Retailers in the borough could face court action if they do not comply with a national ban on disposable vapes coming into force soon.

From Sunday 1 June, it will be illegal for businesses to sell all disposable, single-use vapes or have them in their possession. Businesses found with these items could face an unlimited fine, up to 2 years in prison, or both. Ealing Council’s trading standards team is working to help businesses prepare for this change in law.

Trading standards officers will be discussing the ban with retailers, especially those who have shops close to schools, as part of an upcoming programme of advisory visits. Officers will also be reminding them of the laws on underage sales and non-compliant tobacco products.

Retailers to get ready

The law applies to high street businesses, online stores, manufacturers, wholesalers, distributors, and importers.

Retailers who breach the regulations may face their stock being seized by the trading standards team and an investigation which may result in civil sanctions – from fines and enforcement notices to prosecutions. They can continue selling or supplying reusable vapes, which must be both refillable and rechargeable. 

In preparation, retailers who sell vapes are encouraged to prepare for these changes in advance by doing the following to ensure they are complying with the law:

• stop buying new stock of disposable vapes
• sell all existing stock of disposable vapes
• only buy vapes to sell that follow the new regulations

From 1 June, if a retailer has any remaining stock, they should separate it from other goods, label them as not for sale, and remove it from the shopfloor or online store until it has been collected using a registered vape recycling service.

Why are they being banned?

Vapes are not always recycled properly and often end up in landfill or pollute natural environments.

The change in the law is aimed at protecting critical natural resources, such as lithium, which are used to make these products, and is often binned after use. This can cause harm to the environment if not discarded properly.

While vaping is believed to be a useful tool to help stop smoking and is less harmful than cigarettes, there is also a concern that it provides a gateway into vaping for children and young people.

‘Reducing the appeal of vapes’

Councillor Kamaljit Nagpal, the council’s cabinet member for decent living incomes said: “Disposable vapes are often discarded as litter or thrown into the bin instead of being properly recycled. This introduces harmful substances to our environment. Discarded disposable vapes can also pose a fire risk.

“The number of children that vape is rising, with disposable vapes usually their product of choice. The upcoming ban will not only help protect the environment but also reduce the appeal of vapes to children. I encourage retailers to act now and make sure their businesses comply with the law in advance of the ban coming into effect.”

Read more information and guidance on the ban by visiting the government website.