A loophole in Labour’s disposable vape ban has made the reason for introducing the law “meaningless”, according to industry experts.
The ban, which came into force nationwide on June 1, makes it illegal to sell single-use vapes at corner shops and supermarkets and was introduced, among other reasons, to “shift away from environmentally destructive options”.
The People’s Channel has seen a letter from a major vape brand and addressed to Circular Economy Minister Mary Creagh, which highlights growing concerns around the loophole in the new legislation.
Imperial Brands, owner of the blu vape brand, claims the flaw risks undermining the ban’s effectiveness and highlights that “there is currently no requirement for retailers to stock compatible pods”.
Speaking to this broadcaster, one shopkeeper in Loughborough warned that Labour must find ways to close the loophole or “the disposable vape ban will simply be completely ineffective”.
Ankit Passi, 28, whose family runs Carillon News, said: “We are really keen to comply with the new regulations around vapes, but the policy is not working as intended and that is creating issues for businesses like ours.
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Mary Creagh was sent a letter explaining the loophole
“There is definitely more work to do from the Government in making the whole supply chain work if the disposable vape ban is going to be effective.
“Many consumers are still treating refillable vapes as disposables.
“We are doing everything we can to reduce wastage and encourage consumers to buy refill pods.
“The challenge for us is that too few of the various vape manufacturers we stock are making refill pods available to us.
“They are sold out through multiple wholesalers, and so in many instances, consumers have no choice but to treat vapes as disposable, especially on devices with larger puff counts.
“We were led to believe that banning disposables was intended to help the environment.
“We want to do our part and follow the rules, but I think the Government needs to find a way to solve this or the disposable vape ban will simply be completely ineffective.”
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The disposable vape ban made it illegal for businesses to sell, offer to sell, or possess for sale all single-use vapes, whether they contain nicotine or not
In their letter, Imperial Brands demanded of Creagh that refill pods be stocked wherever reusable devices are sold and that refills are clearly available and compatible with the devices sold in physical retail outlets.
Addressing the Defra minister, Stephen Rooney, Imperial Brands UK Senior Government Affairs Manager, wrote: Since the ban came into effect, there has been a rise in reports of consumers using reusable vapes as though they were disposable; continuing to purchase them cheaply, failing to locate replacement pods, and therefore simply re-purchasing another device.
“While responsible manufacturers have worked hard to provide consumers with alternatives to disposables, the legislation cannot deliver its intended benefits unless all consumers are offered the right level of choice by all manufacturers to encourage them to purchase and use refill pods.
“Without this, reusable devices will continue to be treated as single-use, with no reduction in electronic waste.
“Furthermore, the Association of Convenience Stores has reported that retailers are facing difficulties in stocking vape pod refills for sale in-store.”
Rooney added: “There is currently no requirement for retailers to stock compatible pods.
“Although fines exist (£200 in England and Wales, £400 in Scotland) for retailers stocking non-compliant vapes, these measures fall woefully short of ensuring that retailers are required to stock refillable options.
“As a result, the environmental benefits of the ban are at serious risk of being lost.”
He concluded: “Without strengthened guidance, the raison d’être of the disposable vapes ban risks being lost, and the Government’s environmental goals undermined.
“We urge Defra to ensure the guidance is strengthened to ensure the disposables ban delivers.”
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In a letter seen by GB News, Circular Economy Minister Mary Creagh was told the loophole threatens to undermine the goals of the ban
Deirdre Healy, Imperial’s Head of Corporate & Legal Affairs for UK & Ireland, said: “The ban on disposable vapes is meaningless unless consumers also purchase vape pods separately and use multiple pods with the one reusable vape device.
“Otherwise, consumers are treating reusable devices as a one-use only device.”
Healy added: “We have 15 flavours in Blu vape pods available for sale throughout 35,000 retail outlets in the UK. We want the disposable vape ban to work.
“We want less electronic waste in the UK. Given the ban is in its infancy, it is important to continue to promote best practice use for consumers.”
Research by Material Focus last year found that more than 90 per cent of vape producers and retailers did not seem to provide or pay for the return and recycling of single-use e-cigarettes.
Commenting on that research, Scott Butler, the executive director at Material Focus, said: “It is as easy to buy a vape as it is to buy a bag of crisps or chocolate bars.
“It should be as easy to recycle one as to buy one.
“Producers, importers and retailers of vapes are still legally required to offer and finance take-back and recycling, and 90 per cent of them are still not doing this, so now is the time for them to step up.”
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Experts have long warned that a lack of enforcement is giving rise to a growing black market
Speaking on the loophole, Dr Marina Murphy, Scientific Adviser to the UKVIA, told GB News: “This ban was rushed, and it shows.
“Popular brands prepared for it, but they underestimated the demand for pre-filled pods, just like when disposables first took off.
“Ten weeks in, they’ll catch up, but shops are not mandated to carry devices or pre-filled pods.
“By rushing a ban through, rather than bringing consumers and businesses along, you end up with empty shelves and frustrated customers.”
John Dunne, Director General at the UK Vaping Industry Association, added: “Firstly, it’s important to make clear that the industry is not exploiting loopholes, but making devices to the specification set out by the Government in the legislation.
“Pre-filled vapes have proved very popular following the ban, but the market is still settling down and adapting.
“Refillables represent a new market opportunity for vape manufacturers and there are plenty of refillable products on the market, so we fully expect much more balance between pre-filled and refillables in the near future.
“However, the regulations do not help matters as shops are not mandated to carry both refillables and the refills – the law just says the refills need to be available on the market.
“The industry had advised the Government that they should have made the regulations more robust in this area, but our warning was not taken on board.
“The Government must start recognising that we’re here to disrupt the tobacco industry and to listen to what we say.
“Also, it’s important to note that the ban on disposables is not the answer to dealing with vaping’s impact on the environment, as the UKVIA has always maintained.
“Instead, there is a fundamental need to change consumer behaviours and educate them about where they can dispose of their vapes responsibly.
“There’s also the need to bring partners together in the vape waste chain – manufacturers, retailers, waste management companies, local authorities, and operators of pubs, clubs and transport hubs to provide the necessary infrastructure and collection services so that there are disposal facilities at point of sale, point of use and at home.”
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Dr Marina Murphy told GB News: ‘This ban was rushed, and it shows’
Another loophole in Labour’s vape policy was previously exposed by GB News presenter Patrick Christys, who found disposable vapes readily available in multiple shops even after the ban had come into effect.
Experts have long warned that a lack of enforcement is giving rise to a growing black market.
The People’s Channel’s star said: “I don’t think anyone’s really adhering to that ban, and I’m pretty sure that it’s totally unenforceable.
“The police don’t seem to be doing anything about it.”
A Government spokesman said: “Single-use vapes get kids hooked on nicotine and blight our high streets – it’s why we’ve taken tough action and banned them.”
They warned that “rogue traders will face serious penalties” and “those who show a blatant disregard for the rules and reoffend face unlimited fines or jail time”.
The spokesman added: “We’re working with Trading Standards and local authorities to enforce the ban and have made it compulsory for all vape retailers to provide recycling bins, with 10,500 takeback bins introduced in UK stores since April.”
Since a compulsory order for all businesses selling vapes required them to provide their customers with a vape recycling bin and arrange for these vapes to be collected by a verified recycling service came into force in April 2024, businesses across the UK have introduced 10,500 vape takeback bins into their stores, according to Government figures.
The Government’s Circular Economy Strategy will come out later this year, which is said to include a roadmap to help increase the reuse and recycling of electrical equipment.
