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What are single-use vapes and why are they being banned?

Single-use vapes are vapes which are not designed or intended to be re-used and are not refillable and/or not rechargeable. They are being banned for both health reasons and environmental reasons. As regards the environmental reasons, they pose a major waste problem in the UK, as they are often thrown away in general waste or littered, instead of being recycled. If they are disposed of in general waste the lithium batteries in them can cause fires at waste processing sites. Only single-use vapes collected and sent to specialist recycling facilities stand a chance of being properly recycled.

What types of vapes can be supplied in the UK after 1 June 2025?

Once the ban comes into effect, the only vapes permitted to be supplied across the UK must be refillable, rechargeable and intended for multiple use.

What are the penalties for non-compliance with the ban?

The ban will be enforced by local authority trading standards departments. Supplying, offering to supply or possessing for supply single-use vapes in breach of the ban will be a criminal offence, carrying a maximum penalty on conviction of an unlimited fine. There is a due diligence defence available if a defendant can show that it relied on information provided by a third party (this may be the case if, for example, it is supplied with vapes which the supplier claims are for multiple use, but which are in fact only for single use).

Enforcing authorities can also impose civil sanctions, but these are limited to a compliance notice (requiring steps to be taken to ensure a breach does not occur or recur) and a fixed monetary penalty of £200. Before imposing a civil sanction, an enforcing authority must issue a notice of intent and give the recipient 28 days to make representations or objections to the notice. A recipient of a notice of intent can also discharge any liability for payment of a fixed monetary penalty by paying £100.

Enforcing authorities also have powers to enter premises without a warrant and seize single-use vapes, and make test purchases.

What action should businesses selling single-use vapes take now?

Businesses selling single-use vapes should assess their stock levels and work out if they can sell those stocks before the end of May 2025. If they have long-term supply contracts, it would be sensible to check the termination provisions in them. If they want to continue to sell vapes after 1 June 2025 they may need to find new suppliers and enter into new supply contracts.

Businesses left with unsold single-use vapes after 1 June 2025 will need to consider carefully how they dispose of them, as they are likely to be viewed as ‘waste” by environmental regulators such as the Environment Agency.

These may not be the last restrictions we see on vaping products, as the Tobacco and Vaping Bill (introduced into Parliament on 5 November 2024) includes powers to restrict the flavours, display and packaging of all types of vapes.

 

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