E-cigarettes or vapes have been on the market in the UK for over 15 years, and their purpose is to help adult smokers stop smoking.

Vaping is much less harmful than smoking and is an effective quitting aid for adult smokers. However, it is illegal to sell tobacco or nicotine containing e-cigarettes or vapes to under-18s, or to purchase such products for them. Children under 18 should be asked where they got the vape (or cigarette) from so that complaints can be made to Trading Standards through the Citizens Advice.

Is vaping harmful?

We do not know the longer-term risks of vaping, but they are likely to be substantially lower than smoking. This is because the levels of exposure to toxic chemicals from vaping are a tiny proportion of those from smoking. We also don’t yet know whether the same proportion of people will vape throughout their lifetimes as smoke cigarettes, or whether people will have the same persistent difficulties quitting.

However, underage vaping among 11–17-year-olds has increased in the last two years. The main source of supply to children for cigarettes and vapes is shops, although being given them comes second. Online sources are more common for vapes than for cigarettes.

A checklist on how to comply with legal requirements for supplying e-cigarettes and vapes:

• Vaping devices and liquids must be supplied with an information leaflet with prescribed safety instructions, warnings, and UK based contact details.

• The leaflet must include a statement that the product is not recommended for use by young people and non-smokers.

• Liquid containing nicotine presented for sale must be in: a dedicated refill container with a maximum 10ml volume or; a disposable electronic cigarette, a single use cartridge, or a tank, in a volume not exceeding 2 millilitres.

• The capacity of the tank of a refillable electronic cigarette must not exceed 2 millilitres – (this amount is unlikely be able to achieve over 600 puffs so beware of higher claims).

• The liquid containers in devices and refills must be child-resistant, tamper-evident and be protected against breakage and leaking.

• The concentration of nicotine must be no more than 20 milligrams per millilitre.

• The labelling requirements of nicotine-containing products:

• The front and back of each pack (as presented for retail sale) must be labelled: ‘This product contains nicotine which is a highly addictive substance’   in black Helvetica bold type font on a white background which must cover 30% of both the front and back surfaces, no other languages are permitted.

• Ingredients must be listed in descending order of weight.

• A batch number must be labelled.

• A recommendation to keep the product out of reach of children must be present.

• The nicotine content of the product and the delivery per dose must be labelled (there is no requirement to state number of puffs).

• No claims present about health or lifestyle benefits or organic or natural properties.

• No references to taste or smell or other additives other than flavourings.

• No element or feature or name resembles a food or a cosmetic product.

• Electrical products must be marked with the UK Conformity Assessment mark or, until 1st January 2023 must bear a CE mark (or both). They must comply with UK electrical product safety regulations. Mains chargers must be supplied with an approved UK 3 pin plug.

• You must not sell nicotine inhaling products to anyone under the age of 18.

• Adults must not purchase a nicotine inhaling product for anyone under the age of 18.

Enforcement of laws on underage sales, sales of illegal products, and point of sale advertising are the responsibility of Trading Standards and complaints should be made through the Citizens Advice Consumer Helpline.

Complaints about all inappropriate advertising and promotion of vaping to under-18s, for example on social media such as Tik Tok or Instagram, should be made to the Advertising Standards Authority (ASA). Adverse reactions associated with vaping should be reported to the MHRA.

The maximum penalty for selling a nicotine inhaling product to a person under 18 years is a fine of £2500. If convicted and further offences occur in a two-year period, Trading Standards can make an application to a Magistrates’ Court for a restricted premises order and/or a restricted sales order.

Find your nearest Trading Standards Department: https://www.tradingstandards.uk/consumer-help/

Contact Citizens Advice Consumer Helpline: https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

Please note

This information is intended for guidance. Only the courts can give an authoritative interpretation of the law.