The Intersection of Regulation, Consumer Behavior and E-Cigarette Waste

Electronic waste is an unintended consequence of the electronic nicotine delivery system (ENDS) revolution, and it has the potential to undermine public health innovations. This conversation explores the intersection of regulatory policies, consumer behavior, and the e-cigarette product industry, with the aim of charting a sustainable path forward.

In the following discussion, John Dunne of the UK Vaping Industry Association (UKVIA) presented the perspective of the electronic cigarette industry.

Pieter Vorster shared expert insights on the transformation of the global tobacco and nicotine industry.

Nicotine expert and health technology entrepreneur Sudhanshu Patwardhan (Sud) has proposed an expanded definition and scope for tobacco harm reduction (THR).

Patwardhan stated that in regulated countries such as the UK and EU, e-cigarettes are classified as waste electrical and electronic equipment (WEEE). Ideally, consumers in these countries should dispose of e-cigarettes at home recycling centers or at the store where they purchased the device, and manufacturers are required to provide recycling options. However, many consumers are unaware that disposable e-cigarettes can or should be recycled. Improper disposal of these items could potentially release plastic, electronic, and hazardous chemical waste into the environment and pose a fire hazard. How big of a problem is this, and does the industry have any sales and recycling comparison data available?

Dunne revealed that in the UK, approximately 459 million various types of electronic cigarettes are purchased each year, with 168 million, or 37% being single-use e-cigarettes. Around 43% of all e-cigarettes purchased are recycled, though this number may be significantly lower for single-use products.

When consumers purchase new electronic cigarettes, 23% of the devices are collected for recycling in-store, while 20% are collected for recycling at local government centers.

At first glance, the 43% recycling rate for e-cigarettes seems relatively good compared to the UK's 31.2% for disposed electrical and electronic devices in 2021. However, the relatively short lifespan of e-cigarette products means that they generate more waste.

Translation: Patwardhan expressed pleasure upon receiving the information. It is evident that there is still a gap between consumer behavior and the impact of e-cigarettes on the environment. Pieter, do you know of any good examples that industry players can refer to?

Woster explained that the three tobacco companies in the UK - BAT (Vuse Bar), Imperial (Blu Bar), and PMI (VEEBA) - who sell disposable e-cigarette products, advise customers not to dispose of them in household waste and instead offer free return services on their websites. This information is displayed on the product pages of these goods and is also provided in the packaging, which customers who do not purchase online need to read.

They were informed that the product should not be disposed of in household waste, but rather collected separately for recycling and reuse. The packaging insert also directs users to the manufacturer's website to learn more about their recycling program. However, it remains to be discussed whether consumers have actually read these inserts.

Independent brands in the UK are also stepping up their efforts to address the issue. Riot Bar and Blo Bar have launched comprehensive recycling programs, with Blo offering customers a free Blo Bar visit for every 10 disposable e-cigarettes of any brand returned for recycling. Additionally, most online retailers in the UK offer advice on how to properly dispose of and recycle e-cigarettes. The country's largest e-cigarette retailer, VPZ, has also announced that it will roll out a comprehensive recycling program in its stores by the end of March.

Patwardhan raises the question of whether manufacturers are truly providing consumers with recycling options, and if consumers are aware of these choices. It may be necessary for key players in the supply chain, including manufacturers and wider regulatory bodies, to educate users on their options. Should regulatory bodies intervene, or is action required from the industry itself? Perhaps both options are necessary, along with other solutions.

Dunne explains that the process of recycling e-cigarettes is not a straightforward one, as it requires cooperation between e-cigarette users, retailers, manufacturers, regulatory bodies, and waste management companies. These companies are involved in producer compliance schemes under current Waste Electrical and Electronic Equipment regulations (WEEE). The e-cigarette industry is in communication with the UK's Department for Environment, Food and Rural Affairs (DEFRA) and the Office for Product Safety and Standards, and is calling for innovation within the industry to facilitate easier product recycling.

Patwardhan discussed an initiative that involves various stakeholders and is on the brink of another "VApril," which is a yearly event in the United Kingdom that highlights electronic cigarettes as a means of quitting smoking. The UK's health departments and charities have released a series of publications, including the 2016 Royal College of Physicians' "Nicotine without Smoke" report which identified e-cigarettes as a potentially helpful tool in smoking cessation. Given the current prevalence of adult smokers, e-cigarettes' tobacco harm reduction (THR) function is undoubtedly significant. However, the emergence of concerns regarding the environmental harm caused by disposable e-cigarettes presents unique challenges for public health and policy officials, doesn't it, Pieter?

Woster: That's right, Sud. Up to this point, those who oppose reducing tobacco harm have often relied on flawed science, which is unlikely to withstand rigorous evaluation, as demonstrated by the large number of retractions in recent years. On the other hand, the science related to the potential environmental and health risks of poorly handled reduced risk products is not subject to the same restrictions. In addition, there is a larger and more influential group of advocates who appeal emotionally to the depiction of "environmental harm" associated with these products. This could undermine the public health argument for tobacco harm reduction (THR). In other words, for those opposed to THR, it represents a useful weapon.

Patwardhan said, "I can see that there have been recent developments in Scotland where an environmental activist has emphasized the issue of e-cigarette litter. Additionally, a large UK supermarket chain has decided to stop selling disposable e-cigarettes which indicates a shift in public perception and attitude towards this product.

This narrative seems to be building an argument that disposable electronic cigarettes are harmful to the environment and therefore a failed venture. There is also a rumor that the users of disposable smoking devices are a younger demographic, potentially including underage individuals and those who have never smoked before. If true, this is certainly a problem that needs to be addressed through enhanced regulation, particularly in terms of preventing youth use, implementing mandatory recycling and refund programs, right?

Preventing the sale of electronic cigarettes to minors is one of the fundamental challenges facing the industry, according to Dunne. The group's members are united in their support for this goal. Recently, they updated their "Preventing Sales to Minors Guide," which provides retailers with all the information they need to avoid inadvertently selling to those under 18. However, government, regulatory agencies, and law enforcement support is needed to ensure that unscrupulous retailers who deliberately market to young people face comprehensive legal sanctions.

We believe it is necessary to increase fines for illicit traders, issue licenses for e-cigarette retailers, and establish a national mystery shopping program (usually involving employers hiring individuals as "secret shoppers" to experience a business's products or services and report back on their experiences and observations). In fact, the UKVIA's Youth Access Prevention Working Group will be presenting these recommendations to regulatory authorities later this month. In regards to e-waste, the industry also recognizes its environmental responsibility and we are currently working with regulatory authorities, waste management experts, product manufacturers, and retailers to find feasible solutions.

Patwardhan said this is a fascinating discussion that has revealed the immense potential for positive public health impacts from innovative nicotine products in the 21st century. However, this potential has been hampered by a critical intersection in global public policy, namely sustainability and the environment. The solution may lie in responsible practices from industry and retailers, better regulation and enforcement, as well as consumer adoption of electronic waste management solutions instead of prohibition. In fact, all stakeholders including industry, regulators, public health officials and consumers need to embrace positive electronic waste management as another opportunity to mitigate the harms from tobacco and nicotine product transitions and maximize the social benefits of changes in consumer behavior.