Implementing the prohibition of the sale and supply of single-use vapes in Scotland: your views

Imperial Brands PLC (IMB) is a FTSE 100 business headquartered in Bristol in the UK and parent company of a dynamic international business specialising in tobacco and non-tobacco brands. Imperial Tobacco Limited (together with IMB) is the Bristol-based trading operation of IMB which distributes our products to the UK market.

IMB continues to oppose restrictions on the sale and supply of disposable vapes (other than to under 18s). In line with our corporate purpose, we seek to offer adult consumers a choice of potentially reduced risk products. Disposable vapour products form an essential part of that offering. Adult smokers who are considering a switch may be more likely to try vaping using a disposable vape which is lower cost, rather than a refillable vape product which has a higher price point.

We have a zero-tolerance approach to youth access and use for all our products. We are committed to working with all stakeholders to reinforce the message that our products, including disposable vape products, are solely for use by existing adult smokers and adult nicotine users only.

We recognise the sustainability challenges associated with disposable products and, to that end, we ensure full compliance with existing environmental regulations, and we communicate guidance around responsible disposal to our consumers.

Marketed responsibly, we maintain that disposable vape products have a crucial role to play in tobacco harm reduction. They are an important option for adult smokers who value convenience and affordability, and who would otherwise continue to smoke combustible products.

Nevertheless, given that the Scottish Government appears intent on continuing to pursue this policy, it is right that these regulations are designed as effectively as possible. We welcome the Scottish Government’s revision of the definition of what it considers to be a disposable vape to ensure that pod-based vapes are not inadvertently captured within the definition of a disposable vape.

Given the dynamic nature of the vape category, we urge the Scottish Government to conduct regular reviews of the regulations, particularly to assess the impact of the disposable vape ban on consumer behaviour and to monitor the size of the illicit market. It is also imperative that the Scottish Government engages properly and fully with all stakeholders in the execution of relevant reviews.

Given the continued popularity of disposable vapes, some consumers may choose to stockpile products ahead of the proposed 1st April 2025 deadline. The Impact Assessment (IA) suggests that this risk would be mitigated by increased monitoring and enforcement. However, this is difficult to understand: given that the purchase of disposable vapes would be legal before the ban comes into forces, there would be no policy or regulation to monitor or enforce. Similarly, while most retailers may manage their stock levels appropriately, some may not fully understand the impact of the impending deadline and may therefore inadvertently be left holding non-compliant stock after the 1st April 2025 deadline.

A ban of any product inevitably requires a deadline for implementation. However, if these regulations are to be introduced, a more balanced, phased approach would be to adopt a soft deadline in April 2025, followed by a sell-through period during which manufacturers and retailers can sell remaining stock (which has been placed on the market before 1st April 2025) in preparation for a subsequent hard deadline. Without a sell-through period, it is likely that some stocks of disposable vapes will need to be destroyed on or before 1st April 2025.

Following this deadline and a period of implementation, IMB would support rigorous enforcement of the new regulations to reduce the impact of the illicit market and to take strong action against the behaviour of irresponsible actors who operate within it.

IMB previously set out its concern that the Scottish Government had not published an Impact Assessment (IA) with the original draft regulations. We expected to see an Impact Assessment that took full account of how adult vapers will respond to the disposable ban, for example, moving to refillable and/or rechargeable alternatives or, more concerningly, accessing the illicit market and/or returning to smoking. We welcome Scottish Government’s publication of an IA, but regret that it is does not provide sufficient consideration of consumer or retailer responses to a ban.

IMB does, however, welcome the IA’s brief acknowledgement of the existing dangers of the illicit vape market, especially its recognition of “banned ingredients, oversized tank sizes and exceeding legal nicotine strengths.” However, the IA suggests there “may” be a risk of the growth of an illicit market in response to the ban. It is our strong view that this is inevitable. In fact, an illegal vape market is already strong: according to data sourced from local authorities, as part of the Vape Club’s 2024 Illegal Vaping Report, 4.18 million illicit vapes were seized by Trading Standards between 2020-2023. However, these seizures represent just a fraction of the illicit market’s size in reality, with the Chartered Trading Standards Institute estimating that a third of adult vapers are already purchasing illicit vapes. A disposable ban will embolden this market. Nevertheless, when considering consumer responses to the ban, the IA suggests that:

Those who use single-use vape products may choose to switch to reusable vapes and some may choose to stop vaping altogether. Others may choose to smoke tobacco products but this would involve a significantly higher cost, both in terms of personal finance and wider health, social, and economic costs to society. Currently, it is not possible to accurately forecast these patterns following a ban.

While some consumers may stop vaping, move to alternative products, or indeed return to tobacco products, it is a glaring omission not to consider that consumers may seek the convenience and affordability of disposable vapes on the illicit market.

The IA implies that enforcement by Trading Standards will “mitigate against the risk associated with an illicit market for single-use vapes.” However, this lacks specificity, and our experience makes clear that Trading Standards already lack the necessary resources to tackle the significant illegal market in vapes.

