits to verify that it is being correctly applied.

The idea of cracking down more severely on the sale of nicotine-containing products to minors is in itself worthy, but it raises questions when it comes from the manufacturers of these products. By focusing attention on retailers, manufacturers also hide the fact that they make the various vaping products (disposable or reusable) very attractive, whether through the colors, designs or flavors and names of the aromas used. It seems unlikely that the "marshmallow", "bubble gum" or "cotton candy" flavors are intended for adults looking to quit smoking. The demand for vaping products by young people is therefore also the result of a very studied marketing strategy. Taking advantage of a legal uncertainty on vaping products, British American Tobacco (BAT) distinguished itself in 2020 by distributing free e-cigarettes to young people, including minors.

Manufacturers can also, with this proposed fine, try to make people forget that they frequently communicate on the social networks towards young people and adolescents to promote their products, whether through influencers, advertisements or promotional offers. The idea of hiding the displays of electronic cigarettes, as is already the case in this country for the stalls of classic cigarettes, is rejected by the manufacturers. The proposal to increase the fines for sellers thus looks more like an operation to rehabilitate the manufacturers of electronic cigarettes, the main ones of which are also tobacco producers. It also aims to rule out other measures to protect the public, in particular tax increases.

Ways to restrict access to vaping products for minors

Faced with the surge in electronic cigarettes and their success among young people, some health organisations, such as Action on Smoking and Health (ASH-UK), have proposed significantly increasing taxes on electronic cigarettes, particularly disposable ones ("puffs"), in order to make them less affordable for minors. In France, the Alliance against tobacco (ACT) and the National Committee against smoking (CNCT) have called for simply ban puffs, as also envisaged Belgium And Ireland.

The ban on the sale of vaping products to minors is another measure, provided that it is effective. In France, this measure concerning tobacco products is very poorly respected. It is likely that the same will apply to vaping products. Furthermore, sanctions against tobacconists or specialist vaping stores remain extremely rare, and well below the amount of the fine suggested by the UKVIA.

Keywords: United Kingdom, UKVIA, sale to minors, fine.

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[1] NHS Digital, Smoking, Drinking and Drug Use among Young People in England, 2021, published September 6, 2022, accessed March 29, 2023.

[2] MacDonald H, Vaping industry demands retailers caught selling e-cigarettes to kids get £10,000 fines amid growing pressure to tackle crisis, Daily Mail Online, published March 28, 2023, accessed March 29, 2023.