E-cigarettes, vape pens and 'puff bars'

Advice to businesses about e-cigarettes and vaping

Increase in disposable E-cigarette usage

There has been a nationwide increase in the use of disposable e-cigarettes. These devices are often referred to as "puff bars" or “vape pens," and many brands are now on sale across Oxfordshire.

However, whilst some of these products comply with UK law governing these products, many do not.

Illegal products

The illegal products are sometimes stock intended for sale in the USA. They often have higher limits on the device's strength and size.

Alternatively, some products meet the UK limit on size and strength. However, they have been rushed onto the market without their packaging meeting UK standards. 

They are also not registered and approved by The Medicines and Healthcare Products Regulatory Agency (MHRA).

Seizure of non-compliant devices

Since August 2021, Oxfordshire Trading Standards has seized thousands of these devices. They have been prevented from being sold or returned to the UK supply chain.

Advice to retailers

The top five things for retailers to check before buying or selling these products are:

  • the nicotine content is 2% (or 20mg/ml in liquid form) or below
  • the size of the tank is 2ml or below
  • that the size is not only given in "puffs” – anything exceeding 800 puffs may be over-sized but this is not made clear by some manufacturers
  • that there is a UK address for an importer, manufacturer or other responsible body
  • that the "toxic” warning symbol is displayed for devices with a nicotine content of 1.7% to 2.0% and that a raised tactile warning is also on the box/packet

More detailed advice can be found in the e-cigarette detailed advice document (pdf format, 173Kb)

Products to avoid as a retailer and consumer

All of the products shown in the document below cannot be made compliant with UK law. They will be seized by Trading Standards if found on sale.

Products to avoid as a retailer and consumer: - July 2024 (.pdf format 3.69 MB)

Further advice

Visit guidance from industry websites to ensure that the products they sell are compliant with UK law

Underage sales

E-cigarettes, and in particular disposable devices, are becoming increasingly popular amongst children. 

A recent survey carried out by the charity ASH found that 

  • vaping among children 11-17 was up from 4% in 2020 
  • around the time of the first lockdown, to 7% in 2022. 

This survey also found that disposables are now the most used product among current young vapers, 

  • up from 7% in 2020 to 52% in 2022

Preventing sales of age-restricted products to children

Retailers must ensure a system to prevent selling age-restricted products to children. The core components of such a system are:

Staff training

 Make sure all staff get proper training on underage sales. Record the training dates and update them regularly.

Signage and store layout

Keep age-restricted products where staff can see them. Use clear signs to show the legal age for buying these items.

Age Verification Checks and Challenge 25/Think 21

 Staff should check the age of buyers. Ask for an ID with the PASS hologram, a driver's licence, or a passport.

Refusals Register

 Maintain a refusals register. Record the potential buyer's date, time, incident, and description when sales of age-restricted products are refused. This helps demonstrate that you actively refuse sales and have an effective system in place.

Till Prompts/Reminders at Point Of Sale

If your till can be programmed, use prompts that appear on the screen when an age-restricted product is scanned. This reminds staff to carry out age verification checks. 

Where this is not possible, use low-tech alternatives, such as adding a coloured reminder sticker to age-restricted products to remind staff visually.

Useful links

  • Proof of age  This is an online interactive toolkit that Trading Standards South West provides. Details of the training & resources included with membership can be found on their website, and the cost of joining for a small business is just £30 + VAT.
  • No ID, no sale - You can download free refusals registers, posters and window stickers from the "No ID, No Sale" website
  • Business companion Underage sales -This is a basic guide on underage sales law, but there are also in-depth guides for specific age-restricted products available on this website.