While the IA refers to UK Government’s allocation of £30 million extra funding per year for enforcement, this will be shared among a number of enforcement agencies, including Border Force, and is unlikely to give Trading Standards any real increase in resources in order to effectively enforce this significant and unprecedented policy intervention.

As acknowledged in the IA, an estimated 25% of 15 year olds in Scotland have used a vape in the past 30 days and purchase from shops is the most common source. While the IA suggests disposable vapes are the most popular device used by under 18s, it is not clear that a ban of the category itself would reduce the levels of youth vaping given the ease at which under 18s are already able to purchase vaping products illegally.

Without substantial increases in resources and funding for Trading Standards, a disposable ban is therefore likely to lead to many more adult vapers and even more concerningly, under 18s, accessing the illicit market.

Furthermore, the IA refers to several international case studies to develop the rationale for the disposable vape ban. It is notable that it cites Australia as a positive example following its move prescription-only vape model in 2021. Despite Australia’s “stronger legislation, enforcement, education, and support” it is estimated that 87% of Australians who vape purchase from the illicit market. This should give the Scottish Government considerable pause for thought about how consumers respond to government interventions of this kind.

IMB shares the SEA’s concerns regarding the environmental impact of disposable vapes, including the increase in littering rates of products in this category. Nevertheless, there are many other tools at the disposal of industry that the Government can mandate – or at a minimum, encourage through guidance – to reduce the environmental impact of disposable vapes without having to impose an outright ban. The SEA refers to the possibility of an information campaign to encourage more consumers to responsibly dispose of single-use vapes. As a responsible manufacturer, IMB is already supporting these efforts with our on-pack QR codes guiding consumers on how to dispose of vapes safely and we are rolling out vape recycling bins at retail outlets. We are also innovating to go beyond statutory requirements, for example our blu bar 1000 contains a removable battery for responsible battery disposable.

However, it is apparent that the Government rejected these when considering the impact of each alternative in isolation rather than considering whether such alternatives used in combination as part of a package of measures could achieve the Government's policy objectives. For example, a deposit return scheme combined with improved product design to increase recyclability and improved recycling infrastructure, which can be explained via a targeted information campaign.

Furthermore, the SEA’s reasonable alternatives do not sufficiently consider the wider impact of a growing illicit market on the environmental objectives the SEA seeks to achieve.

As a responsible manufacturer we fully understand environmental concerns about disposable vapes and are working hard to address this in our portfolio through consumer-centric, sustainable innovation. However, there are many other tools at the disposal of industry that the Government can mandate for – or at a minimum, encourage through guidance – to reduce the environmental impact of disposable vapes without imposing an outright ban.

As mentioned above, our recently launched blu bar 1000 has a removable battery, which allows for responsible battery disposal. The Scottish Government has not fully considered how innovations such as this could improve the sustainability of disposable vapes, thereby achieving the Scottish Government's environmental objectives without the need for an outright ban. A ban on disposable vapes would only embolden irresponsible actors in the illicit market who consistently disregard their environmental responsibilities. This does not appear to have been properly considered.

The SEA is right to highlight the recent finding that 5 million disposable vapes are thrown away each week in the UK. However, not even the organisation behind this figure - Material Focus - believes they should be banned as a result. Its Executive Director warned that a ban would “flood” the market with illicit devices. We agree.

It is welcome that the SEA goes further than the interim Partial Business and Regulatory Impact Assessment in acknowledging that the proposed ban will “not entirely eliminate single-use vapes from the litter stream, given that illegitimate and illegal sales may continue after the implementation of the regulations.” However, it is inevitable that illegal sales will continue, irrespective of a disposable vape ban. The growth of the illicit market would compound many of the environmental concerns that form the rationale for the ban in the first place.

IMB currently employs measures such as on-pack QR codes to guide consumers on how to dispose of vapes safely, including a removable battery in the aforementioned blu bar 1000 and the expansion of a roll-out of vape recycling bins at retail outlets.

In the UK Government’s consultation paper, Creating a smokefree generation and tackling youth vaping “improved product design” is cited as an alternative to an outright ban. IMB’s extensive research and development capabilities enable us to continuously explore ways to improve our devices, including mitigating their environmental impact and improving their recyclability. The EU is moving towards ensuring all battery devices are removable, and we are leading the development of devices that meet these criteria, having already taken a device to market (blu bar 1000) with a removable battery.

The SEA refers to Waste Electrical and Electronic Equipment Regulations which requires all producers to offer a ‘take- back’ solution to consumers. IMB’s vaping brand, blu, offers this solution through the blu.com website but government must take action against brands that are found to be in breach of this requirement.

In considering producer obligations – and as IMB set out in its response to the Defra WEEE consultation – we want to stress the importance of sanctions against irresponsible, free-riding producers of illicit, non-compliant vapes (making up a significant percentage of vapes present in the UK market) and their agents. It is not acceptable that responsible producers foot the bill while a lack of enforcement (and the absence of sanctions) does nothing to deter free-riding producers of illicit, non-compliant vapes and their agents. Regrettably, these irresponsible manufacturers will likely be the principal benefactors of the ban on disposable vapes.