United Kingdom: E-cigarettes sold as "nicotine-free" illegally contain nicotine

An investigation by Trading Standards shows that 13 % vaping products sold in the UK counties of Devon, Somerset, Torbay and Plymouth claiming to be 'nicotine-free' actually contain nicotine.[1]The sampling exercise is part of Operation Joseph, an initiative funded by the Department of Health and Social Care to obtain new intelligence on the illegal vaping market.

13 % of vaping products sold without nicotine contain it

A total of 76 products sold as nicotine-free vaping products were tested by the Heart of the South West Trading Standards Service, in collaboration with Trading Standards teams in Salford and Berkshire. More than one in eight products (13.2 %) contained nicotine in amounts ranging from 0.06 mg/ml to 27.02 mg/ml, approximately the amount delivered by a pack of 20 cigarettes.[2]

All ten samples also exceeded the limit for the amount of e-liquid allowed in vaping products, and two of them exceeded both the e-liquid and nicotine content limits. In the United Kingdom, as in European Union countries, regulations limit the nicotine content of vaping devices to 20 mg/ml. In addition, the capacity of nicotine-containing tanks is restricted to a maximum of 2 ml.

In 2023, analyses in the United Kingdom had already revealed that some vaping devices sold as “nicotine-free” actually contained nicotine, sometimes in quantities exceeding the legal limit. This phenomenon, also observed in Ireland and Switzerland, reflects a broader trend of non-compliance in the vaping market.[3].

Risk of addiction and false advertising

Lord Michael Bichard, Chairman of National Trading Standards, commented on the study: " Nicotine-free vaping products can be a useful tool for quitting smoking and reducing nicotine dependence, but these findings reveal that people can actually remain stuck in a cycle of addiction if this highly addictive substance is sold to them without their knowledge.

[…] Businesses should be aware that vaping products falsely claiming to be nicotine-free are in circulation and should ensure they are not breaking the law by selling falsely advertised products, particularly when importing products or acting as the main distributor in the UK. [4] »

Heavy fines for violating vaping laws

The Trading Standards investigation comes three months before the UK bans single-use vaping products. The Association of Convenience Stores (ACS) separately warns retailers that the new rules represent " one of the biggest regulatory changes for retailers in recent memory "The ACS urged companies to think carefully about how they manage their vaping product range over the coming months to ensure they are ready by June 1, 2025.[5]

In England, retailers violating the ban face a £200 fine for the first offense, followed by a cease and desist notice. Repeat offenders can be sentenced to an unlimited fine and up to two years in prison. In Scotland, the fine is £200 (£150 if paid within 14 days), rising to £800 for a repeat offense within three years. Offenders can also face a £5,000 fine and up to two years in prison. Retailers in Wales and Northern Ireland face similar penalties, with possible trials and fines of up to £5,000, as well as a prison sentence for repeat offenses.

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[1] Heart of the South West Trading Standards Service, Trading standards finds that some 'nicotine free vapes' contain nicotine, published March 6, 2025, accessed March 10, 2025

[2] National Trading Standards UK, Warning issued about 'nicotine free' vapes, published March 6, 2025, accessed March 10, 2025

[3] Tobacco-free generation, UK: High nicotine levels in e-cigarettes sold as “0 nicotine”, published April 23, 2023, accessed March 10, 2025

[4] Clarke, Josie, 13% of 'nicotine-free' vapes contain the addictive substance – Trading Standards, Independent, published March 6, 2025, accessed March 10, 2025

[5] Griffiths, Hugo, Trading Standards finds over one in eight 'nicotine-free' vapes containing nicotine, Forecourt Trader, published March 7, 2025, accessed March 10, 2025

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