Breaching the Law: UK Retailer Fined for Selling to Minors

According to The Telegraph and Argus on July 15th, earlier this month, Denis Andrukianiec, a director of British retailer Damian Grocers Limited, failed to appear at Bradford Magistrates' Court to respond to charges against his company Damian Food for selling disposable e-cigarettes to minors.

In his absence, the court found that Damin Grocers Limited had violated the 2015 Nicotine Inhalation Products (Minimum Age for Sale and Proxy Purchasing) Regulation and the 2014 Children and Families Act. The judge fined the company £2,000 and ordered them to pay an additional £800 in victim surcharge and £2,658 in legal costs, totaling £5,458.

The judge also fined him £1,000 and ordered him to pay an additional £400 in victim surcharge fees, totaling £1,400. The case was initiated by the West Yorkshire Trading Standards Department following a public complaint alleging that the company had sold e-cigarettes to minors.

In August 2023, under the supervision of trade standards officials, a 13-year-old volunteer entered the store and attempted to purchase an e-cigarette. The seller sold a nicotine-containing Crystal PRO-MAX 4000+ Mr Blue disposable e-cigarette for £10 without questioning or asking for ID to verify the volunteer's age of over 18 years.

Selling e-cigarettes containing nicotine to individuals under the age of 18 is illegal. Furthermore, the specific e-cigarette mentioned is also illegal as it exceeds the regulations by containing more than 2 milliliters or 600 puffs of capacity.

The Head of the Trade Standards Department, David Strover, stated that...

Selling e-cigarettes to children should not be happening in our community. We have written to the company to inform them of the complaints we have received and to let them know that test purchases may be conducted.

E-cigarettes are adult products designed for adult smokers looking to quit. Selling e-cigarettes to children is unacceptable. Retailers need to ensure they have systems in place to prevent the sale of e-cigarettes to minors and train their staff accordingly.

The Deputy Chair of the West Yorkshire Joint Services Committee, Sue Duffy, stated that

Failing to check the age of adolescent customers who wish to purchase restricted products is clearly irresponsible. Trade standards staff regularly conduct test purchases to ensure stores are compliant with e-cigarette laws. Simply requiring identification and verifying the age of young customers will help reduce underage e-cigarette use.