The UK Vaping Industry Association (UKVIA) has warned that time is rapidly running out for retailers to ensure they are fully prepared for next month’s single use vapes ban, and NI retailers have more reason than their GB counterparts to take note.

Director General of the UKVIA, John Dunne told NR that not everyone is aware that simply having old stock on their premises could also leave them open to prosecution.

“Even if traders can show that they have no intention of selling the old stock and are making arrangements for it to be disposed of responsibly, this is not enough,” said John Dunne.

“To avoid the possibility of a fine, the old stock must be separated from other goods, labelled as unsellable and removed from the shopfloor or online store. And while in England, Scotland and Wales, retailers can initially expect no more than a £200 fixed penalty for offences under the new law, there are no civil penalties available in Northern Ireland.”

The Department for Environment, Food and Rural Affairs (Defra) warns retailers: “In Northern Ireland, the enforcement mechanism will be different from other parts of the UK. There are no civil sanctions for this offence and the following penalties will apply.

“If you’re found guilty of supplying, offering to supply or having in your possession to supply single use vapes, you may receive a fine of up to £5,000 on summary conviction in a magistrates’ court. On further conviction of this offence in a Crown Court, you may face a prison sentence of up to two years, a fine, or both.

“If you fail to provide information that an enforcement body asks for, you may receive a fine on summary conviction of up to £5,000 in a Magistrates’ Court.”

John Dunne said the fact that penalties are 25 times higher than the rest of the UK should act as a wake-up call for any Northern Ireland retailer to ensure they will be fully compliant from 1^st June.

“There is still time to get everything in order, but immediate action is needed to help ensure a smooth transition,” added John.

“Luckily Defra have produced a very handy guide for the retail sector – https://www.gov.uk/guidance/single-use-vapes-ban – which walks them through the key aspects of the legislation, including detailed information on exactly what constitutes a single-use and reusable vape for the purposes of the new law.

“It also contains information on other restrictions on vaping products, gives information on recycling vapes and what action must be taken if retailers have stock of single use vapes from 1^st June.

“Now is the time to sell through all disposable stock and introduce customers to suitable alternative devices. In fact, many distributors have already stopped supplying single use vapes in anticipation of the ban.

“It is also important that sales staff are fully aware of the changes so they can best advise customers, and it would also be a good idea to have point-of-sale information available with key facts about the change.

“The good news for customers is that there are many devices on the market which are just as easy to use as a disposable but have the added advantages that they can be recharged and work out less expensive in the long run.

“The change will take some getting used to, but if retailers take the time now to get ready for 1^st June, then they will not have to worry about the possibility of a £5,000 fine down the line.”

READ THE FULL FEATURE IN THE MAY ISSUE OF NEIGHBOURHOOD RETAILER HERE

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A plenary debate on the Legislative Consent Motion on the Bill was held after it was published in December. The 14-page LMC included evidence from the Institute of Public Health (IPC) that e-cigarettes act as a gateway to tobacco smoking amongst young people.

“The Institute of Public Health undertook a rapid review of evidence on behalf of the Department of Health, and findings point to reliable evidence that vaping does act as a gateway to tobacco smoking amongst young people. This substantiates the view that measures to address the appeal of these products to children are justified,” reads the LMC document.

The Bill aims to create a smoke-free generation by making it an offence for anyone born on or after 1^st January 2009 to be sold tobacco products and ban the sale of non-nicotine vapes and other nicotine products to under 18s. It also provides powers for the extension of smoke-free places. In the longer term the Bill will introduce retail licensing provisions.

Welcoming the Assembly’s support for NI’s inclusion in the Bill, Health Minister Mike Nesbitt said it was a landmark step which provides an opportunity to reduce preventable deaths and health inequalities across Northern Ireland and protect our children, young people and future generations from the harms of tobacco and nicotine addiction.

However, objections to the Bill have come from the tobacco and vaping sector, with criticisms for some of the legislation.

UKVIA Director John Dunne said while the organisation fully supports the need to tackle youth sales, it was necessary not to ignore those adult smokers who turn to vapes in a bid to stop smoking.

“There is absolutely no reason why adult smokers cannot have easy access to the very best quit smoking tool every invented, while minors also get the protection they need. Both can happily work hand-in-hand,” he told NR.

Meanwhile, the Tobacco Manufacturers’ Association said the generational ban “lacks common sense” while also completely disregarding the unintended consequences.

