The UK Government has implemented and is developing extensive plans to combat and manage the public health challenge that has “cast a long shadow over our society”- smoking and vaping. The former is not only a health concern, but a wider economic concern due to the burden it is placing on the NHS.
The Government’s plans to bring about a “smoke-free generation” are spear-headed by the Tobacco and Vapes Bill, which has just had its second reading in the House of Lords and is yet to be scheduled for Committee Stage. We have previously written an article on the key points of the Bill and its practical implications for retailers. This can be found on our website, here.
Prior to the passage of the Bill, which is set to prohibit the sale of tobacco products, herbal smoking products and cigarette papers to anyone born on or after 1 January 2009, and introduce a licensing regime for the sale of tobacco and vapes, the Government has passed legislation to ban the sale of single-use vapes, which will come into force on 1 June 2025.
This legislation is intended to tackle waste and the impact of disposable vapes on the environment, but is also part of the wider aim of limiting the access of young people to vapes.
The Department for Environment, Food and Rural Affairs (DEFRA) has released guidance for business owners on the impacts of the legislation, which can be found here. We highlight below the key points to note from the guidance and the impact on businesses from 1 June 2025.
1. Definition of a single-use vape
A single-use vape or disposable vape is a product that is neither designed nor intended to be re-used. A vape is not considered reusable if it is:
- Rechargeable but not refillable
- Refillable but not rechargeable
A vape is not considered rechargeable if it has a
- Battery but you cannot recharge it
- Coil you cannot buy separately and easily replace
The coil is the part of the vape that is powered by the battery to produce heat, vaporising the e liquid. With a reusable vape, you may be able to directly remove or replace the coil or remove and replace the pod or cartridge in which the coil is encased.
2. Definition of a reusable vape
To be reusable, a vape must:
- Have a battery you can recharge
- Be refillable with vape liquid
Refills should be separately available for users to buy. By law, businesses must be able to demonstrate that an average user can separately buy individual refill items for the vaping items stocked, e.g. by providing them online or in-store.
3. If you get caught selling or supplying a single-use vape from 1 June 2025
It will be an offence to sell or supply, offer to sell or supply, or have in your possession to sell or supply a single-use vape from 1 June 2025. Enforcement will be carried out by Border Force, Medicines and Healthcare products Regulatory Agency (MHRA), Office of Product Safety and Standards (OPSS) and Trading Standards.
4. Enforcement in England
Enforcement authorities will apply civil sanctions in the first instance such as:
- A stop notice
- A compliance notice
- A fine of £200
If you continue to supply, offer to supply or have in your possession to supply single-use vapes, you may be charged with:
- An unlimited fine
- A prison sentence of up to 2 years
- Both
You may also receive an additional cost recovery notice. This includes investigative, administrative and legal costs incurred by Trading Standards.
5. How to tell if you can sell or supply a vape
Things to look out for with reusable vapes:
- Chamber, pod or take you can refill using e-liquid bought separately
- Rechargeable battery
- Removable and replaceable coil
- Pre-filled pod you replace when the e-liquid runs out
- Refillable pod you refill and replace when necessary
- Re-charging port, typically USB or USB-C
You can check if a nicotine-containing vaping product is reusable on the MHRA website, here.
6. What to do if you have stock of single-use vapes
If you still have stock of single-use vapes, to prepare for the ban, you should stop buying new stock, sell through all existing stock and only buy vapes that follow these new regulations.
From 1 June 2025, if you have any leftover single-use vapes, you will need to separate them, label them unsellable and remove them from the shopfloor until they are collected by a registered vape recycling service.