Up to one in three vapes sold on the high street could be illegal, Trading Standards has warned.
Rogue e-cigarettes have flooded the UK market, with 1.4 tonnes seized in the North East of England alone in the last six months of 2022.
Current regulations allow vape tanks to have a capacity of no more than 2ml and a nicotine level of no more than 20mg/ml.
E-cigs – which campaigners say are purposely aimed at children – must also follow regulations regarding labels, displaying manufacturer details such as a list of ingredients and relevant health warnings.
Any vape with content exceeding these amounts is illegal and should not be sold to the public, regulators say.
Up to one in three vape products sold on the high street may be illegal
1.4 tonnes seized in the last six months of 2022 in the North East of England alone
An Edgware Road shop sells many types of e-cigarettes in pastel and bright colours
It is also illegal to sell vape products that do not meet labeling requirements, even if the contents are within legal limits.
Test purchases, which allow trading standards officials to ensure retailers are complying with the law regarding age-restricted products, has suggested that around one in three vape products may be non-compliant and therefore illegal.
This could be because the products contain the wrong health warning, the wrong tank size, contain a higher concentration of nicotine, CBD or incorrect labeling.
Some stores sell devices more than five times the legal size, allowing users to use up to 3,500 puffs of e-liquid instead of the legal limit of between 600 and 800.
Better Retailing, a news provider for independent convenience stores, reported that disposable vape sales in the UK exceed 138 million a year.
This suggests that more than 45 million non-conforming products are sold each year.
Trading Standards is now calling for clearer guidance from the government and for manufacturers to publish batch numbers of non-compliant products so retailers know what they shouldn’t be selling.
Despite warning signs on the products, the bright colors could suggest from afar that they are sweets
Regulations specify vape tanks with a capacity of no more than 2ml and a nicotine strength of no more than 20mg/ml
Unlike tobacco, the gadgets don’t need to be hidden behind shutters
Some stores sell devices more than five times the legal size, giving users up to 3,500 puffs of e-liquid instead of the legal limit of between 600 and 800
Some even have cartoon characters in the vape products, like this one called Cush Man
Almost every high street now has a designated vape shop, with e-cigarettes selling for as little as £5
They also advocate stricter sanctions for producers, suppliers and retailers who do not comply with the law.
Chartered Trading Standards Institute spokesman Duncan Stephenson said: “Trading Standards teams across the country are concerned and overwhelmed by the number of non-compliant products currently on the market.
“This includes products that don’t comply with regulations because they aren’t properly labeled, may have a higher nicotine content, or are vaping too much.
“While the vast majority of non-compliances do not pose a threat to public health and safety, they do not meet the standards for the products set out in the law.
“Trading Standards’ job is to enforce the law and also to help advise companies to remove non-compliant products from sale.
“However, the sheer magnitude of the non-compliant products out there is such that we urge the government to reconsider what can be done to deter unscrupulous retailers and suppliers from marketing these products.
“It is time to consider tougher penalties for companies that break the law, and whether the sale of these products should be restricted to registered retailers.”
Trading standards are also increasingly concerned about the number of these vape products being sold to people under the age of 18.
Despite it being illegal to sell e-cigarettes to under-18s, one in ten high school students is now a regular user.
Almost every high street now has a designated vape shop, with e-cigarettes selling for as little as £5.
Trading standards are also increasingly concerned about the number of these vape products being sold to those under 18 (file photo)
NHS Digital, which last year surveyed nearly 10,000 students aged 11 to 15 about their smoking, drug and drinking habits, found that nine per cent are currently vaping – the highest recorded rate since the survey began in 2014
However, unlike tobacco, the gadgets don’t have to be hidden behind shutters.
Gadgets are often sold in trendy colors and with kid-friendly names and flavors, such as bubble gum and strawberry milkshake.
The marketing of the devices has been compared to that of alcopops.
But while health chiefs insist it’s safer than smoking, it’s not without risks.
E-cigarettes still contain harmful toxins, according to a study by researchers at the Medical University of Silesia in Poland.
Despite health chiefs insisting it’s safer than smoking, it’s not without risks, as e-cigarettes still contain harmful toxins, according to a study from the Medical University of Silesia
Their long-term effect on health remains a mystery, and doctors fear a wave of lung disease and even cancer in the coming decades.
Experts also fear that the high nicotine content could raise blood pressure and cause other heart problems.
Campaigners have called for vapes to be fitted with cigarette-style graphic warnings – which have been a mainstay of tobacco products in the UK since 2008 – to deter young people from taking up the habit.