A “staggering” lack of targeted enforcement action is being taken against rogue vape traders in Glasgow, according to a new report from leading vape compliance firm Arcus Compliance.
The report found that, between 2021 and April 2023, Glasgow Trading Standards issued just £400 in penalties to retailers for underage or illicit vape sales – the local Scottish authority reported zero prosecutions against rogue vape traders over this period.
The data was acquired through an FOI request made by Arcus Compliance to Glasgow City Council and was gathered as part of a wider study on the activities of trading standards teams across the country in addressing youth access to vapes and illegal products.
In its FOI response, another Scottish authority – the City of Edinburgh Council – said prosecuting criminal cases in Scotland is ‘an action reserved for the Crown Office or Procurator Fiscal Service’ but that fixed penalty notices (FPNs) can be issued where ‘sufficient evidence’ has been established.
The full report findings show that across 11 major provincial UK cities – with a shared population of more than 5.5 million – just 21 prosecutions were made against retailers for underage/illicit sales between 2021 and early 2023.
Further, the highest total amount of fines and FPNs given out across these cities over the same time period was £2,188 – less than the current maximum penalty that can be issued to just one offender at £2,500 and considerably less than the £10,000 on-the-spot fines that the UK Vaping Industry Association has been calling for the government to introduce.
Twenty-one local authorities – including 10 in central London – provided data on prosecutions, fines, raids, and product seizures for underage and illicit vape sales. A handful also claimed that there was punitive action that was inconclusive or that there were ‘expected’ or ‘almost certain’ prosecutions impending.
The research comes after Prime Minister Rishi Sunak put forward plans for a generational smoking ban and the government unveiled new investment for illicit tobacco and vape products enforcement functions.
Robert Sidebottom, Managing Director of Arcus Compliance, said the “concerning lack of proactive enforcement in the form of prosecutions and penalties shown by this report demonstrates that the system is in serious distress”.
He added: “It’s staggering to see just how few prosecutions there have been and how low the levels of fines are, given the huge amount of concern over youth and illicit vaping. Trading standards have been crying out for additional resources and support for some time and there’s no doubt as to why.
“The government has now pledged £30m to help intercept illegal tobacco and vaping goods at the border and to tackle youth access. While this is a welcome development, we can’t just slap a multi-million-pound Band-Aid on the issue of underage and illicit vape sales and call it a day – especially if parliamentarians move on considerations to restrict the sale of disposable vapes.”
Sidebottom added: “This is a complex challenge which also requires regulators to ensure rogue traders are facing impactful punitive action, as well as greater national coordination from trading standards and greater powers for local enforcement officers.”
Sidebottom questioned whether actions like fines, prosecutions and product seizures were being tracked effectively as cases continue to crop up in the media but didn’t appear to feature in the FOI feedback.
He also queried how much of the new investment would actually be used for vape enforcement and asked whether there were regional enforcement teams specifically tackling illicit vape trade or whether officers were spread across other age restricted areas such as alcohol, suggesting that it might be time for a more focused approach.
In response, UKVIA Director General John Dunne, said: “It’s no wonder we are facing a youth vaping challenge when you see figures like the ones in this new report.
“Steps must be taken to ensure these products don’t end up in the hands of minors, but a ban on disposables is not the answer. Instead, regulators must ensure existing laws on illegal products and underage access are being fully enforced and those who break the rules face meaningful punitive action.”
Dunne added that the new research reinforces calls for on-the-spot penalties of up to £10,000 for illicit sellers as several trading standards teams reported they currently don’t have the power to issue fines.
He said: “Although penalties and prosecutions are key weapons in our arsenal against cowboy sellers, they mean very little if trading standards don’t have the resources and authority to pursue them – the government must take this new data very seriously.
