FOI reveals no vape fines issued since 2022

Vape retailers are required by law to provide customers with a way of sending back used devices. 

In response, the UK Vaping Industry Association (UKVIA) has called on regulators to clamp down on non-compliant businesses.   

The EA explained in its response that there are no “civil sanction response options”, including monetary penalties, for the WEEE regulations, but said producers may be liable to an unlimited fine if they are found guilty of an offence. 

The EA added that there is no obligation for vape producers to identify themselves as a retailer, distributor, manufacturer or other type of producer when registering or reporting data. 

The Office for Product Safety and Standards, responsible for environmental regulations relating to retail stores selling vapes, told the UKVIA that it “did not hold” information on the number of specialist and non-specialist vape businesses who have been fined or prosecuted for failing to meet their obligations. 

The regulator explained that the data has not been collected due to the “changing scope of the landscape” and growth of the sector but explained that it has undertaken a programme of education activities, which included: 

• Publishing a video for vape retailers informing them of their takeback requirements. 

• Working with independent not-for-profit, Material Focus, on a retailer briefing guide which has been downloaded over 3,000 times. 

• Providing technical input in Association of Convenience stores (ACS) guidance on vape takeback requirements, distributed to 49,000 members in 2024. 

• Providing intervention in the form of advice and guidance to 23 national businesses with large numbers of outlets between 2022 and May 2024. 

UKVIA said that its FOI request came as a result of a Defra consultation on “reforming the producer responsibility system for waste electrical and electronic equipment”. It is expected that the results of the consultation will be released in the coming months.  

The ban on single-use vapes 

In October, Defra announced that a ban on single-use vapes will come into effect from June 2025.  

The UKVIA warned it predicts the ban will have major implications for the waste management chain. 

The association added that it fears the measure will also trigger a surge in illicit products which will put consumers and young people at greater risk. Polling conducted by the ACS has found the ban would result in a £645 million per year boost to the black market.