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.

Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Latest UK ONS Data: 54% of Vapers Are Former Cigarette Smokers, 26% Also Smoke and 20% Never Smoked Regularly
Former cigarette smokers accounted for an estimated 54% of current e-cigarette users in Great Britain in 2025, while 26% also smoked cigarettes and 20% had never regularly smoked, according to a 2Firsts analysis of Office for National Statistics (ONS) data. Among former cigarette smokers who currently vape, approximately 81% used e-cigarettes daily, compared with about 50% of dual users. The ONS found that 33.8% of current cigarette smokers also vaped in 2025, up from 10.6% in 2014. Approximately 1.1 million adults who had never regularly smoked cigarettes used e-cigarettes, representing 2.9% of that population, compared with 0.2% in 2014. The figures highlight differences in the composition, frequency of use and long-term trends across Britain's vaping population.
DATA
Oct.14
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
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana Halts Sales of Elf Bar, Lost Mary, MR FOG and iJOY Vapes Under Foreign-Adversary Rules; Some Products Return After Compliance Filings
Indiana's Alcohol and Tobacco Commission (ATC) ordered tobacco certificate holders in September to remove certain vaping products marketed under Elf Bar, Lost Mary, MR FOG, iJOY and other brands from inventory under the state's foreign-adversary product law. The agency later listed 257 MR FOG products and 77 Lost Mary product entries as lawful for sale. The Lost Mary revision expressly stated that compliance evidence had been received for 20 additional products. 2Firsts compliance expert Kurt said potential filings could include e-liquid and ingredient-origin records, U.S. nicotine-analog supply-chain documentation and FDA premarket application status.
Regulations
Oct.08
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
NAS 2026 | FDA CTP Director Says PMTA Pathway Is “Predicated on Tobacco Harm Reduction”
At the 2026 New Approaches Summit in New York, FDA Center for Tobacco Products Director Bret Koplow said the PMTA pathway is “predicated on tobacco harm reduction.” He outlined four CTP priorities: youth prevention, helping adults quit or switch to lower-risk products, improving relative-risk communication, and reducing unauthorized products. Koplow also addressed flavored e-cigarettes, public risk perceptions, industry credibility and efforts to make PMTA reviews more efficient and predictable.
Sep.26
Juul Sublicense Reshapes Vuse Alto Patent Bill as Court Ends R.J. Reynolds’ 5.25% Royalty Obligation to Altria
Juul Sublicense Reshapes Vuse Alto Patent Bill as Court Ends R.J. Reynolds’ 5.25% Royalty Obligation to Altria
According to Law360 on August 31, 2026, a federal judge in North Carolina ruled that a patent sublicense between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to continue paying royalties to Altria Client Services LLC over Vuse Alto. A jury had previously found that Vuse Alto infringed three Altria patents and awarded approximately $95.2 million in past damages, after which Reynolds was ordered to pay an ongoing royalty equal to 5.25% of positive net sales. The new ruling finds that a valid sublicense can eliminate future infringement, potentially ending what Altria described as hundreds of millions of dollars in future royalties.
Sep.01
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia Liquid Nicotine Returns to Poisons List, Leaving Vape Retail and RM354 Million Tax Collection in Legal Uncertainty
Malaysia’s withdrawal of its appeal in a landmark liquid-nicotine case has left a High Court ruling that struck down the 2023 nicotine exemption in force, bringing liquid and gel nicotine used in vaping products back under the Poisons Act 1952. At the same time, the Control of Smoking Products for Public Health Act 2024 continues to provide a regulatory framework for vaping products, creating uncertainty over retail sales, taxation and existing inventory. MPs are calling for nicotine vape sales and excise collection to stop, including refunds of more than RM354 million collected since 2023, while industry and consumer groups are asking the government to clarify the current legal position.
Sep.04