Significant lack of enforcement action is being taken against rogue vape traders in Edinburgh 

• Just one fixed penalty notice of £200 was issued by Edinburgh Trading Standards to a retailer for underage/illicit vape sales between 2021 and early 2023.
• The city council reported it doesn’t have the authority to prosecute rogue vape traders.
• Report follows the announcement of potential new vaping legislation which could restrict the sale of disposable vapes.
• Government has pledged £30 million for tobacco and vape enforcement but the industry warns more needs to be done.
• Research comes after an expert at Imperial College London revealed Trading Standards budgets have been cut by half, an estimated £200 million, since 2010.

As the government considers new vape legislation, which could see the sale of disposables restricted over youth fears, a new report from leading vape compliance firm Arcus Compliance reveals a staggering lack of targeted enforcement action is being taken against rogue vape traders in Edinburgh.

It found that, between 2021 and April 2023, Edinburgh Trading Standards issued JUST ONE FPN of £200 to a retailer for underage and illicit vape sales (this amount dropped to £150 if it was paid within 14 days).

The data was acquired through an FOI request made by Arcus Compliance to the City of Edinburgh Council and was gathered as part of a wider study on the activities of Trading Standards teams across the country in addressing youth access to vapes and illegal products.

In its response, the council said it ‘does not hold the authority to prosecute criminal cases in Scotland’, saying this is a provision reserved for the Crown Office or Procurator Fiscal Service (COPFS) – it can issue an FPN where ‘sufficient evidence’ has been established.

The full report findings show that across 11 major provincial UK cities – with a shared population of more than 5.5 million – just 21 prosecutions were made against retailers for underage/illicit sales between 2021 and early 2023.

Further, the highest total amount of fines and FPNs given out across these cities over the same time period was £2,188 – less than the current maximum penalty that can be issued to just one offender at £2,500 and considerably less than the £10,000 on-the-spot fines that the UK Vaping Industry Association has been calling upon Government to introduce.

Twenty-one local authorities, including 10 in central London, provided data on prosecutions, fines, raids and product seizures for underage and illicit vape sales. A handful also claimed that there was punitive action that was inconclusive or that there were ‘expected’ or ‘almost certain’ prosecutions impending.

The research comes after the Prime Minister put forward plans for a generational smoking ban and the government unveiled new investment for illicit tobacco and vape products enforcement functions.

Robert Sidebottom, Managing Director of Arcus Compliance, said: “The concerning lack of proactive enforcement in the form of prosecutions and penalties shown by this report demonstrates that the system is in serious distress.

“It’s staggering to see just how few prosecutions there have been and how low the levels of fines are, given the huge amount of concern over youth and illicit vaping. Trading Standards have been crying out for additional resources and support for some time and there’s no doubt as to why.

“The government has now pledged £30 million to help intercept illegal tobacco and vaping goods at the border and to tackle youth access.

“While this is a welcome development, we can’t just slap a multi-million-pound Band-Aid on the issue of underage and illicit vape sales and call it a day – especially if parliamentarians move on considerations to restrict the sale of disposable vapes.

He added: “This is a complex challenge which also requires regulators to ensure rogue traders are facing impactful punitive action, as well as greater national coordination from Trading Standards and greater powers for local enforcement officers.

“It should be noted that, according to Action on Smoking and Health Chair and Imperial College London Professor Nick Hopkinson, Trading Standards budgets have reportedly been halved, cut by an estimated £200 million, since 2010 – almost seven times the newly announced £30 million enforcement investment.”

Sidebottom questioned whether actions like fines, prosecutions and product seizures were being tracked effectively as cases continue to crop up in the media but didn’t appear to feature in the FOI feedback.

He also queried how much of the new investment would actually be used for vape enforcement and asked whether there were regional enforcement teams specifically tackling illicit vape trade or whether officers were spread across other age restricted areas such as alcohol, suggesting that it might be time for a more focused approach.

UKVIA Director General John Dunne, said: “It’s no wonder we are facing a youth vaping challenge when you see figures like the ones in this new report.

“Steps must be taken to ensure these products don’t end up in the hands of minors, but a ban on disposables is not the answer. Instead, regulators must ensure existing laws on illegal products and underage access are being fully enforced and those who break the rules face meaningful punitive action.

“Just recently I was shocked to read of a case where a retailer was fined a paltry £26 by a court for selling a vape to a 15-year-old – that amount is closer to pocket change than it is to being an actual deterrent.”

Dunne added that the new research reinforces calls for on-the-spot penalties of up to £10,000 for illicit sellers as several Trading Standards teams reported they currently don’t have the power to issue fines.

He said: “Although penalties and prosecutions are key weapons in our arsenal against cowboy sellers, they mean very little if Trading Standards don’t have the resources AND authority to pursue them – the government must take this new data very seriously.”