Scottish Government Considers Five-Figure Fine for Disposable E-cigarette Retailers

According to Betterretailing on April 2nd, the Scottish government is conducting a six-week public consultation on disposable e-cigarettes. The proposed regulations suggest that after the ban comes into effect on April 1, 2025, retailers selling disposable e-cigarettes may face fines of up to five levels, equivalent to £5,000 to £10,000.

This is different from England, where the first-time fine for a violation of the commercial practices law is 200 pounds. If the fine is paid within 28 days, the amount owed can be reduced to 100 pounds.

These regulations further clarify the definition of disposable e-cigarettes and set fines for businesses that continue to sell or supply disposable e-cigarettes after the ban is implemented. This ban is overseen by Scotland's independent regulatory authority and shares similarities with regulations in England.

The Scottish government has provided a detailed explanation of its definition of disposable e-cigarettes for the first time. According to this definition, disposable e-cigarettes are designed for single use only, with no option for refilling or replacing the disposable cartridge. Additionally, the battery and coil of disposable e-cigarettes cannot be replaced or recharged.

During the negotiations, a £30 million enforcement budget was mentioned, with the Scottish government stating that they will provide additional funding to HMRC and the Border Force to "support enforcement in Scotland.

ACS chief executive officer James Lowman stated:

The ban on disposable e-cigarettes will greatly impact black market dealers who sell illegal products to meet the demand of a quarter of e-cigarette users. We support the Scottish government's decision to heavily penalize these actions, but the £30 million execution budget seems insufficient for regulating all of the UK's customs, tax, and border departments.

If the UK government wants to support responsible retailers and remove illegal products from the streets, it needs to provide more local law enforcement funding and set harsh sanctions for those committing such crimes.

Simultaneously with the implementation of this consultation, crackdown on retailers not offering e-cigarette recycling services in stores has begun. In early 2024, e-cigarettes were removed from the WEEE distributor take-back scheme (phase 7), meaning any retailer selling any quantity of e-cigarettes will need to provide one-to-one recycling services.

In response to the issue, the ACS has provided relevant advice to help businesses provide recycling services.