BAT Warns of Illegal Content in Non-major E-cig Brands

British American Tobacco (BAT) has released a test report to wholesalers stating that almost all major disposable e-cigarette brands produced by non-large tobacco manufacturers contain illegal levels of e-liquid.

betterRetailing has obtained a nearly 50-page product testing data report and a letter sent by BAT to wholesale distributors. In the letter, BAT urged the distributors to stop selling products that allegedly do not comply with the 2ml e-cigarette oil limit. Many of the distributors of the brands mentioned in the letter have denied these allegations.

Frederick Svenson | Source: LinkedIn profile page

The General Manager of BAT UK, Fredrik Svensson, has announced in a letter to wholesalers that the company has commissioned an independently accredited laboratory to conduct tests on the Elf Bar 600 product. These products were purchased from supermarkets and independent retailers between September 6, 2021, and March 7, 2023.

Evidence reveals that the tested product "exceeds the legal limit of 2 milliliters of nicotine oil, ranging from 2.76 milliliters to 3.88 milliliters, with an average of 58% over the limit.

The laboratory also tested Lost Mary, Found Mary, IVG Bar, Klik Klak, SKE Crystal, Smok Mbar Pro, and Solo disposable electronic cigarettes. The test results for all of these brands showed that the e-cigarette oil content did not comply with UK regulations.

The brands mentioned above dominate almost all of the sales and market share for disposable e-cigarettes in independent stores throughout the UK.

In a letter, BAT urged its trade partners to ensure that they are not supplying products that do not comply with regulations. The company emphasized the need for urgent review of their inventory, especially of products that did not comply with the Tobacco and Related Products Regulations, which BAT had tested. As a responsible trade partner, the company believes that appropriate steps are being taken to address these issues.

BetterRetailing has not seen any evidence from regulatory authorities to support claims that these products violate the 2ml restriction. Many distributors of the brands mentioned in the BAT report have anonymously stated that they have recent test evidence proving that their products comply with UK law, and have suggested that the batches tested by BAT may be old stock.

In addition, Mihai Lambert of SKE Vape stated that the test results for the SKE Crystal series do not represent their actual products. He claims that during a previous collaboration with a Chinese company, "our information was stolen", and they will be discussing compensation for their damaged reputation with that company.

A letter from BAT stated that a significant number of non-compliant Elf Bar 600 products were tested on and after February 10th. On February 6th, a report by the Daily Mail in the UK revealed that some Elf Bar 600 products sold in supermarkets were in violation of legal e-cigarette liquid requirements, leading to regulatory measures and recalls.

Swenson continued writing, "The rapid spread of illicit e-cigarette products has eroded the trust and credibility established with regulatory bodies and consumers. We need to work together to address the risks and ensure the opportunity for a fully transformed UK market is realized.

BAT has announced that the test results have been shared with the Medicines and Healthcare products Regulatory Agency (MHRA) in the UK. A trading standards source has informed betterRetailing that BAT has sent "different letters" to "all local governments". The source also stated that copies of the research results have been sent to local business standards agencies.

Executives from wholesale distributors have welcomed efforts by BAT to "clean up" the disposable e-cigarette market, but have also questioned the statements made by BAT. They claim they will remain cautious until independent testing and regulatory guidance are established.

These sources have also claimed that if regulatory enforcement is directed towards their competitors, the market share of BAT in the disposable e-cigarette market may skyrocket.

A spokesperson for BAT has stated that their UK-based company routinely tests their entire range of publicly sold e-cigarette products through accredited, independent laboratories as part of their standard competition and trend analysis procedures. When clear compliance issues are discovered, they believe it is beneficial to share these independently verified evidence with their business partners, regulatory authorities, and law enforcement agencies. They are committed to creating a better future by minimizing their business's impact on health.

The statement continues, "As one of the leading electronic cigarette product manufacturers in the market, BAT UK is committed to ensuring a fair, sustainable and socially responsible market environment. Electronic cigarettes provide adult smokers with a genuine and effective smoking cessation alternative. However, only when consumers trust this product category can the transition to these alternatives be truly achieved. It is worrying that the widespread availability of illegal electronic cigarette products in the UK will only slow down the rate at which adult smokers choose electronic cigarettes as replacements, hindering the UK government's goal of achieving smoke-free status by 2030. Therefore, it is crucially important for all responsible retailers and manufacturers to only provide and sell products that comply with legal regulations, and the sustainability of the electronic cigarette product category should be their top priority.

BetterRetailing has been in contact with electronic cigarette manufacturers mentioned by BAT to seek their opinions.