Scotland: 20% of stores fail to comply with the ban on sales of vaping products to minors

Results published by the Society of Chief Officers of Trading Standards in Scotland (SCOTSS)[1] On August 14, a study revealed that 63 of the 312 stores visited were caught selling vaping products to minors. One in eight stores visited (12.5%) also sold traditional cigarettes to minors.

The authors say these results are significantly worse than expected and can largely be explained by the fact that vaping products (especially single-use products) are attractive to children and are widely available in many retail outlets. The authors also point to a lack of monitoring and control of retail outlets during and after the COVID-19 crisis.

A ban on the sale of vaping and tobacco to minors is insufficiently respected

SCOTTS officers work in partnership with the Scottish Government to monitor vendors, who must comply with regulations related to the retail sale of tobacco and vaping products. In 2022, officers conducted a mystery shopper survey with minors (under 18) at 312 retail locations to verify that vendors are complying with the law on age screening and proof of age where applicable and refusing to sell to minors. Those found selling to minors under 18 are subject to fixed penalty notices and may be prohibited from selling these products.

Of the 312 retail outlets visited, 63 (20%) sold vaping products to a minor, a result that has significantly worsened compared to previous years. SCOTT believes this is most likely due to a combination of a lack of enforcement activity over the past two years and the explosion in sales of single-use vaping products (puffs). Puffs are being sold in a growing number of retail stores, including businesses that have no experience selling age-restricted products, such as hairdressers.

The control agents also made 268 attempts to purchase tobacco from a minor and 33 sellers accepted the sale of tobacco to the minor.

Compliance with the ban on sales to minors, an essential measure to reduce smoking

The measure banning sales to minors, which limits product accessibility and contributes to its denormalization, is a particularly effective measure for reducing tobacco consumption and achieving the goal of a tobacco-free generation announced by several countries, including Scotland. It is part of the comprehensive tobacco consumption reduction strategies defined in the World Health Organization's Framework Convention on Tobacco Control.

In France, the National Committee Against Smoking (CNCT) has been conducting mystery shopper surveys among tobacconists in France for several years to verify compliance with the ban on sales to minors. According to the results of the 2021 survey, tobacco remains very accessible in France, since 64% tobacconistsagree to sell tobacco to minors, thus facilitating their entry into smoking and maintaining smoking prevalence at particularly high rates in the country.

Vaping's growing popularity among British teenagers

The Health Scotland Act 2016 makes it illegal for anyone under the age of 18 to purchase vaping devices. This is part of a broader nicotine reduction strategy by the Scottish government, which aims to restrict advertising of vaping devices and also ban the many flavours available for these products.

In May this year, data revealed that around 12% of teenagers in the UK aged 11 to 17 had tried vaping, an increase of 50% since 2022.

Keywords: Scotland, ban on sales to minors, IVM, vaping, puffs

AE

[1] Report, Enhanced Tobacco (and NVP) Sales Enforcement Program Including Operation CeCe (Scotland) illegal tobacco disruption update, 2022-2023 report, SCOTTS