United Kingdom: Market and legal data for the vaping sector

10th September 2024: UK: “There are no current plans to update the guidance published by Public Health England in July 2016 on the use of e-cigarettes in public places and workplaces”, parliamentary under-secretary for health and social care Andrew Gwynne said yesterday. Gwynne added that more details on the Tobacco and Vapes Bill will be set out “very soon”.
5th September 2024: UK: Parliamentary under-secretary for health and social care Gillian Merron said, as a response to a parliamentary question, that the Tobacco and Vapes Bill will be introduced “soon”. Merron refused to provide a specific timeline, despite the request from Labour member of parliament George Foulkes to indicate a clear timeline.
3rd September 2024: UK: During yesterday’s short debate at the House of Lords on the use of vaping products by children, calls to ban disposable vaping products were raised by the chair of the Justice and Home Affairs Committee and the spokesperson at the House of Lords for the Liberal Democrats. The parliamentary under-secretary for health and social care Gillian Merron said the Department for Environment Food and Rural Affairs (Defra) is reviewing proposals to restrict the sale and supply of disposable vapes and that Defra’s plans will be outlined shortly.
3rd September 2024: UK: Answering a parliamentary question, the parliamentary under-secretary for health and social care Andrew Gwynne said the Tobacco and Vapes Bill will be introduced to parliament “in the coming weeks”, and that an impact assessment (most likely different from the one published under the previous Conservative-led government) will be published early in the passage of the bill.
29th July 2024: UK: The Edinburgh-based vape retail chain VPZ has issued a warning about a new disposable vaping product present in the UK vaping market, which features superficial recharging and refilling mechanisms. The product features a 2 ml pre-filled container, with an extra 10 ml cartridge that can be used immediately after purchase and a USB charging port, but the design does not allow for the coil to be replaced, rendering the product useless after a single use. The product is reportedly designed to circumvent the disposable vaping ban that is expected to come into force in 2025 across the UK. The disposable ban was proposed by the previous Conservative-led government, but did not come into fruition due to the calling of snap elections by previous prime minister Rishi Sunak. Concerns about these new products have also been shared by Scottish MP Gillian Mackay, from the Scottish Green Party.
22nd July 2024: UK - Northern Ireland: The Department of Agriculture, Environment and Rural Affairs (DAERA) of Northern Ireland has notified, through the TRIS notification system, regulations seeking to ban the supply of single-use disposable vapes in the territory. If adopted, disposable e-cigs would be banned in Northern Ireland from 1st April 2025. In the regulations' reasoning, the DAERA argues that “it is anticipated that similar domestic regulations will be brought forward by all UK nations to bring in a ban”.
17th July 2024: UK: During today’s king’s speech at the state opening of Parliament, King Charles III said that the ruling Labour government will bring forward legislation to “progressively increase the age at which people can buy cigarettes and impose limits on the sale and marketing of vapes”. These were among the provisions that the Tobacco and Vapes Bill included, and are aligned with what is proposed in the Labour political programme for the 2024 elections, namely to “ensure the next generation can never legally buy cigarettes” and banning vapes “from being branded and advertised to appeal to children to stop the next generation from becoming hooked on nicotine”. The background briefing states that the new government will reintroduce the Tobacco and Vapes Bill, proposed by the previous Conservative government and voted for unanimously by the Labour party in the House of Commons.
5th July 2024: UK: Pending the counting of all votes, the general election held yesterday (4th July) has resulted in the Labour Party gaining the majority of seats in Parliament – ending 14 years of consecutive Conservative-led governments. As shown in our Policy Radar, the Labour Party is likely to have a stricter view towards novel tobacco and nicotine products than the Conservative government – despite the latter proposing a ban on disposable vaping products, a comprehensive regulation of vaping products and a generational ban on tobacco products. It is likely that the Labour Party will continue this prohibitive approach, although it is unclear whether it will do so by introducing its own proposals or by refloating those initiated by the Conservatives.
1st July 2024: China: According to recently updated trade data from the General Administration of Customs, in April 2024, exports of e-cigarettes to the UK totalled approximately $128m, with a month-on-month increase of 26.8% but a year-on-year decline of 19%. The export volume was around 3,094 tonnes, increasing 18.31% month-on-month but decreasing 9.9% year-on-year. The export unit price was $41.24 per kg, increasing 7.2% month-on-month but decreasing 10.1% year-on-year, press reports.
14th June 2024: China/US: The Chinese Ministry of Commerce has announced that several US companies have filed a petition with the US International Trade Commission (USITC). The companies allege that specific e-cigarette products imported into or sold within the US – particularly certain disposable vaporiser devices and their components – infringe on their patents. This petition, filed under Section 337 of the US Tariff Act of 1930, seeks a general exclusion order, a limited exclusion order, and cease and desist orders. The investigation involves 42 companies from the US, China, the UK and other countries. If the petition filed by the US companies alleging patent infringement is successful, this could have implications for the companies involved – potentially impacting market competition and product availability in the sector.
13th June 2024: UK: Today, the Labour Party – the main opposition party prior to the dissolution of the parliament – published its electoral programme for the elections that will take place on 4th July. In it, the party says it will “ensure the next generation can never legally buy cigarettes” and pledges to ban vapes “from being branded and advertised to appeal to children to stop the next generation from becoming hooked on nicotine”.
12th June 2024: UK: The Conservative Party – the ruling party prior to the dissolution of the parliament – has recently published its electoral manifesto for the elections that prime minister Rishi Sunak called to be held on 4th July 2024. In it, the party pledges to “bring forward our landmark Tobacco and Vapes Bill in our first King’s Speech”. The Tobacco and Vapes Bill is the March 2024 proposal from the Conservative Party to introduce a generational ban on tobacco products and to empower the government to regulate vapes and other nicotine products.

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