10 hours ago
EXCLUSIVE Moment vape shop boss in Wes Streeting's constituency ridicules disposables ban during undercover probe
A crackdown on disposable vapes has been branded a 'total farce' as shops in the Health Secretary's own constituency were found still selling the throwaway devices.
Investigators were able to buy a pile of contraband in under 20 minutes in Wes Streeting 's Ilford North stronghold, with hundreds of products marked 'disposable' openly displayed and advertised in shop windows.
Seven businesses in one street casually advertised and sold the illicit vapes, despite a ban introduced on June 1.
Few acknowledged there was any change in the law, with just two out of 20 retailers tested across London turning investigators away.
Shopkeepers face a £200 fine if caught selling the one-use devices which have been blamed for a rise in youth vaping and piles of discarded devices on the streets.
But there was seemed little sign of Trading Standards teams being allocated to enforcing the ban, nor that products had been hidden or removed from shelves, campaigners carrying out their own new survey say.
Under the new law, the only permitted devices are those considered reusable - with a rechargeable battery and replaceable coil.
But one retailer told investigators from campaign group We Vape to simply bin reusable devices when done - potentially making a mockery of suggestions the ban could help improve the environment.
Shopkeepers face a £200 fine if caught selling the one-use devices which have been blamed for a rise in youth vaping and piles of discarded devices on the streets
When asked on camera how to use a rechargeable Big Puff vape - which can contain upwards of 6,000 puffs per device rather than 600 - the shopkeeper replied: 'You can use it, then you can throw it away.
'If you want to reuse it, you can. If not, you can throw it out.'
There have also been reports across London of compliant retailers turning investigators away, all the while neighbouring stores were going on selling disposables for as little as £5.
Some retailers have appeared prepared to break the law without consequences and gain a competitive advantage, while those obeying risked slumps in footfall and profit.
The disposables ban will be followed by the new Tobacco and Vapes Bill, currently working its way through Parliament.
This proposes further restrictions on flavours, an advertising ban and a vape licensing scheme for retailers, similar to the system used for selling alcohol.
Critics say failures to enforce the disposables law could now further embolden rogue traders and make new elements of the bill more difficult to enforce.
Mark Oates, founder of pro-vaping campaign group We Vape, said: 'The disposable ban has been in place for little over a week and it is already a total farce.
'Our investigation shows there are many retailers who do not care about the law because they know the chances of getting caught are almost nil.
'This defiance is the seed of a new black market we will see emerge, which we have warned the government about for a year, so it is only going to get worse.
'The ban will do nothing to stop kids vaping, as they can only be sold to over 18s already, so the Health Secretary needs to tackle rogue traders by starting the vape licensing scheme as soon as possible.
'This will drive funds into Trading Standards and other enforcement agencies, forcing bad actors out of the market. A deposit return scheme would also solve littering concerns.
'If lawmakers cannot get the disposables ban right, how on earth are they going to enforce all of the new regulation brought in under the Tobacco and Vapes Bill?
'The disposables ban was the first big test of government readiness for these regulations and it has been a colossal failure.'
Conservative MP Jack Rankin said: 'I share the serious concerns raised by authorities across the UK about the practical challenges of enforcing the Tobacco and Vapes Bill.
'Without proper resources and clarity in implementation, it is becoming increasingly clear this is just bad legislation.'
A recent study by former government advisor Richard Sloggett showed up to 200,000 vapers could return to smoking following the disposables ban.
Future Health Research Centre said the move risks undermining progress towards a 'smoke-free' Britain if vapers are not supported to maintain their 'quit journey'.
Modelling scenarios based on its findings indicate the disposable vapes ban will see between 175,000 and 378,000 people stopping vaping, and between 630,000 and 1.36million people switching to another vaping product.
But the smoking rate could increase by between 90,000 and 200,000, adding 0.2 per cent to 0.4 per cent to the overall population smoking rate.
Mr Sloggett said: 'The Government has committed welcome and strong action to reduce smoking and tackle youth vaping.
'However these findings show that urgent work is needed to ensure that efforts to reduce youth vaping do not have the unintended consequence of increasing the numbers smoking – particularly amongst younger people.
