ACS has reiterated the detail of the disposable vapes ban, with just two weeks to go until the ban comes into force.
From June 1st, disposable vapes will be banned in the UK. This means that only devices that are both refillable and rechargeable will be legal for sale, with a tank size of 2ml and a maximum refill container size of 10ml. Retailers should aim to sell through all existing disposable vaping products before 1st June to avoid commercial loss and enforcement action.
Ahead of the ban, ACS has responded with concern at recent reports from trade press title Better Retailing of Trading Standards officers going into stores and requesting that they remove products that are legal for sale in the UK.
ACS chief executive James Lowman said: “The introduction of the disposable vape ban is a significant change for retailers, requiring careful consideration and rotation of stock to ensure that the only products that they have available for sale are compliant by June 1st. We are confident that responsible retailers are already underway with this process, which is why we’re extremely concerned by reports that some Trading Standards officers are going into businesses ahead of the ban and erroneously asking them to remove completely legal product from their shelves.
“Our Assured Advice guide, backed by Surrey and Buckinghamshire Trading Standards and used widely in the enforcement community, is comprehensive in educating not just retailers but also Trading Standards officers in the details of the ban. We urge any officers that are not across the detail of the legislation to consult our guide and focus their resources on tackling the actual problem of the enormous illicit trade which is a blight on communities and undermines responsible retailers.”
As part of its support for retailers on the introduction of the ban, ACS has put together some answers to commonly asked questions:
Q: Is June 1st the last day I can sell disposable vapes?
A: The last day that disposable vapes are legal for sale is May 31st. From June 1st, disposable vapes must not be available for sale and must be removed from any displays on the shop floor
Q: Are all vapes that advertise over 600 puffs illicit?
A: Before June 1st, for disposable vapes, the typical number of puffs for a 2ml device is around 600 which is a good rule of thumb to see if they’re legal for sale in the UK. However, for refillable/rechargeable devices, while the tank size remains 2ml, the maximum size of refill containers is 10ml of vape liquid which provides a significantly higher total usage. From June 1st, only rechargeable / refillable devices will be legal, so the 600 puff limit is no longer relevant.
Q: Do I have to communicate to customers about the ban?
A: There is no legal requirement to communicate the changes to customers, but it is helpful to do so to avoid any potential confrontation. ACS has a poster available to download here and DEFRA have a range of tools available in a business pack here.
Q: How can I tell if a vape is legal from June 1st?
A: In time, the MHRA website which lists all of the vapes that are legal for sale in the UK will be updated to only show products that are compliant with the ban, but we have been informed that this may not happen on day one. The best way to check if the vapes you have in stock are compliant with the ban and legal for sale in the UK is to follow the ACS Assured Advice on selling vapes here.
Q: Do I have to sell refills for the devices I sell?
A: Refills for any vape devices sold must be available on the market, but they do not need to be sold at the same place that the device itself is sold. It is however good general practice to be able to provide both the device and refills to customers.
Q: Can vape devices still be recycled from June 1st?
A: Yes, retailers are still required to provide vape recycling facilities after the disposables ban comes into force. Compliant devices should be recycled and not thrown away, especially as these have even more electrical components than their disposable counterparts.
Q: What do I do with stock that I have left of disposable vapes on June 1st?
A: The most important thing to do with any remaining stock is to ensure that it is removed from the shop floor on June 1st and clearly labelled as not for sale where it is being stored. Some vape suppliers and wholesalers are allowing retailers to return unsold disposable vapes, but otherwise they will have to be recycled. Speak to your vape supplier for more information on what facilities they’re offering, if any.
ACS resources on the disposable vapes ban and vape recycling are available here: https://www.acs.org.uk/advice/selling-vapes