“If the government is committed to legislate, there is a more effective alternative policy. That is raising the age of purchase from 18 to 21. It would be much more practical, manageable and straightforward for retailers to enforce, than a generational ban, which would be complicated, impractical, unworkable and unenforceable,” said Rupert Lewis, Director at TMA.

However, Chief Medical Officer for Northern Ireland, professor Sir Michael McBride said that they needed to “stop the deliberate addiction of two-thirds of adult smokers who begin smoking before the age of 18”.

“There will be no restrictions on people who can already legally smoke,” he added. “But the robust measures in this Bill will seek to address the appeal of vapes to children and young people and over time will break the cycle of addiction and harm.”

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The Bill aims to introduce a progressive smoking ban to gradually end the sale of tobacco products across the UK, so that anyone born on or after 1^st January 2009 will never be able to legally be sold cigarettes. This means there will be no restrictions on people who can already legally smoke.

As part of the Bill, the UK Government unveiled its plans to introduce a licensing scheme for retailers to sell tobacco, vape and nicotine products in Northern Ireland, England and Wales, and will introduce on-the-spot fines of £200 to retailers found to be selling these products to people underage.

These measures will protect law-abiding businesses and tackle illicit products being sold, the government claims.

The inclusion of Northern Ireland in the new Bill will be subject to the agreement of the NI Executive and support of the NI Assembly.

The Bill strengthens enforcement activity including the extension of the Tobacco Retailers Register to include vapes and other nicotine products. It also includes provision to allow for the introduction of a retail licensing scheme in the longer term to replace the Registration scheme. This will be subject to public consultation.

Introduced in Parliament on 5^th November, the Bill will also ban vape advertising and sponsorship, as well as create new powers to restrict the flavours, display and packaging of all types of vapes.

Following the announcement, JTI urged the government to focus on evidence-based, effective solutions, and implement a minimum age sale of 21 instead.

The burden of enforcing a generational ban will fall squarely on retailers, and disproportionately on smaller, independent retailers JTI stated.

“Recent British Retail Consortium data revealed 1,300 instances of shop workers being verbally or physically assaulted every day in 2024^[1], with a significant proportion of these attacks following a request for age verification,” they said.

“The proposed generational ban and subsequent increase in ID checks will put retail workers at even greater risk, particularly in small and independent businesses that have no security staff or additional protections. The physical and mental impact on victims is estimated to cost UK retailers £3.3 billion annually^[2] – further highlighting the inconsistent approach from a government that has just announced, as part of Chancellor Rachel Reeves’s budget, to ‘stop shoplifting in its tracks’.”

They added that not only would increasing the age of sale to 21 help deliver the same health outcomes, it is also “simpler and less burdensome for retailers” and removes serious challenges pertaining to the legality of a generational smoking ban in Northern Ireland.

Meanwhile, the UK Vaping Industry Association (UKVIA) said that while it welcomed the proposed licensing scheme, it believes the fines should be much higher.

“The  legitimate vaping industry has long advocated for the creation of a licensing scheme for retailers and distributors, and we are delighted that vape licensing is now firmly on the policy agenda,” said Director General John Dunne.

“This development will enable youth and illicit vaping to be addressed, allowing the industry’s focus to remain on supporting adult smokers in quitting.”

Mr Dunne added that the UKVIA would welcome the opportunity to collaborate with government officials in ensuring that the future licensing is robust and serves as an effective means of monitoring the vaping market.

“For instance, in our view, the licensing scheme must include vaping distributors, and fines should be set at up to £10,000,” he added.

Northern Ireland Health Minister, Mike Nesbitt said the Bill’s measures offer a huge public health opportunity to reduce preventable death and illness.

“This Bill will also stop vapes and other consumer nicotine products, such as nicotine pouches, from being branded and advertised to appeal to children. Together these measures will help stop the next generation from becoming addicted to nicotine.”

Mr Nesbitt said he intends to introduce a Legislative Consent motion shortly and added that his Department will continue to work closely with the UK Government on the range of proposals being considered in the new Bill.

Information on the Tobacco and Vapes Bill is available at Smoking ban introduced to protect children and most vulnerable – GOV.UK

[1] Retail Week, BRC demands action as retail violence and abuse rises to 1,300 incidents per day | Retail Week (retail-week.com), 14/09/24.

[2] Retail Week, BRC demands action as retail violence and abuse rises to 1,300 incidents per day | Retail Week (retail-week.com), 14/09/24

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Nicotine vaping was created as a reduced risk product to help adult smokers transition from cigarettes and it has played a significant role in seeing smoking rates drop to record lows.

