Resource strains and regulatory challenges: UK authorities tackle illegal e-cigarette trade at IBVTA 24

Oct.22.2024
The Independent British Vape Trade Association (IBVTA) held its 24th Forum in Birmingham, UK, focusing on the regulatory challenges facing the industry.

The Independent British Vape Trade Association (IBVTA) held its 24th Annual Forum (IBVTA 24) at the Birmingham Conference Centre on 22 October. The forum focused on the regulatory challenges facing the e-cigarette industry and the responses of enforcement agencies, and attracted industry experts, policy makers and representatives from regulatory and enforcement agencies from around the world. 

 

Among them was Marsha Bell from Salford City Council's Trading Standards Department in the UK, who shared her experiences and insights in tackling illegal e-cigarette activity, highlighting resource constraints and enforcement difficulties. As a member of the audience, 2Firsts has summarised her key points.

 

 

Inadequate government enforcement resources become a bottleneck

 

 

In her speech, Bell specifically mentioned that local authorities face a significant bottleneck in dealing with the rapid expansion of the e-cigarette market due to limited resources. She cited two specific local cases:

 

1. Salford City Council (SCC) almost refused to deal with a case involving over 60,000 illegal e-cigarettes due to a lack of resources. Although the Immigration Service and police had acted on intelligence and identified breaches of immigration law, limited resources made it difficult to take the case forward.

2. SCC, in conjunction with another local authority, executed a search warrant and seized over 31,000 non-compliant disposable e-cigarettes. These products were stored at counterfeit outlets, further exacerbating supply chain issues.

 

Bell pointed out that local authorities are required to enforce up to 300 regulations relating to e-cigarettes, which are often complex and time-consuming. For example, some products may appear compliant on the surface but do not meet the original intent of the regulations, particularly in terms of youth protection. In addition, inconsistent enforcement attitudes among local authorities increase regulatory uncertainty.

 

Resource strains and regulatory challenges: UK authorities tackle illegal e-cigarette trade at IBVTA 24
On-site photos | Image source: 2Firsts

 

Bell also mentioned that law enforcement agencies face difficulties in storing and handling large quantities of non-compliant products after seizures. As the demand for illegal e-cigarettes continues, the number of seized products continues to increase. However, local authorities often lack the space and resources to store these items. In addition, the high demand for non-compliant e-cigarettes among teenagers has further exacerbated the market chaos. She also stressed that inconsistencies in the information provided by the e-cigarette industry and confusing labelling also pose significant challenges to enforcement efforts. 

 

 

Positive law enforcement actions and outcomes.

 

 

Despite facing various challenges, Bell shared multiple successful law enforcement cases, showcasing positive outcomes. For example, SCC investigated a company selling non-compliant e-cigarettes and seized over 3,000 illegal products. After receiving a warning, the company voluntarily surrendered the goods and no further violations were found in subsequent inspections. This action not only protected consumer rights but also established a fair competitive market environment for businesses.

 

Resource strains and regulatory challenges: UK authorities tackle illegal e-cigarette trade at IBVTA 24
On-site photos | Photo source: 2Firsts

 

She explained that simply reporting the presence of non-compliant product sales in a certain area is not very helpful for law enforcement. She suggested that the public provide specific information about businesses, while also reminding everyone that law enforcement agencies are governed by the Regulation of Investigatory Powers Act 2000 (RIPA) and cannot engage in entrapment or other illegal methods.

 

She also pointed out that the investigation process often takes a long time, and due to the confidentiality of the case, no information can be disclosed publicly until it is resolved. Therefore, she urged the public to understand the complexity of the law enforcement process and not assume that no action has been taken just because there have been no public reports.

 

 

Joseph's actions have had a notable impact.

 

 

During the forum, Bell also presented the results of the "Joseph Operation" launched in April 2023. This operation, led by Trading Standards in the UK, aims to combat the increasingly serious issue of illegal e-cigarette sales and the opportunities for minors to access e-cigarette products.

 

Significant progress has been made in cracking down on the illegal sale and supply of e-cigarettes. Since the initiative began, over 1.45 million illegal e-cigarettes have been seized through more than 4,000 separate operations by the end of June 2024. Additionally, test purchases by minors have revealed a 25% success rate in purchasing e-cigarettes, exposing a loophole in the market.

 

Resource strains and regulatory challenges: UK authorities tackle illegal e-cigarette trade at IBVTA 24
On-site photos | Image source: 2Firsts

 

Bell emphasized that inspections at borders and ports are equally crucial. In the first half of 2024, nearly 900,000 illegal e-cigarettes were seized at ports and borders through 46 interventions, effectively preventing these products from entering the UK market.

 

 

The new type of e-cigarette products pose a major challenge for regulation.

 

 

Bell stated that there are still several issues with the enforcement of e-cigarette regulations in the future in the UK.

 

First and foremost, the emergence of new e-cigarette products has become a major challenge for regulation. For example, products such as "2+10" milliliter e-cigarette devices and "twisting pods" have quickly taken over the market, with these innovations posing compliance issues despite technically meeting certain regulations. These types of products may be pushing the boundaries of existing regulations, forcing regulatory agencies to adjust their strategies to address these changes.

