BAT Tests Find Over-Nicotine in UK's Top Disposable E-Cigarette Brands

Mar.21.2023
BAT Tests Find Over-Nicotine in UK's Top Disposable E-Cigarette Brands
BAT's test report found that nearly all major UK disposable e-cigarette brands exceeded oil limits.

On March 17th, the British media outlet betterRetailing published a testing report by British American Tobacco (BAT), which found that nearly all major disposable e-cigarette brands in the UK had exceeded the allowable levels of e-liquid. The report covered popular brands such as Elfbar, LOSTMARY, SMOK, SKE Crystal and Solo. BAT has sent the testing report to retailers, distributors, and regulatory agencies, and has urged retailers to ensure that non-compliant products are not supplied.


The publication 2FIRSTS conducted an interview with Tang Shunliang, a lawyer from the Beijing Zhong Lun Wende (Kunming) Law Firm, regarding this incident.


Lawyer Tang Shunliang explains, source of image: 2FIRSTS.


Lawyer Tang Shunliang stated that the current competitive strategy of big tobacco companies is to rapidly expand their market share in the new tobacco market. When they cannot seize the market through patenting, the most effective means is to acquire access to end-users through the acquisition of small and medium-sized enterprise distributors. It is not uncommon for companies to attempt to weaken the acquisition target through unfriendly means when the acquisition fails, in a rush to dominate the market.


According to observations made by lawyer Tang Shunliang, the main reason behind the intended acquisition of ELFBAR by BAT is the market competition between BAT and PMI in the new tobacco industry.


PMI has used patents for its heat-not-burn products to capture a majority of the market and has even acquired Swedish matchsticks at significant cost, while Altria is in the process of acquiring NJOY. As a result, BAT also intends to increase its market share in the new tobacco field. As a leading competitor in the disposable e-cigarette sector, it is reasonable for BAT to consider the acquisition of ELFBAR.


According to lawyer Tang Shunliang, if the acquisition by BAT is successful, it will have access to a wide range of distributor resources and subsequently gain users. Perhaps ELFBAR will eventually be replaced by another name, such as BAT's own brand. BAT is likely interested in ELFBAR's channel value in the UK and US markets, enabling them to compete with PMI in the vape market and make up for their gap with ILUMA in heated but not burnt products.


Lawyer Tang Shunliang emphasized that product safety indicators are a key concern that brands such as ELFBAR need to pay attention to in the future.


He presented several clarification suggestions for companies such as ELFBAR.


Firstly, BAT cannot fulfill the role of an electronic cigarette "law enforcement officer". As a competitor, purchasing its competitor's products for testing and then publishing the results would generate suspicion regarding its motives and the independence of its testing.


For example, although BAT has commissioned testing, it is unclear how much ELFBAR BAT has purchased and what percentage of the samples have been tested. The accuracy and application standards of the testing cannot be evaluated, and it is difficult to imagine that without the involvement of a third-party witness organization in the process from product purchase to operational testing, such testing results would not be recognized by law enforcement authorities. If a lawsuit were to be filed, BAT's own testing results would obviously not be admissible as evidence.


Lawyer Tang Shunliang stated that in the process of BAT suing PMI for the invalidity of their patent for heating devices (CA-2021-000302) in the UK, they also first used a "moral weapon" by attacking PMI's application for four patents at the beginning in order to trap more competitors in their own patents, including Glo. The purpose of the patent application was to accuse more competitors of infringement. This case had a good effect as BAT ultimately won the lawsuit.


Further reading:


British media reports obtaining BAT testing report revealing that almost all disposable e-cigarette brands in the UK have excessively high levels of e-liquid.


The UK Vaping Industry Association has responded to the incident of brand e-liquid exceeding the limit, stating that the test results of BAT and other companies are conflicting.


ELFBAR discloses details of its refusal to be acquired by BAT for the first time. Experts interpret the international tobacco industry's "acquisition + ethics" strategy.


