UK: 60% retailers found to have sold vaping products to minors have not been penalised

THE report 2024 on sales of vaping products to minors, which analyses data obtained under a system of access to administrative documents from 138 local authorities, reveals that the number of businesses caught selling vaping products to minors has increased seven-fold over the last four years in the UK.

In 2023, there were 4,563 reports of the sale of a vaping product to a minor, or the equivalent of one every two hours. Reports up 31% from 2022[1].

The report collected data from 138 local authorities on the number of: (1) reports of sales of vaping products to minors; (2) test purchases for vaping sales to minors, made by each local authority’s enforcement agencies; (3) retailers caught selling to minors, either through test purchases or other methods; and (4) warnings, fines or sanctions issued to retailers caught in the act.

Reports to increase in 2023

The latest figures show that reports to local authorities of underage sales increased by 31,000 in 2023. The number of reports turning into confirmed cases also increased significantly: 776 retailers were caught selling to minors, an increase of 39,000 in 2023 compared to the previous year. This is a seven-fold increase compared to pre-Covid19 figures.

The data also reveals that test purchases are becoming more common in the UK, increasing by 145 % in 2023 compared to the previous year. In 2023, an average of 25 test purchases were made per local council. However, experts deplore the lack of funding to carry out these test purchases.

Retailers still too rarely punished when they sell to minors

According to the data, only 41% of the retailers who were caught selling vapes to minors were fined. The rest were only given a warning.

Businesses caught selling vapes to minors have been fined around £400, six times less than the current maximum penalty of £2,500. This represents a loss of £1.7 million in revenue for the government. Health experts are calling for maximum fines to be increased to at least £10,000 for businesses to act as a deterrent, and for the fine to be increased for repeat offenders.

Call to ban the display of vapes to protect minors

In a report Published on Wednesday (August 28), the doctors’ union has called on ministers to introduce legislation to tackle the UK’s “growing epidemic” of vaping among teenagers. While the previous Conservative government introduced a Tobacco and Vapes Bill earlier this year that included proposals to regulate the sale of vaping products, it was not taken up in the new session of Parliament. The new Labour government reintroduced a bill to tackle smoking and vaping among young people in the King’s Speech in July, but so far there are no details on what measures will be taken. The British Medical Association (BMA) has issued a series of recommendations that future legislation should include, including that vapes should only be sold “behind the counter”, like cigarettes, and should not be displayed in shops. The Association also wants to ban all flavours other than tobacco for these products.

While the BMA recognises that vapes can be a useful tool to help some people quit smoking cigarettes, these products can lead to a high level of nicotine addiction, with the potential to cause health problems, including cardiovascular problems.[2].

©Tobacco Free Generation

AE

[1] Tony Corbin, 60% of UK businesses caught selling vapes to children last year avoided fines, Talking Retail, published August 27, 2024, accessed August 29, 2024

[2] Communicated, The BMA urges Government to take action to stop a growing 'epidemic' of vaping, BMA, published August 28, 2024, accessed August 29, 2024