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.

JT’s Ploom Volumes Rise 43.5% as Cigarettes Anchor Its Transition
JT’s Ploom Volumes Rise 43.5% as Cigarettes Anchor Its Transition
JT’s Ploom heated-tobacco volumes rose 43.5% in the first half of 2026, while combustibles still represented about 97% of its tobacco volume and remained the main earnings base. In Japan, reduced-risk products now account for 48.7% of industry shipments, shifting competition from category adoption towards brand share, pricing and consumer retention. JT’s results offer a revealing case of a traditional tobacco company pursuing a prolonged, dual-track transformation.
JTI
Jul.30
Product | JT Upgrades with2 Infused Tobacco Capsules With Double-Size BIG PACK
Product | JT Upgrades with2 Infused Tobacco Capsules With Double-Size BIG PACK
Japan Tobacco Inc. (JT) announced that it will introduce a BIG PACK version of all five tobacco capsule variants designed for its with2 infused tobacco system. Scheduled for release in Japan on August 4, 2026, the refreshed packaging doubles the contents from five capsules and one cartridge to ten capsules and two cartridges while maintaining the same flavors and formulations
News
Jun.26 by 2Firsts Perspectives
PMI Oral Products Chief Says Lack of Rules May Push Nicotine Pouch Market Into Illicit Trade
PMI Oral Products Chief Says Lack of Rules May Push Nicotine Pouch Market Into Illicit Trade
Nick Ricketts, President of Oral Products at Philip Morris International (PMI), told Logos Press that nicotine pouches should be brought under clear regulatory frameworks covering nicotine limits, flavor rules, age verification, sales controls and marketing standards, arguing that the absence of clear rules or blanket bans may push consumer demand into illegal or semi-legal channels.
Jul.06
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
BAT Regional Director Fred Monteiro Supports Spain’s Nicotine Rules but Opposes 0.99mg Nicotine Pouch Limit
Spanish newspaper El Confidencial interviewed Fred Monteiro, Regional Director for Americas and Europe at British American Tobacco (BAT). Monteiro said BAT supports setting regulatory limits for nicotine products but opposes Spain’s proposed 0.99mg nicotine-per-pouch limit, arguing that such a restriction could affect adult smokers’ transition to alternatives. He said nicotine regulation should be based on scientific evidence and harm reduction principles. Monteiro also said smoke-free products now account for around 25% of BAT’s Americas and Europe business and nearly 30% of its Europe business
BAT
Jul.30
Former ATF Official’s Claims on Chinese Vape Companies and 6-Methyl Nicotine Fuel US Regulatory Debate
Former ATF Official’s Claims on Chinese Vape Companies and 6-Methyl Nicotine Fuel US Regulatory Debate
Former ATF Deputy Director Edgar Domenech has warned that some Chinese vape companies may be using 6-methyl nicotine, a nicotine analogue, raising new questions over how US regulators should classify emerging nicotine compounds.
Jul.13
InterTabac 2026: Further Sessions on Regulation, Market Access and Innovation Confirmed; 2FIRSTS to Host China Market Forum
InterTabac 2026: Further Sessions on Regulation, Market Access and Innovation Confirmed; 2FIRSTS to Host China Market Forum
InterTabac 2026 will bring together international experts to discuss European regulation, tax policy, Track & Trace, market access, retail impacts, consumer behavior and innovation. Sessions will also examine Poland’s tobacco-growing perspective and the growing fragmentation of Europe’s tobacco and nicotine market. Media partner 2FIRSTS will host the second “2FIRSTS Connect at InterTabac” on September 16, focusing on developments in China’s tobacco and nicotine industry.
Aug.06