UKVIA - Tobacco Reporter

UKVIA Applies for Approved Code Scheme

The U.K. Vaping Industry Association (UKVIA) has initiated the application process to become part of the CTSI Approved Code Scheme (ACS).

The ACS was created to give greater peace of mind and protection to consumers, and members of the scheme are recognized as trustworthy, reputable and having a proven commitment to “honest business” and “higher standards,” according to the UKVIA. Representatives of the UKVIA have already met with officials from the Chartered Trading Standards Institute to discuss the significance of this accreditation and the path ahead.

John Dunne, director general of the UKVIA, said: “As the most influential association in the sector, we have and continue to expect the highest levels of responsibility from our members and regularly lead on initiatives to drive accountability across the industry—including publishing guidelines around marketing and sustainability, the rolling out of our Be Vape Vigilant campaign and, most recently, the development of a retail and distributor licensing framework.

“The vape sector is facing intense scrutiny, and the legitimate industry must show it is committed to only the highest standards. The ACS fits with this goal.”

July 9, 2024

‘Trading Standards Underfunded’

Trading Standards, the agency tasked with enforcing U.K. consumer protection laws and fair trading practices, needs more money to enforce the country’s vape legislation, according to an analysis commissioned by the Association of Convenience Stores.

The study found that the agency needs £168.34 million ($213.45 million) over five years to properly carry out its responsibilities. This figure represents a near 30 percent increase in net budgets for Trading Standards and takes into consideration the cost of enforcement officers, training, detection dogs, legal fees and product disposal.

The U.K. government previously committed to a £30 million annual enforcement top-up; however, it appears only one-third of the funding boost would have actually been assigned to Trading Standards, according to the U.K. Vaping Industry Association (UKVIA).

“The ACS-commissioned analysis shows that a huge funding boost is needed if we are to rain down on illegal vape sellers with the full force of the nation’s dedicated, but under-resourced, Trading Standards officers—a cost that the U.K. government has yet failed to meet but one that could be covered by the sector’s comprehensive licensing framework,” said UKVIA Director General John Dunne in a statement.

“It’s rare for an industry to advocate for its own regulation, but we have and will continue to call on the government to introduce a vape licensing scheme because it is what is needed to back effective enforcement and to usher in a new age of accountability for our sector.”

June 20, 2024

UKVIA Warns Against Vape Taxes

The U.K. Vaping Industry Association (UKVIA) has warned that the Conservative Party’s proposal to tax vapes based on nicotine strength, predicted to increase the cost of some products upward of 300 percent, threatens to undo the work that the category has already done in saving millions of smokers’ lives.

In its submission to the government’s vaping duty consultation, the association argues that by making higher strength vaping more expensive, the proposed tax regime will place an unfair financial burden on nicotine-dependent smokers who are trying to quit. The UKVIA points to the fact that smokers are already significantly overestimating the risks of vaping compared to smoking and that a measure that discourages the use of sufficient nicotine to facilitate a quit attempt is likely to have the effect of decreasing the rate of successful quit attempts.

The association also argues in its submission that as smokers are disproportionally from lower socioeconomic backgrounds, the effect of introducing an excise duty for nicotine-containing vapes, the most appealing form of e-cigarette for smokers, will be dramatic and potentially fatal.

This conclusion is supported by HM Revenue and Customs (HMRC) Research Report Number 740, Understanding the Vaping Market, which found that less affluent adults were “more likely than average” to report being current vapers and revealed that 32 percent of current vapers are motivated to use these products over cigarettes due to cost savings. The same HMRC report also highlighted that the doubling of the prices of vaping could result in 62 percent of current users reducing how much they vape.

The UKVIA is calling for the proposed taxation of vapes to be based on e-liquid quantity and not based on nicotine strength. It believes a specific sales tax on all vaping products and nicotine levels at the rate of £1 ($1.25) per 10 mL would be far more effective in achieving the duty’s stated objectives.

Smokers who smoke more or are more nicotine reliant need higher concentrations of nicotine, at least initially, according to the UKVIA. The association feels they should not be deterred from quitting by having to pay an extra premium to buy the higher concentration nicotine e-liquids that they need.

