Challenges in Enforcing E-Cigarette Sales Laws in England

According to a report from Better Retailing on September 26, most convenience stores in England found to be illegally selling e-cigarettes have escaped economic penalties because the Department for Trade Standards believes that fines are not the most effective deterrent.

According to the sister publication of "Better Retailing," called "RN," as of May 2024, 16 out of 21 counties in England have not issued any fines.

Among the counties that issued the most fines, Derbyshire issued the most at four times, followed by Lincolnshire at two times, and Durham, North Yorkshire, and Durham each issued one fine.

In the past 12 months, the number of false reports has far exceeded the number of fines, with fines accounting for only 2% of the 543 identified illegal sellers. However, both the number of false reports and fines have decreased by half compared to the previous year.

James Whiddett, Operations Manager of the Kent Trading Standards Department, told Better Retailing that fines can only be issued after legal proceedings, but he added that the agency is waiting for new legislation to grant them similar powers. Additionally, he stated that fines themselves are "not the most effective way to prevent illegal e-cigarette sales.

Meanwhile, Helen Deeley, Quality Assurance Manager at the Warwickshire Trading Standards Department, stated that no fines have been issued in the region.

Because other forms of intervention are more effective, such as confiscation, frequent visits, evictions, and license reviews.

The Independent British e-Cigarette Trade Association is calling for fixed penalty notices to be included in the upcoming Tobacco and e-Cigarette Act. CEO Gillian Golden stated that...

We hope that the 'quota penalty notice' is set at a level that can effectively deter offenders. However, it is naive to think that these measures can address all the challenges in our industry.

At the same time, there are calls for increased funding to reduce the illegal sales of e-cigarettes.

John Dunne, General Secretary of the UK E-cigarette Industry Association, stated that £168 million will be needed over the next five years to effectively enforce current e-cigarette legislation in the UK.

A retailer, who cannot be named for legal reasons, has stated that despite multiple reports to the trade standards department, two nearby stores continue to sell illegal e-cigarettes.