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

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.

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.

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.

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.

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.