While a tax on vapes may be inevitable, it does need to be effective and not counterproductive.

John Dunne, director general, UKVIA

“While a tax on vapes may be inevitable, it does need to be effective and not counterproductive,” said UKVIA Director General John Dunne in a statement. “In recent years, millions of smokers have managed to quit through using vaping products, and discouraging others from making the switch would have disastrous, and in many cases fatal, consequences.

“The industry therefore urges the government not to unfairly discriminate against nicotine-containing vapes, which are the most popular devices for a reason. It would be far more valuable for the government to instigate a vape licensing scheme, for which we have long been calling; such a scheme would deter rogue retailers, protect our children and help a heavily under-funded Trading Standards to police retailers by raising £50 million a year from the industry.”

May 30, 2024

Scientist Urges Caution With AI Vaping Studies

Marina Murphy is a scientific communications and engagement expert with more than 20 years of experience.

Scientists should be aware of the “illusions of understanding” when relying on artificial intelligence for their research, warned Marina Murphy, industry veteran and scientific adviser to the U.K. Vaping Industry Association.

A recent study, published in Scientific Reports, claims to have uncovered potentially harmful substances that are produced when e-liquids in vaping devices are heated for inhalation.

The research team at the Royal College of Surgeons in Ireland (RCSI) University of Medicine and Health Sciences, Dublin, used artificial intelligence to simulate the effects of heating e-liquid flavor chemicals found in nicotine vapes.

The analysis revealed the formation of many hazardous chemicals, including 127 that are classified as “acute toxic,” 153 as “health hazards” and 225 as “irritants.” Notably, these included a group of chemicals called volatile carbonyls (VCs), which are known to pose health risks. Sources for VCs were predicted to be the most popular fruit-flavored, candy-flavored and dessert-flavored products.

Lead author Donal O’Shea, professor of chemistry and head of the department, said the findings are concerning. “Our findings indicate a significantly different profile of chemical hazards compared to what we are familiar with from traditional tobacco smoking. It is plausible that we are on the cusp of a new wave of chronic diseases that will emerge 15 [years] to 20 years from now due to these exposures.”

Murphy countered that the effects of overheating e-liquids have been studied extensively. “This can lead to the production of carbonyls, for example, but these compounds make the vapor so caustic as to be un-inhalable,” she wrote in response to the RCSI study. “Newer e-cigarette devices are designed with built-in temperature control systems.”

She warned that “scary headlines” could prompt smokers thinking of switching to less harmful e-cigarettes to stick with conventional cigarettes instead.

“Vaping has proven to be the most popular quit aid, and we need to focus less on problems and more on solutions to ensure that vapers continue to get the flavors they need to successfully quit cigarettes in the safest way possible,” said Murphy.

May 9, 2024

British MPs Alerted to Misinformation

The U.K. Vaping Industry Association (UKVIA) has issued a series of letters to Members of Parliament (MPs) to raise concerns over “misleading, incomplete, unsubstantiated, or incorrect” information, which the group says was presented to the Tobacco and Vapes Bill Committee.

“We are writing to express our grave concerns at the quality and accuracy of some of the oral evidence presented to what turned out to be a mainly one-sided committee stage of the Tobacco and Vapes Bill,” the organization wrote to lawmakers.

“Because the evidence was mainly given by those who have spoken out against vaping in the past, it presented a very skewed message, which often conflated the legal compliant vape industry with the black market and frequently made no distinction between the tobacco and vaping industries.”

The UKVIA insisted that it did not intend to defeat, delay or circumvent the legislation. Rather, the trade group wants to ensure that when MPs consider the bill, they are doing so from an informed perspective. “In scrutinizing this bill, MPs must balance the rights and needs of adult smokers to have access to the very best products to help them quit, with those of young people to be protected from age-restricted products, including vaping,” the group wrote.

Alongside the letter, the UKVIA has also issued a report that reviews some of the evidence presented by those who were invited to speak during the committee stage of the bill.

May 9, 2024

Suppliers to Prioritize Compliance: Zhao

Compliance is the bottom line of business, according to Everest Zhao, co-founder and CEO of the ICCPP group, a leading vaping product supplier in China.

