From 1 June 2025, the UK will ban the sale of disposable e-cigarettes, a measure that will be implemented simultaneously in England, Scotland, Wales and Northern Ireland. The UK Department for Environment, Food and Rural Affairs recently published guidance for affected businesses. While the official justification for the ban is environmental, it also follows growing concerns about the sale of illicit products and non-compliant devices.
Products affected by the ban
According to the government's definition, a disposable e-cigarette is a product that is "neither designed nor intended to be reused." This ban applies to devices that contain nicotine as well as those that do not. To be allowed for sale, a vaping device must be both refillable and refillable with e-liquid. E-cigarettes that use disposable pre-filled cartridges are still allowed, provided that replacement cartridges are available and sold separately. Devices filled with e-liquid bottles must have replaceable coils that are sold separately or pre-filled or refillable cartridges that are also available separately. Batteries sealed inside the devices are accepted, provided that they are rechargeable via a USB connection.
Obligations of traders and sellers
The legislation affects all market players, including physical stores, online stores, manufacturers, wholesalers, distributors and importers. From 1 June, it will be illegal for any UK business to “sell, offer for sale or possess for sale a single-use e-cigarette”. Local authorities, the Border Force, the Medicines and Healthcare products Regulatory Agency (MHRA), the Office for Product Safety and Standards (OPSS) and the Competition Service (Trading Standards) will be responsible for enforcing the law. Employees of inspected businesses are required to cooperate with the authorities and provide any information or evidence requested. Businesses must demonstrate to inspectors that an “average user” can purchase the necessary components separately for any vaping device they sell.
Penalties for non-compliance
While possession or use of disposable e-cigarettes is not criminalized for individuals, businesses that sell them or possess them for sale are subject to a variety of penalties, which vary by region:
- England : For a first offence, the Competition Authority will issue a stop or compliance notice with a £200 fine. Products may be seized by inspectors. For repeat offences, an unlimited fine, imprisonment of up to two years, or both may be imposed. Offenders may also be issued with a costs recovery notice, requiring them to pay the investigation, administrative and legal costs incurred by the authorities.
- Wales : Authorities may impose civil penalties, including a stop notice and a fixed penalty of £200 or a variable penalty which may be higher. Sellers may also be subject to an enforcement costs recovery notice and a penalty for non-compliance.
- Scotland : Local authorities carrying out inspections will report criminal cases to the Crown Office and Procurator Fiscal Service (COPFS), which prosecutes offences. Those found guilty of “supplying, offering to supply or possessing for supply” disposable e-cigarettes face a fine of up to £5. Repeat offences may result in a prison sentence of up to two years, a further fine, or both.
- Northern Ireland : There are no civil penalties in Northern Ireland. Persons convicted of “supplying, offering to supply or possessing for supply” disposable e-cigarettes, or failing to provide information requested by an enforcement agency, can be fined up to £5 on summary conviction at a magistrates’ court. A subsequent conviction at a magistrates’ court can result in a prison sentence of up to two years, an additional fine, or both.
