Ahead of the upcoming ban on single-use vapes in the UK, new guidance says retailers could receive a 2-year prison sentence for ignoring the regulations.
New guidance published by the Department for Environment, Food and Rural Affairs (Defra) says local authority Trading Standards will lead on enforcing the ban within their area.
For a first offence, the guidance says enforcement authorities will apply civil sanctions (non-criminal penalties), such as the following:
- Stop notice
- Compliance notice
- A fine of £200
If a business continues to supply single-use vapes, they may be charged an unlimited fine, receive a prison sentence of up to 2 years, or both.
Offenders may also receive an additional cost recovery notice, in which they are required to pay Trading Standards’ costs, including investigative, administrative, and legal costs.
Trading Standards will also be able to seize any single-use vapes they find.
Defra defines a single-use or disposable vape as a product that’s neither designed nor intended to be re-used.
The guidance states that for a vape to be considered reusable, it must be both:
- Rechargeable
- Refillable
Single-use vapes to be banned from June 2025
Last year, the UK Government announced that the sale of disposable vapes would be banned in June 2025 as part of the “first step” on the road towards a circular economy.
The UK Vaping Industry Association called the ban “counterproductive” and claimed the legislation could increase the sale of illegal vapes.
The Chartered Institution of Wastes Management (CIWM) applauded Creagh, the UK Government, and the Devolved Administrations for what it called the “timely and entirely sensible commitment to ban disposable vapes as soon as practicable”.
8.2 million vapes are thrown away or recycled incorrectly every week, according to research by Material Focus.
Material Focus said the increase is being fuelled by new product designs that attempt to evade the upcoming ban.