In a conversation with U.K. Vaping Industry Association (UKVIA) Director General John Dunne, reported on the UKVIA’s website, Zhao said that compliance represents a risk when mishandled but an opportunity when taken seriously.

China’s e-cigarette exports reached $11 billion in 2023, with exports increasing by 12.5 percent annually, according to customs statistics cited by the UKVIA. However, data disclosed in the annual reports of listed companies, suggests that this growth rate may not be sustainable and the industry may face more intense challenges and uncertainties in the future.

Everest said technology and innovation would continue to drive the industry as they bring together knowledge from diverse fields such as industrial design, thermodynamics and chemistry.

“Only by further improving technology, increasing basic research, and enhancing innovation can companies’ product and brand power keep pace with market demand,” he said.

As the industry faces increasingly demanding and diverse consumers, along with stricter regulations aimed at protecting public health and the environment, business operators will have to put compliance at forefront of all considerations, according to Zhao.

“By complying with regulations, companies can avoid unfair competition and market monopoly and promote the healthy development of the entire industry. Compliance operations require companies to continuously develop and produce products that comply with regulations, which helps promote technological innovation and development.

“Compliance operations require companies to strengthen the protection of minors, ensure that products do not contain elements that attract minors, strengthen supervision of product sales and actively protect the health and future of the next generation.”

May 3, 2024

Suppliers Updated on New U.K. Landscape

John Dunne, director general of the U.K. Vaping Industry Association (UKVIA), traveled to China to educate vape companies on Britain’s changing regulatory landscape.

The U.K. will ban disposable e-cigarettes from April next year, and the Tobacco and Vapes Bill, which is currently working its way through Parliament, seeks to give ministers unprecedented powers to ban flavors and decide how vapes are packaged and sold.

Speaking at the headquarters of the Electronic Cigarette Industry Committee of the China Electronics Chamber of Commerce (ECCC), Dunne shared his expert knowledge to conduct on-site compliance training to some of the world’s leading vape companies, including Elf Bar, SKE, ELUX, HQD, Hangsen, Greensound, Aspire, ICCPP, RELX, ALD, Uwell and Zinwi.

Describing the U.K. regulatory landscape as “complex and changeable,” Dunne said issues such as the protection of minors, battery recycling and environmental protection were high on the agenda of politicians, regulators and the general public.

“It is absolutely vital that all companies operating in the U.K. are fully compliant with all local laws and work at all times to show the industry in the best possible light,” he said in a statement.

Dunne said the UKVIA would continue to work with the ECCC to help members comply with current requirements, prepare for future regulatory change and to foster global cooperation to promote the development and prosperity of the global vaping industry.

April 25, 2024

UKVIA Discusses Vape Waste Management

The U.K. Vaping Industry Association (UKVIA) will host a webinar on the “Future of Vape Waste Management Post-Disposables,” according to the organization’s website.

The Waste Electrical and Electronic Equipment (WEEE) Directive consultation period ended at the beginning of March. This consultation period has implications for the vaping sector, according to the UKVIA, including: policy makers potentially introducing a dedicated category under the WEEE directive; responsibility for collection and treatment of vape waste possibly moving completely to producers; and a potential new curbside household collection service for electronics, potentially including vape devices.

The WEEE consultation section that relates to vaping was designed to review current regulations due to the environmental challenges associated with single use vapes. However, disposables are now about to be banned in the U.K., raising questions about how the WEEE regulatory reform would affect the vapor industry.

The webinar will discuss these issues and take place on Monday, April 15, 2024.

Despite these reforms, a UKVIA investigation showed that there is a lack of interest in vape recycling in the U.K.

The investigation showed that 80 percent of major U.K. city councils and London borough councils surveyed had “no plans” to invest in new vape collection solutions in the next year.

As part of the investigation, Freedom of Information requests were issued by the UKVIA prior to the single-use vape ban to 10 major provincial city councils and 10 central London councils, including Birmingham, Manchester, Cardiff, Glasgow and Westminster.

