Unless police and trading standards act fast, the illicit trade will spike following the single-use vapes ban, the Scottish Grocers’ Federation (SGF) has warned.
Disposable vapes became outlawed across the United Kingdom last Sunday (1 June), but the SGF said that the UK and Scottish Governments’ intentions of imposing the ban – including improving the environment and reducing under-age vaping – would be thwarted if authorities failed to tackle black market sales.
SGF Chief Executive Dr Pete Cheema said: “The unfortunate unintended consequences of the ban of disposable vapes is that it will inevitably fuel trade in cheap and unregulated products.
“Organised crime is already a growing and serious problem for retailers – and illicit vaping goods are already a significant issue in the market.
“The worry is that this will now be exacerbated, which is the last thing anyone wants. Swift action is critical to stop illegal supplies. Otherwise it’s criminals – many of them operating as part of highly-organised gangs – who will benefit from the ban.”
SGF is working alongside trading standards and Police Scotland to ensure its members understand their legal requirements and has called for enforcement agencies to be given additional resources to investigate and apprehend those responsible for the illicit trade of vapes and tobacco.
The trade body has raised its concerns about illicit goods – and the need for effective enforcement of the law – with the Scottish Government.
UK Government statistics show that £2.8bn in tax revenue is already lost to illicit tobacco. SGF fears that the growing market in illicit vapes will significantly add to those losses for HM Revenue and Customs (HMRC).
Cheema added: “Government, police and trading standards need to be on the front foot and come down hard on the damage caused by illicit trade.
“There are no guarantees around the content of illegally-supplied vapes. That means failing to act against those supplying them – and shutting down their lines of supply – would be bad for the economy, the environment and, potentially, peoples’ health.
“We promote responsible community retailing to our members. The vast majority of retailers have robust measures in place to stop under-age sales. Our fear is about the products bought and sold on the black market where age is of no concern to the criminals selling them.”
SGF has issued a special guide to advise its members how to stay on the right side of the new law.
Those found to be breaking it could face a fine or a prison sentence of up to two years.
The new law – The Environmental Protection (Single-Use Vapes) (Scotland) Regulations 2024 – is the first of two major legal changes around the use and sale of vaping products.
Further regulations are expected to be introduced through the UK Government’s Tobacco and Vapes Bill, which is currently being debated in the House of Lords. This is expected to be introduced in Scotland through secondary legislation in the Scottish Parliament.
SGF continues to oppose restrictions on flavour in vaping products, a proven factor in helping people who wish to quit switch from cigarettes to less harmful vapes. It also encourages members to follow Challenge 25 policies to avoid the risk of illegal sales.