It has emerged that some people are misusing ‘open’ vape devices – where e-liquid can be added by the consumer – to deliver synthetic cannabinoids such as Spice and the psychoactive chemical THC which is found in cannabis.

UKVIA Director General John Dunne said: “Consumers can feel confident that when they buy regulated products from any reputable vape supplier, that they will be getting nicotine vapes which are designed to help them transition from cigarettes.

“I am worried, however, that there are vape devices available from unofficial sources which may contain illegal drugs and that those who buy them may have no idea what is contained in these products.”

According to Office for Health Improvement & Disparities (OHID) statistics, of the 12,418 young people under 18 in contact with alcohol and drug services between April 2022 and March 2023, cannabis was the most common substance (87%) for which young people sought treatment. While 10,837 young people reported having a problem with cannabis only 1,737 said they had a problem with nicotine.

The dangers of youth access to vapes containing spice and THC was recently highlighted by the BBC who spoke to a schoolboy who said he became hooked on spice after buying devices from a dealer he found on social media and met at a local train station.

“There have already been scare stories in the media with headlines such as: ‘Vapes confiscated in schools contain the zombie drug spice’ and this causes people to wrongly believe that the nicotine vape industry is responsible for this new trend,” added John Dunne.

“We need the government to step on now with a nationwide education campaign in traditional and social media to highlight the dangers of obtaining vape devices from unofficial sources and explaining the differences between legal and illegal vape products.

“Unless a clear distinction is made between the regulated vape market supplying adult smokers with products which are 95% less harmful than cigarettes and the unofficial supply of illegal products, then people will become wary of all vapes with the potential to drive smoking rates back up again.”

According to NHS inform: “Synthetic cannabinoids are lab-made drugs. Spice is a nickname for a substance containing one or more synthetic cannabinoids.

“Synthetic cannabinoids were originally designed to mimic the effects of cannabis. However, they are more harmful and unpredictable than cannabis. Due to their potency, there’s no safe way to take synthetic cannabinoids.”

It says the risks of taking synthetic cannabinoids include inability to move, dizziness, breathing difficulties, chest pain, heart palpitations, seizures, extreme anxiety, paranoia and suicidal thoughts.

The UKVIA is committed to upholding the highest standards in the vape sector which is why it backs the introduction of a national vape licensing scheme which would provide upwards of £50m annual funding to clamp down on illegal vape sales, backed up with fines of £10,000 upon conviction to make rogue retailers think twice before flouting the law.

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On Wednesday 17^th July, King Charles outlined the new Labour government’s plans to Parliament, with 39 bills ministers want to pass.

One of the key areas of focus is the Tobacco & Vapes Bill, introduced by the now-ousted Conservative government, with a number of measures expected to be introduced on tobacco sales, with a gradual ban on smoking to be brought in.

In May 2024, the then Health Minister, Robin Swann welcomed the passing of a motion to include Northern Ireland in the UK Tobacco & Vapes Bill, with the motion passed following an Assembly debate on 21^st May.

“Support for proposed measures to tackle these issues is clear in the response received from the Northern Ireland public to the UK-wide consultation on the Bill,” said Mr Swann.

The UK Vaping Industry Association welcomed the announcement that the Tobacco & Vapes Bill is back on the legislative agenda and hopes the new administration will allow unfettered debate on the issue.

“This bill, if implemented with thought and care, could be the springboard to getting the country’s smoke-free ambitions back on track, after inaction from the last government caused it to slip backwards by a decade or more,” said John Dunne, Director General of the UKVIA.

“The powers contained in this bill have the potential to cause either enormous good or enormous harm for the health outcomes of the nation and this is why our politicians must act with care to get it right,” he added.

With a focus on the health of children and young people, there is also planned legislation to ban the sale of high-energy caffeine drinks to children – part of Labour’s election manifesto. While restrictions on the advertising of junk food to children is also a priority.

Under the Crime and Policing Bill, assaulting shopworkers is now a specific offence, which many retailers in Northern Ireland have been seeking.

Earlier this year, Justice Minister Naomi Long said she condemned all abuse and violence directed at any frontline workers, and would examine the possibility of introducing the standalone offence in Northern Ireland.

“No-one should face mistreatment whilst doing their job and serving the public and such attacks are wholly unacceptable and must not be tolerated,” said Ms Long.

“Such abuse or violence can be prosecuted under existing laws designed to protect any member of the public from harm. However, the introduction of further protections for these workers is something I am giving further consideration to.”

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