Of those surveyed, 60 percent said they offer vape was disposal at civic amenity sites (or designated collection facilities). One in 10 have introduced vape waste containers in public places while about one-third do not offer vape waste disposal containers or drop-off points of any kind. Only one of the councils has introduced curbside or household vape collection to date.

“Councils are not anti-vapes, which are shown to be less harmful than smoking and have a place as a tool to use in smoking cessation,” said a spokesperson for the Local Government Association, which represents all the authorities contacted as part of the investigation and is one of the organizations that called for a disposable ban. “However, disposable vapes are fundamentally flawed in their design and inherently unsustainable products, meaning an outright ban will prove more effective than attempts to recycle more vapes.”

Research by Material Focus showed that 70 percent of people throw away their single-use vapes because “they didn’t know they could recycle them.” Of those surveyed, 44 percent of vapers said they would recycle their single-use vapes if there were recycling points on a street or in a park while half said they would be likely to recycle if curbside recycling was available.

“Advocating a ban on disposable vapes on environmental grounds while not committing any investment to vape waste collection, despite the need for such facilities in public places—which are controlled by local government—is a cast of the pot calling the kettle black,” said John Dunne, director general of the UKVIA, in a statement. “Even when single-use vapes are no longer available in retail outlets, there will still be millions of rechargeable and refillable vapes sold every year, not to mention a rise in black market products that will arise from the ban on disposables. So, the lack of investment in collection facilities and foresight around the need to make the disposable of vapes as convenient as possible is startling and extremely concerning.

“We are under no illusions as to what the industry needs to do to ensure it is environmentally responsible, which is why the sector has invested in producing more sustainable products, providing recycling education for consumers, rolling out recycling initiatives and innovations and ensuring it is compliant with regulations. The UKVIA is also involved in the development of a vape licensing scheme, which has just presented to parliamentarians, and, if adopted, will require retailers to provide take-back facilities in-store before being allowed to sell vapes.

“We can, and will, do much more to ensure environmental compliance across the sector, but that doesn’t mean local government can simply offload its responsibility for providing vape waste collection facilities in public places. The industry pays its business rates like any other sector, and this makes up one of the largest sources of income for local authorities—a percentage of which is earmarked for waste management. If local authorities can provide public waste disposal facilities for all types of waste, why not used vapes?

“Whilst I am sure vaping manufacturers and retailers could be encouraged to partner with local authorities to create more public collection points for vape waste, the industry can’t just put such facilities on streets and in parks, as is required. We need all the players in the vape waste ecosystem to be joined up if we are to protect both the environment and the health of former smokers.”

“Currently, a significant volume of used vaping products are being wrongfully disposed of in the general waste bin and ultimately end up at landfill,” said Steward Price, head of producer responsibility services with Waste Experts. “This powerful data demonstrates that much more needs to be done to educate consumers on the correct disposal of their waste vapes and reinforces the need for a much stronger collection and recycling infrastructure for this challenging waste stream.”

March 15, 2024

UKVIA Seeks Clarity on Advertising Notice

The U.K. Vaping Industry Association (UKVIA) is seeking clarification following the recent Committee of Advertising Practice (CAP) enforcement notice on the prohibition of vaping ads on social media.

The UKVIA is particularly concerned that “factual (nonpromotional) information” should only be made available to those who have “actively and specifically sought it out,” which would limit such content to social media accounts set to “private.”

The industry group is especially worried that this means factual posts, such as repeating evidence-based statistics such as vaping is 95 percent less harmful than smoking, for its annual VApril Vape Awareness Month will now be deemed unlawful.

“Around 40 percent of U.K. smokers wrongly believe that vaping is at least as harmful as, or even more harmful than, cigarettes, which suggests we need more evidence-based vaping facts on social media, not less,” the UKVIA wrote in a statement.

One of the main aims of VApril is to use both paid and organic posts on LinkedIn, X and Facebook to give facts to smokers to help them make informed decisions over how they consume nicotine.

The CAP says that after March 28, it will enforce restrictions under the Tobacco and Related Products Regulations 2016, which prohibit “ads that have the direct or indirect effect of promoting nicotine-containing electronic cigarette products” from being shown in most social media.