'The ban also feels like being a missed opportunity, with hundreds of thousands of people soon to be looking for alternatives to disposable vapes but over half saying they will simply switch to another product.
'With the ban looming, the Government now needs to get on the front foot, commit to a national mass media anti-smoking campaign and set out more clearly how it will use its forthcoming regulatory powers through the Tobacco and Vapes Bill to help ensure that those using disposable vapes do not turn to smoking instead.'
From June 1, it has been illegal for businesses to sell or supply single-use vapes, such as Elf bars and Lost Mary, in shops and online.
The law is aimed at protecting the environment and tackling a surge in youth vaping rates, which have soared from 0.8 per cent in 2013 to 7.2 per cent last year.
Disposable vapes, known for their variety of flavours and brightly coloured packaging, have become increasingly popular among teenagers.
Moreover, an estimated 5million single use vapes, which are available to buy at pocket money prices, are thrown away in the UK every week.
Retailers in England who are caught breaking the law face a minimum £200 penalty or a two-year-prison sentence for repeat offenders.
Any single-use e-cigarettes that are found on sale, will be seized by Trading Standards.
Rechargeable vapes that are refillable and have a battery and replaceable coil will remain on the market.
It will not be illegal to own or be in possession of a single-use vape - with reports that millions of Brits have stockpiled the devices in preparation for the ban.
MailOnline revealed this month that nearly 40 per cent of vapers have enough disposable e-cigarettes to last three months.
All ages showed interest in stockpiling but it was 45-54-year-olds who led the way, with almost 90 per cent saying they were putting together a collection in preparation.
Vapes are not currently subject to an additional tax like tobacco products, although 20 per cent VAT is charged.
However, a new vaping duty is being introduced by the government on October 1 next year - to be charged at a flat rate of £2.20 per 10ml vaping liquid.
Vape advertising is also set to be banned as part of the government's Tobacco and Vapes Bill, which is currently making its way through parliament.
Then-Prime Minister Rishi Sunak initially announced the plans to ban disposable vapes in January last year.
The former prime minister was acting on evidence that those taking on the habit across all age groups had ballooned by more than 400 per cent since 2012.
Moreover, recent NHS figures showed a quarter of 11 to 15-year-olds in England have tried vaping, with almost one in 10 using e-cigarettes regularly.
And the highest rates of disposable vape use are among those aged 18 to 24, a survey of 4,393 British adults previously revealed.
The NHS has historically recommended vapes to help people quit smoking, which is one of the biggest causes of illness and death in the UK.
About 76,000 people die every year from smoking-related health problems, including heart disease, strokes and cancer.
E-cigarettes are less harmful and can help people quit smoking for good, according to the health service.
However, vaping is not risk free - e-cigarettes contain harmful toxins and their long-term effects remains a mystery.
Some doctors fear a wave of lung disease and even cancer in the coming decades due to vaping.
Experts are also concerned the high nicotine content might increase blood pressure and cause other heart problems.
Freedom of Information requests revealed that 24 children in England were hospitalised due to vaping since the start of 2022. These could include lung damage or a worsening of asthma symptoms.
When putting the Tobacco and Vapes Bill before Parliament last November, Mr Streeting told MPs: 'The number of children vaping is growing at an alarming rate and without urgent intervention, we're going to have a generation of children with long-term addiction.
'It is unacceptable that these harmful products are being deliberately targeted at children with brightly coloured packaging and flavours like "gummy bear" and "rainbow burst".
'The Tobacco and Vapes Bill provides the protection that children and young people need to avoid a life imprisoned by addiction. That's why it's so incredibly important it is voted through.'
A Department of Health and Social Care spokesperson today told MailOnline: 'Our landmark Tobacco and Vapes Bill will help us crack down on rogue retailers by giving trading standards stronger enforcement powers and it includes powers to introduce a retail licensing scheme for tobacco, vaping and nicotine products.
'We are also investing £30million in total this year to tackle the illicit and underage sale of tobacco and vapes, supporting enforcement agencies including Trading Standards, Border Force and HMRC to enforce our rules.'
