Government must close vape loophole ministers have already acknowledged

Jamie Strachan, operations director at VPZ | The Vaping Specialist, said: “Yesterday’s debate on the Tobacco and Vapes Bill in the House of Lords highlighted an issue that should not be overlooked.

“During the report stage discussion, Health Minister Baroness Merron acknowledged that some manufacturers are designing vaping devices in ways that circumvent existing UK regulations.

“Specifically, she highlighted products that allow multiple refill containers to be attached to a single device, effectively bypassing the limits set out in the Tobacco and Related Products Regulations 2016.

“Those regulations clearly restrict vape tanks to 2ml and refill containers to 10ml.

“They were introduced to maintain product standards, ensure safety and create a consistent regulatory framework for the UK vaping market.

“But when devices are deliberately engineered to sidestep those limits, the intention of the law is undermined.

“For those operating within the regulated vaping sector, this issue is not new.

“Businesses that comply with UK regulations invest significant time and resources ensuring the products they sell meet legal requirements.

“When loopholes allow non-compliant devices to enter the market, it creates an uneven playing field where those following the rules are placed at a disadvantage.

“It also raises wider concerns about the integrity of the regulated market.

“Some of these high-capacity “big puff” devices are marketed in ways that make them attractive to younger users, while often being used and discarded in a similar way to single-use vapes despite appearing reusable.

“The government has rightly placed a strong emphasis on tackling youth vaping.

“However, doing so requires addressing the products that are driving many of those concerns in the first place.

“While ministers acknowledged the issue during the Lords debate, there was no indication of immediate enforcement measures or new actions specifically aimed at preventing these devices from entering the UK market.

“The Tobacco and Vapes Bill represents the most significant update to UK tobacco and nicotine policy in a generation.

“If ministers now recognise that manufacturers are exploiting gaps in the current regulatory framework, it presents a clear opportunity to strengthen the rules.

“Closing loopholes in product design, improving enforcement against non-compliant imports and supporting responsible retailers should all form part of that approach.

“Vaping remains a vital harm-reduction tool for adult smokers trying to move away from combustible tobacco.

“Maintaining public confidence in that system depends on ensuring that the market is properly regulated and that the rules are applied consistently.

“When ministers publicly acknowledge that regulations are being circumvented, the logical next step is to ensure the law is robust enough to prevent it.”