The Enforcement Notice says: “Electronic cigarette ads are prohibited in any online media where content is shared to users who have not specifically sought it out.

“This means paid-for display ads in all online space are prohibited, but it also means that regular, non-paid-for posts and content in social media, which might get shared by an algorithm to users, are prohibited too.”

The Advertising Standards Authority will hold a webinar on March 21 where the rules on social media vape ads will be explained.

March 4, 2024

United Kingdom to Ban Disposable Vapes

The U.K. will ban disposable e-cigarettes, the government announced today.

According to the government, disposable vapes have been a key driver behind the rise in youth vaping, with the proportion of 11 to 17-year-old vapers using disposables increasing almost ninefold in the last two years.   

As part of the package, the government will also acquire new powers to regulate vape flavors, e-cigarette packaging and product presentation in stores to ensure that they don’t appeal to underage users. Additionally, the government will bring in new fines for shops in England and Wales that sell vapes illegally to children. Vaping alternatives, such as nicotine pouches, will also be outlawed for underage consumers.

In its announcement of the new measures, the government also reiterated its commitment to a generational tobacco ban. To help implement the new rules, government agencies such as the Border Force, Revenue and Customs and Trading Standers will receive £30 million ($38.1 million) in new funding a year.

 “As prime minister I have an obligation to do what I think is the right thing for our country in the long term. That is why I am taking bold action to ban disposable vapes—which have driven the rise in youth vaping—and bring forward new powers to restrict vape flavors, introduce plain packaging and change how vapes are displayed in shops,” said ,” said Prime Minister Rishi Sunak.

“Alongside our commitment to stop children who turn 15 this year or younger from ever legally being sold cigarettes, these changes will leave a lasting legacy by protecting our children’s health for the long term.”

While action to prevent youth access to vaping is critical, this move smacks more of a desperate attempt by the government to sacrifice vapers for votes ahead of the upcoming general election.

John Dunne, director-general, UKVIA

Public health officials welcomed the government’s decision. “We’re delighted that the Westminster government has heard our calls and is rightly prioritizing the health and well-being of our children and the planet,” said Mike McKean, vice president for policy at the Royal College of Pediatrics and Child Health. “Bold action was always needed to curb youth vaping and banning disposables is a meaningful step in the right direction. I’m also extremely pleased to see further much needed restrictions on flavors, packaging and marketing of vapes.”

Representatives of the vape industry, by contrast, were dismayed, pointing to significant role disposable vapes have played in bringing the U.K.’s smoking rates down to a record low.

“While action to prevent youth access to vaping is critical, this move smacks more of a desperate attempt by the government to sacrifice vapers for votes ahead of the upcoming general election,” said John Dunne, director general of the U.K. Vaping Industry Association (UKVIA), in a statement.

“If the government thinks banning disposables will help protect young people, they are completely misguided. This counterproductive legislation will sooner put children at greater risk by turbo-charging the black market and, in turn, making it easier for them to access illicit and noncompliant vapes.”

Pointing to recent research from University College London, the UKVIA said the answer to youth vaping doesn’t lie in counterproductive bans and restrictions, but rather in effective and proactive enforcement of the law which states that it is illegal for vapes to be sold to minors.

We can’t have a two-tier society in which some adults are permitted to buy tobacco and others are denied the same opportunity.

Simon Clark, director, Forest

The government’s continued commitment to a generational tobacco ban, meanwhile, prompted a strong response from smokers’ rights activists, who said the plan infantilizes adults.

A new poll for the smokers’ lobby group Forest found that almost two thirds (64 percent) of adults in Britain say that when people are 18 and legally an adult, they should be allowed to purchase cigarettes and other tobacco products.

“As soon as you are legally an adult you should be treated like one and allowed to buy tobacco, if that’s your choice,” said Simon Clark, director of Forest.

“We can’t have a two-tier society in which some adults are permitted to buy tobacco and others are denied the same opportunity.”

Urging Downing Street to step back from the policy, he added: “Law-abiding retailers will have the difficult job of enforcing this absurd policy that also drives a stake into the heart of traditional Conservative values such as freedom of choice and personal responsibility.”

January 29, 2024

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