Concerns raised over illegal e-cigarette products in UK

Oct.18.2022
Concerns raised over illegal e-cigarette products in UK
Retailers demand more information on e-cigarettes due to the rise of illegal trade and the need for customer education.

As part of the Responsibility Retail Week by ConvenienceStore.co, attendees at a roundtable meeting with top retailers and representatives from JTI expressed the need for more information on e-cigarette categories due to the increase in illegal trade, for the benefit of both themselves and their customers.


Retailers involved report that they frequently receive e-cigarettes products that fail to meet UK legal requirements. One shop owner stated that they are asked to purchase illegal products on a weekly basis, while another shop owner offers such products nearly every day.


Some retailers say they have a responsibility to educate consumers about what is legal and illegal in the category. "We receive a lot of queries from customers asking if we sell electronic cigarettes with 3,500 puffs, and we have to explain to them that they are illegal. We know that other places in the area do it, but we refuse to sell any illegal items. Every electronic cigarette product I purchase has an invoice and is above board, but you see many people taking them out of trucks and exchanging them for cash.


Representatives from some retailers agreed that education is vital for this product category. "When someone comes into our store and asks to buy more e-cigarettes, we have a responsibility to explain to them that it is illegal. Some customers really don't realize that it's illegal in the UK, and they need better education.


Sasi Patel, a retailer for Go Local Extra, has stated that the market is saturated with illegal products and measures need to be taken. "Currently, illegal stock in the e-cigarette industry could be more prevalent than legitimate stock. The UK Vaping Industry Association (UKVIA) requires a license to sell their products, and I fully support this, as it will clearly define who follows the rules and who does not," he said. He added that lack of impact on the store's license is another factor if they are found to be selling illegal e-cigarette products. "Even if Trading Standards raid your store, they are likely to only take away your stock, and that's it. It won't affect your license." Sasi also mentioned that he has been hesitant to report illegal e-cigarette products being sold in his area due to the time it takes and a lack of action from his local Trading Standards team.


Trudy Davies of Woosnam&Davies News has expressed disappointment in the lack of action, particularly while the trading standards team is reviewing her business. "I have regularly reported illegal trading, but it seems like nothing has been done. I will see shops raided and then reopened two weeks later with a new owner, but they are still selling illegal products. Meanwhile, when there are trading standards in my store, they tell me I cannot use the term 'Cornish pasty' because my pasties are not made in Cornwall!


Despite her business coming under attack, Trudy still advocates for more access. "I understand that regulatory standards are busy, but it's disappointing if this isn't their top priority instead of a 15-year-old potentially vaping," she said. She also calls for more sales material to help customers understand legislation regarding e-cigarettes and what is compliant.


The retailers also pointed out some flavors and categories used by certain brands that appeal to underage users.


I've seen a lot of kids in school uniforms using electronic cigarettes, even though they haven't purchased them at our store. But the popularity of e-cigarettes among this age group is increasing, and I think one of the big problems is the flavors," Nishi said. "They can buy flavors like pink lemonade and cola that appeal to that age group." Trudy responded to this viewpoint: "There are too many flavors now and they can almost be collected at this stage. They don't even look like e-cigarette pens, they look more like highlighters that students can put in their pencil cases. Teachers might not even notice.


Nishi added that there are significant differences among committees regarding responsible retail. "The London Borough where my store is located promotes Challenge 25, while the Dacorum Borough did not provide us with any information regarding underage sales. They are worlds apart in terms of support. Although illegal cigarettes have been to some extent replaced by electronic cigarettes, Nishi stated that his store can still purchase products. "We have never touched them, you could lose your reputation by selling a pack of gay for 2 pounds - it's not worth it.


Nishi added that some retailers may be tempted to go down an illicit route, especially with rising business costs. "Many shops are facing difficulties - prices of everything are going up, and they may see illegal sales as a way to make ends meet" he said. He warned that if the government realizes this could be a source of income, they may increase regulation. "Currently, the government does not tax e-cigarettes like they do with tobacco, but they will eventually start. They will realize they can make a lot of money from e-cigarette use, and then red tape will appear, and they will invest more funds into law enforcement.


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