December 2, 2024
It’s the question on every retailer’s mind as vaping trends surge among young people. A recent Lancet study, surveying over 153,000 adults from 2016 to 2023, revealed startling data: vaping increased from 0.5 per cent to 3.5 per cent, with an alarming rise among younger users aged 11 to 14. Action on Smoking and Health (ASH) also reported that, by 2023, nearly 8 per cent of 11–17-year-olds were regular vapers – a trend that’s raising concerns across the retail sector.
While much attention has focused on the Lancet’s findings on new, non-smoking users entering the vaping market, a critical question looms in the background: how are minors gaining access to these age-restricted products? Serve Legal, a market leading UK-and-Ireland-based ID and compliance testing service, sheds light on this issue in its latest audit.
Insights from compliance audits
In their 2023-2024 audits, Serve Legal conducted a series of mystery shopping tests across four retail sectors: forecourts, supermarkets, vape specialists, and convenience stores. Using young auditors aged 18–19, Serve Legal tested whether these retailers adhered to the Challenge 25 policy, which requires ID verification for age-restricted products. In each audit, the auditor attempted to purchase a vape product, either presenting ID (for ‘with ID’ audits) or claiming to have left it behind (for ‘without ID’ audits). Based on the staff’s response, audits were classified as a PASS or FAIL. These audits were conducted on-demand to help retailers and businesses get an understanding of their current standards of compliance and assess areas of improvement.
The findings were surprising, particularly with vape specialists, who showed compliance rates as low as 55 per cent in 2024, lagging significantly behind other sectors. Supermarkets, however, are on the rise, climbing from 84 per cent compliance in 2023 to 88 per cent this year. Convenience stores and forecourts demonstrated mixed results: forecourts scored 76.9 per cent, while convenience stores, at nearly 90 per cent compliance, displayed stronger resistance to underage sales.
These audits highlight a crucial point; while some retailers implement effective measures, the inconsistency across sectors suggests a need for more robust training and awareness programmes to ensure compliance.
Where and how are minors accessing vapes?
Serve Legal’s audits suggest that despite existing policies, some retailers struggle to uphold age-verification practices consistently. To better understand the accessibility of vapes to minors, Serve Legal conducted a survey in 2023 among auditors. Results indicated that 70 per cent of underage users reported obtaining vapes from convenience stores and corner shops. Among these, 40 per cent admitted to buying directly, while a significant 60 per cent relied on proxy purchases, where adults bought products on their behalf.
This data presents a clear gap in regulatory enforcement and highlights the need for targeted compliance measures, particularly within high-risk retail categories. The availability of flavoured vapes and colourful packaging likely appeals to younger audiences, making it crucial for retailers to consider the impact of their product offerings.
Industry and regulatory implications
As the UK government moves forward with the Tobacco and Vape Bill, further restrictions on regulatory policies, in addition to marketing and packaging of vaping products are on the anvil. Designed originally to support smoking cessation, vapes have now found their way into teenage pockets, raising concerns about accessibility, appeal, and potential long-term impacts on youth health.
Ed Heaver, co-founder and chief executive of Serve Legal, emphasises the urgency of the situation: “The rise in vape use among under-18s signals that the UK’s current safeguards aren’t enough. These products were never intended for young people, yet accessibility has surged, making vaping more common than smoking ever was for this age group. With disposable vape bans only part of the solution, it’s time for the industry to step up and rethink how to protect young people effectively. Retailers can make a significant difference by strengthening ID-check policies, ensuring staff are well-trained, and actively engaging with local communities to promote responsible selling practices.”
The increasing prevalence of vapes among youth demands a concerted effort from all stakeholders. While some retailers demonstrate a strong commitment to compliance, the industry as a whole faces mounting pressure to improve age-verification processes. The challenge now is for retailers, policymakers, and communities to work together to find effective solutions that prevent young people from accessing these products in the first place. As the vaping landscape continues to evolve, proactive measures will be essential to safeguard the health and well-being of future generations.