UKVIA to 2Firsts: £30M Enforcement Funds Unfulfilled, Urges Retail Licensing Scheme

Recently, British media reported that in the past two years, illegal e-cigarettes have been rampant in the UK, with law enforcement agencies seizing nearly 400,000 illegal e-cigarette devices. In response to this, 2Firsts contacted the UK Vaping Industry Association (UKVIA) to obtain more information on the issue.

Patrick Griffin, spokesperson for UKVIA, stated that in the face of the widespread illegal e-cigarette market, the previous Conservative government's repeated promises of £30 million in enforcement funding have not materialized. Griffin suggests implementing a licensing scheme for e-cigarette retailers and distributors as a way to combat the sale of illegal e-cigarettes and increase enforcement funding.

Nearly 400,000 illegal e-cigarettes seized, with fines for illegal sales totaling only £10,000.

A recent study in the UK has revealed that over 5.1 million people aged 16 and above are using e-cigarettes. With the increasing number of e-cigarette users, the UK is facing a serious challenge of illegal e-cigarettes flooding the market. UKVIA has previously issued a warning, emphasizing the significant impact of the expansion of the illegal e-cigarette market on legitimate nicotine e-cigarette retailers.

Patrick provided 2Firsts with some FOI investigation data indicating the prevalence of illegal e-cigarettes in the UK. This data comes from e-cigarette enforcement activities conducted by local trade standards teams between 2022 and May 30, 2024.

More than 387,115 illegal and non-compliant e-cigarettes were seized, with the majority being stored, destroyed, or sent to recycling centers. 1,867 stores were visited for suspected sale or supply of illegal e-cigarette products. 334 physical retailers were convicted for selling e-cigarettes to minors. The majority of retailers caught for selling/storing illegal products or convicted of selling e-cigarettes to minors were non-specialty stores, including convenience stores, post offices, and newsstands. The investigation also found that the Trading Standards teams only issued fines of £10,730 for selling and supplying illegal e-cigarette products, and fines of £20,340 for selling e-cigarettes to minors.

The previous Conservative government's promised £30 million funding for law enforcement was not delivered.

It has been reported that, in response to the widespread phenomenon of illegal e-cigarette sales, former Health Secretary Andrea Leadsom has repeatedly stated that the government is committed to providing an additional £30 million in funding each year to enforcement agencies to address illegal e-cigarette sales.

Patrick mentioned that UKVIA, through analyzing the latest data from the UK Freedom of Information (FOI) Act, found that local authorities have never received the promised £30 million enforcement funding from the previous government. Fifteen major cities and the London borough councils have confirmed that they have not received any enforcement funding.

In addition, analysis by UKVIA shows that even if the Conservative Party fulfills this law enforcement funding promise, it will only cover a portion of the funds needed for enforcement.

It is recommended to implement a licensing program for e-cigarette retailers and distributors.

In response, John Dunne, the Chief Executive of UKVIA, stated that a licensing scheme for e-cigarette retailers and distributors should be introduced. This scheme would not only prevent inappropriate stores (such as candy shops) from selling illegal products and impose harsher penalties for law violations, but also generate up to £50 million in self-sustaining funds each year. These funds could be used to enhance trade standards and support proactive national enforcement programs.

Patrick stated that if the licensing plan for e-cigarette retailers and distributors is implemented, retailers found selling e-cigarettes to those under the age of 18 in FOI investigations could face fines totaling over £3,340,000 and be prohibited from legally selling age-restricted products for two years.

John emphasized the importance of the licensing program.

It is clear that we are taking more measures to cut off the illegal e-cigarette sales supply, and we commend the officials of the Trade Standards Bureau for their efforts to bring illegal retailers to justice despite limited resources. However, without significant investment and clear national enforcement actions (which would be achieved through issuing licenses), we will never truly be able to eradicate dishonest sellers and ensure a more responsible e-cigarette industry.