For more news related to "Miracle", please click on the image.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Wall Street Journal: U.S. FDA Plans Faster Vape and Nicotine Pouch Reviews, Revisit of 2021 PMTA Rule
Wall Street Journal: U.S. FDA Plans Faster Vape and Nicotine Pouch Reviews, Revisit of 2021 PMTA Rule
The Trump administration is preparing changes intended to accelerate FDA market authorization reviews for e-cigarettes and nicotine pouches, according to The Wall Street Journal. The FDA is expected to revisit its 2021 PMTA rule and may simplify some scientific study requirements and shorten review times. The agency has not formally announced the changes. Over the past year, the FDA has already accelerated nicotine-pouch reviews, expanded ENDS authorizations and upgraded its CTP Portal NextGen application system. As of August 2026, 43 nicotine pouch products and 48 e-cigarette products had received FDA marketing authorization.
Sep.24
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa Sets November 16 Vape Directory Launch: Unlisted Products Face Sales Ban, Manufacturers $1,000 Daily Fines per Product
Iowa plans to publish its first vapor products directory on November 16, 2026, after which products not listed will be prohibited from sale or offer for sale in the state. The Department of Revenue expects to begin penalty enforcement on December 17, following an initial 21-business-day period focused on compliance education. Under House File 2677, retailers, distributors and wholesalers selling unlisted products face civil penalties of $300 per product per day, while manufacturers face $1,000 per product per day. Eligibility extends to FDA-authorized products and certain products meeting historical marketing and pending PMTA requirements. The directory program resumed after a federal appeals court vacated a preliminary injunction in July 2026.
Regulations
Nov.05
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
U.S. Judge Stays Helix, NJOY Challenge to FDA PMTA Rule Pending New Rulemaking Court Stays Altria's Helix, NJOY Challenge to PMTA Rule as FDA Prepares New Rulemaking
A federal judge in Texas on Oct. 8 granted a joint request by the FDA and plaintiffs including Altria subsidiaries Helix Innovations and NJOY to stay litigation challenging the agency's 2021 PMTA rule. The court cited FDA's anticipated rulemaking concerning the regulation at issue. FDA announced on Sept. 28 that it intends to reassess the PMTA framework and could initiate new rulemaking to replace it. The parties must file a joint status report within 45 days and every 45 days thereafter. A motion by three Reynolds American companies to intervene remains pending.
Regulations
Oct.10
Product | JT Launches Three Autumn-Limited Ploom Tobacco Sticks in Japan Across EVO, MEVIUS and CAMEL Brands
Product | JT Launches Three Autumn-Limited Ploom Tobacco Sticks in Japan Across EVO, MEVIUS and CAMEL Brands
Japan Tobacco Inc. (JT) launched three limited-edition autumn tobacco sticks for its Ploom heated tobacco devices in Japan on October 16, 2026, under the EVO, MEVIUS and CAMEL brands. All three are regular tobacco variants with seasonal packaging. Each pack contains 20 sticks, priced at ¥620, ¥590 and ¥570, respectively, including tax. The products are compatible with all Ploom devices and are sold in limited quantities exclusively through the CLUB JT online store while supplies last.
product
Oct.20
Swedish-Founded Nicotine Pouch Retailer GotPouches Shifts to U.S.-Based Operations, Reaching Over 25 States
Swedish-Founded Nicotine Pouch Retailer GotPouches Shifts to U.S.-Based Operations, Reaching Over 25 States
Swedish-founded online nicotine pouch retailer GotPouches has completed the localization of its U.S. operations under UpNorth Retail LLC, with corporate operations in Franklin, Tennessee, domestic fulfillment from Nashville and U.S.-based customer support. The company says its catalog covers more than 20 nicotine pouch brands and it currently serves customers in more than 25 U.S. states.
Sep.18
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia Extends Illicit Tobacco Crackdown From Tougher Penalties to Customs and Logistics Supply Chains
Australia's federal government introduced a new illicit tobacco enforcement bill on September 10 that would strengthen evidentiary presumptions, representative sampling, seizure and forfeiture procedures, proceeds-of-crime powers and obligations for customs and logistics operators. The proposal follows the Combatting Illicit Tobacco Act 2026, which took effect in August and increased penalties while expanding investigative and asset-recovery tools. Together, the reforms extend Australia's crackdown from tougher criminal sanctions into import, logistics and evidentiary enforcement.
Sep.14