 

Resource strains and regulatory challenges: UK authorities tackle illegal e-cigarette trade at IBVTA 24
On-site photo | Image credit: 2Firsts

 

Furthermore, the strain on enforcement resources and criticism are also one of the focal points of discussion. Currently, local trading standards authorities in the UK are facing immense pressure in enforcing e-cigarette regulations. Due to laws not mandating local authorities to enforce all laws related to Nicotine Inhalation Products (NIP), enforcement agencies primarily rely on intelligence and prioritization to determine their enforcement focus. However, this resource strain has led to criticism of enforcement work in certain areas, especially when dealing with the rapid circulation of illegal products.

 

Another major issue is that the funding for the Joseph operation is set to expire. The Joseph operation is a nationwide enforcement action aimed at combating illegal e-cigarette products, and significant progress has been made under this operation. However, with the funding for this operation nearing its end, the future of enforcement support has become uncertain. Without further financial support, the current successes in combating illegal products may gradually lose sustainability, and the illegal e-cigarette market could potentially resurge.

 

Finally, the uncertainty surrounding the new regulations is also a common issue faced by both the industry and regulatory authorities. With the rapidly evolving e-cigarette market, new legislation may have varying degrees of impact.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
Senate Democrat Wyden Probes Trump Administration Vape Policy Shift, Seeks Records From HHS and Reynolds American
U.S. Senator Ron Wyden, the Democratic ranking member of the Senate Finance Committee, has launched an investigation into flavored vape policy changes and requested records from the Department of Health and Human Services (HHS), Reynolds American and Botanic Tonics. The investigation focuses on a timeline involving Reynolds American’s $5 million donation to MAGA Inc. in April 2026 and subsequent vape policy developments. Wyden said the review aims to examine potential links between political donations, corporate communications and government decisions. The investigation does not represent a finding of wrongdoing.
Innovation
Aug.07 by 2Firsts Perspectives
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
JT Plans ¥800 Billion Investment in Heated Tobacco Over Three Years, Betting on Ploom as Second Growth Engine
Japan Tobacco Inc. (JT) CEO Takehiko Tsutsui said the company plans to invest about ¥800 billion (approximately US$5.4 billion) in heated tobacco products over three years through 2028, aiming to establish Ploom as a second growth engine after combustible cigarettes. Tsutsui said Ploom AURA helped JT increase its share of Japan’s heated tobacco market to 15.8% in the first quarter of 2026. Ploom products are now available in 29 markets, with Ploom AURA sold in 25 markets including Japan. JT also plans to continue its cigarette business while positioning its food operations, particularly frozen noodle products in North America, as another growth opportunity.
Jul.23
BAT’s Velo Study Finds 61% of Nicotine Users Feel More Comfortable Expressing Themselves When Others Do the Same
BAT’s Velo Study Finds 61% of Nicotine Users Feel More Comfortable Expressing Themselves When Others Do the Same
British American Tobacco’s (BAT) nicotine pouch brand Velo has released a global consumer study and launched its “Echoes of Tomorrowland” campaign with electronic music festival brand Tomorrowland. The research surveyed 2,009 nicotine users across the UK, Spain, Pakistan, Poland and Austria. Velo said 61% of respondents feel more comfortable expressing themselves when they see others doing the same, while 39% said building meaningful connections becomes harder with age. The campaign reflects how nicotine pouch brands are increasingly using music, communities and lifestyle marketing to build consumer engagement.
Aug.10
WIRED Investigation: Chinese-Made Vapes Turn to 6-Methyl-Nicotine and Other Analogs, Challenging U.S. Regulation
WIRED Investigation: Chinese-Made Vapes Turn to 6-Methyl-Nicotine and Other Analogs, Challenging U.S. Regulation
U.S. technology and investigative publication WIRED has examined how nicotine analogs are emerging as a new challenge for the country’s vape regulatory framework. The article argues that after the U.S. expanded federal oversight of nicotine products in 2022, some manufacturers began using nicotine-like compounds such as 6-methyl-nicotine that may fall outside existing definitions. Researchers cited by WIRED said some nicotine analogs could be more potent than traditional nicotine, although human health impacts remain unclear. U.S. policymakers are considering broader definitions of nicotine to bring these compounds under federal oversight.
Jul.27
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s New Vape Rules Raise Bar for E-Liquid Makers and China-Linked Supply Chains, Expert Says
South Korea’s new vape regulations are reshaping the e-liquid market, raising compliance requirements for manufacturers, retailers and overseas suppliers. In an interview with 2Firsts, Korean nicotine products specialist Sam Kim discusses licensing barriers, inventory impacts, China-linked supply chains, and emerging regulatory challenges around nicotine analogues, nicotine-free products and DIY mixing. The Korean case may offer broader insights as governments worldwide adapt to rapidly evolving nicotine products.
Jul.16
Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
Reuters Tracks Big Tobacco’s Shift Beyond Cigarettes as Nicotine Pouches Vie for the Next Growth Curve
As cigarette markets face long-term pressure, major tobacco companies are increasingly turning to nicotine pouches in search of growth beyond combustible tobacco. Reuters has examined whether nicotine pouches can become the next strategic growth platform for companies including Philip Morris International, British American Tobacco and Japan Tobacco. PMI strengthened its position through the acquisition of Swedish Match and its ZYN brand, while BAT and JTI continue expanding their own nicotine pouch portfolios. The category has gained attention because of its smoke-free, device-free format, but regulation, youth-use concerns and market scale will determine whether it can become a long-term growth engine.
Regulations
Aug.18 by 2Firsts Perspectives