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.

PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
PMI Q2 Call: ZYN Growth, IQOS Pricing and a Diverging Global Tobacco Market
Philip Morris International’s second-quarter earnings call offered new detail on its smoke-free strategy. Management said it would increase U.S. investment behind nicotine pouch brand ZYN, keep IQOS focused on volume before stronger pricing, and use SENTIA, DELIA, LEVIA, VEEV and ZYN to manage tax and regulatory pressure across Japan and Europe. Analysts from Goldman Sachs, Morgan Stanley, UBS and other firms also pressed PMI on profitability, market share, cigarette resilience and the durability of its global transformation over coming quarters.
Jul.24
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Bets on Age-Gating and 678 PMTA Assets as U.S. Vape Enforcement Landscape Shifts
Charlie’s Holdings said in its latest shareholder letter that it is moving to commercialize PACHA products and monetize its PMTA assets as the FDA changes enforcement priorities for unauthorized ENDS products. Thirty PACHA SKUs were previously tentatively identified for a proposed public list of products that the FDA generally does not intend to prioritize for enforcement. Charlie’s is also preparing test-market sales of age-gated flavored disposables and says it currently holds 678 PMTA-related product assets while seeking additional strategic transactions and partnerships.
Sep.11
Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
U.S. Senator Ron Wyden, the Democratic ranking member of the Senate Finance Committee, has launched an investigation into flavored vape policy changes and requested records from the Department of Health and Human Services (HHS), Reynolds American and Botanic Tonics. The investigation focuses on a timeline involving Reynolds American’s $5 million donation to MAGA Inc. in April 2026 and subsequent vape policy developments. Wyden said the review aims to examine potential links between political donations, corporate communications and government decisions. The investigation does not represent a finding of wrongdoing.
Innovation
Aug.07 by 2Firsts Perspectives
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
2Firsts Compliance Solutions Hosts PMTA Briefing on FDA Review Signals After JUUL2 Authorization
Following recent FDA authorizations for JUUL2 and ZYN ULTRA, 2Firsts Compliance Solutions held an online PMTA briefing on Sept. 4 to examine what the decisions may signal about review efficiency, scientific evidence and U.S. market access. Nearly 30 participants from brands, manufacturers, compliance service providers and investment firms joined the discussion.
2Firsts Events
Sep.06
How Large Is France’s Off-Channel Tobacco Market? Logista Says It Has Become Structural, While the Official Estimate Is 17.7% and Some Industry Studies Put It Above 50%
How Large Is France’s Off-Channel Tobacco Market? Logista Says It Has Become Structural, While the Official Estimate Is 17.7% and Some Industry Studies Put It Above 50%
Logista France says tobacco consumption outside France’s official tobacconist network has become a large and structural market phenomenon, but official and industry estimates differ sharply. France’s TAFE study estimates that 17.7% of tobacco consumption escaped domestic taxation in 2023, with most of that volume attributed to cross-border purchasing rather than street sales. Some industry studies use broader off-channel definitions and put the figure above 50%. Meanwhile, French Customs seized 547.94 tonnes of tobacco in 2025, up 12%, showing continued pressure from illicit trade.
Sep.04
SMOORE’s DOJO by VAPORESSO to Launch New Global Brand Identity on September 1
SMOORE’s DOJO by VAPORESSO to Launch New Global Brand Identity on September 1
According to recent LinkedIn posts from people at VAPORESSO, SMOORE and a German distribution partner, vape brand DOJO will begin rolling out a new global brand identity on September 1, 2026, led by a redesigned handwritten logo. The new visual system will be gradually applied across product packaging, marketing materials and digital assets over the following months. Fabio Corsaro, Head of Marketing and Purchasing at MG Wesel GmbH, said the rebrand was related to trademark issues, but that explanation has not been publicly confirmed by DOJO, VAPORESSO or SMOORE. DOJO is currently promoting its Blast X product in Germany.
Aug.31