How to sell vape products legally in the UK

The UK vape market has grown significantly in recent years. With around 2,900 specialist stores generating over £1.2bn¹ annually, the UK has largest market in Europe² and the second largest in the world, behind the US.³

However, while the market is booming, it does face challenges. Particularly the sale of vape and e-cigarette products to underage customers and the associated growth of vaping amongst the under-18s. In fact, the problem has worsened in recent years. In 2022, 15.8% of 11-17 years olds (and almost a third of 16- and 17-year-olds) said they have tried vaping, compared with 11.2% in 2021.⁴ 

What’s more, almost half (46.5%) of 11–17-year-olds buy their vape products from shops, despite legislation banning their sale to under-18s.⁴

In line with these trends, Trading Standards has reported a rise in complaints about illegal vape sales. These complaints have increased from dozens each month in 2021 to hundreds each month this year. They have also seized thousands of counterfeit and unregulated products.⁵

What are the regulations governing the sale of vape products in the UK?

The rules around the sale of vapes in the UK are clear. They explicitly ban the sale of e-cigarettes or vapes to children. Additionally, every vaping product containing nicotine must be registered with the Medicines and Healthcare Products Regulatory Agency (MHRA).⁵

Set out in the Tobacco and Related Product Regulations of 2016, the rules also state that:

• Certain ingredients, such a caffeine and taurine, are banned.
• Nicotine ingredient warnings must appear on packaging.
• Packaging should be child-proof.
• All e-cigarette and e-liquids containing nicotine must be certified by the MHRA before they can be sold in the UK.⁵

Serious consequences for illegal and unregulated vape sales

Shops caught conducting illegal vape sales, whether involving unregulated products or under-age sales, can face serious consequences.

In England and Wales, if a retailer is caught selling vape products to under-18s, both the retailer and the staff member risk summary convictions and fines of up to £2,500. In Scotland, additional rules apply. Including fines of up to £20,000 or even imprisonment for retailers selling vapes without proper registration.⁶

Meanwhile, any retailer found to be selling unregulated or non-compliant products risks:

• prosecution; 
• stock seizure; 
• and fines of up to £5,000 per offence.⁷

Those consequences are likely to get more serious over time. Already the UK Vaping Industry Association is calling for tougher action on illegal sales. Including the introduction of a licensing or approved retailer and distributor scheme and increased penalties of at least £10,000 per offence.⁸

How to sell vape products legally in the UK

Clearly, then, for any shop selling vape products, awareness of, and compliance with the law is crucially important. As ever in UK law, ignorance of the rules is not a legal defence.

So, to avoid fines and other penalties, it pays to know the rules, which include⁶:

• To supply a new e-cigarette product in Great Britain you must notify the MHRA using its submission portal. Or the EU-CEG in Northern Ireland. If you’re unsure, you can check which brands are already certified on the MHRA website.
• Maximum tank size (cartridge/pod) is 2ml, and 10ml for refills, with a nicotine content not exceeding 20 mg/ml.
• Packaging must include a list of ingredients, an indication of nicotine content per dose, batch number and manufacturer or importer name and contact details. As well as prominent health warnings in black text on a white background.
• Packaging cannot include offers, discounts, or product safety and health claims. However, it must contain recommendations on how to keep the product out of the reach of children.
• All mains-chargeable vapes must bear the CE or UKCA mark.
• All e-cigarettes and refill containers must be tamper-evident and have child-resistant packaging.

More detailed guidance on legally selling vape products in the UK is available from the UKVIA, covering compliant products and under-age sales. Additonal information can also be found from the Association of Convenience Stores.

The role of insurance in protecting vape stores

Vape shops face many of the same risks as other retailers, such as property and liability risks. But there are specific risks associated with making or selling e-cigarettes and vape products. This means you need insurance specifically tailored to your business. Risks include:

1. Product safety

If a product you have supplied or manufactured is unsafe and causes personal injury or death to any person, or damage to private property, you could be sued for compensation.

2. Crime

Vape shops are becoming increasingly attractive to thieves, posing a risk to stock, on-site equipment, and cash, whether through physical theft or cyber-crime.

3. Investigations by regulators

As we have seen, the growing issue of non-compliant products and under-age sales is leading to more regulatory investigations.

The good news is that you can now purchase affordable vape shop insurance designed to cover all your key business risks. This includes liability, stock, property, goods in transit, and cyber-crime, all in one easy package.

Help is at hand

If you want to know more about the risks facing vape shops and how to defend against them, contact one of our local experts for confidential guidance. Or read more about vape shop insurance.

Sources

1. grocerytrader.co.uk/vape-booms-the-category-is-worth-well-over-1bn 
2. thegrocer.co.uk/a-vape-a-day-vaping-and-e-cigarettes-category-report-2022 
3. allencarr.com/easyway-stop-vaping/facts-statistics 
4. businessrescueexpert.co.uk/will-vaping-stores-choke-on-new-laws-and-restrictions 
5. bbc.co.uk/health-62052286 
6. acs.org.uk/acs_assured_advice_-_e-cigarettes_2022.pdf 
7. ukvia.co.uk/UKVIA-If-in-doubt-check-it-out-information-updated-161221.pdf 
8. ukvia.co.uk/ukvia-reinforces-call-for-get-tough-measures-to-stem-rising-numbers-of-children-vaping