Calls for ‘strong penalties’ as new research finds no vape businesses fined for environmental non-compliance in over two years

The UK Vaping Industry Association (UKVIA) has called on regulators to come down hard on vaping businesses who are not meeting their environmental obligations, after a Freedom of Information (FOI) request revealed none have been fined or prosecuted for failing to meet their WEEE responsibilities.

In it’s FOI response, the Environment Agency explained there are no ‘civil sanction response options’, including monetary penalties, for the WEEE regulations, but said producers may be liable to an unlimited fine if they are found guilty of an offence. According to the agency, no EEE producers – which would include vape producers – have been fined or prosecuted between 2022 and May 2024.

The EA also said there is no obligation for vape producers to identify themselves as a retailer, distributor, manufacturer or other type of producer when registering or reporting data.

The Office for Product Safety and Standards, responsible for environmental regulations relating to retail stores selling vapes, said it ‘did not hold’ information on the number of specialist and non-specialist vape businesses who have been fined or prosecuted for failing to meet their obligations.

The regulator said the data has not been collected due to the ‘changing scope of the landscape’ and growth of the sector but explained that it has undertaken a programme of education activities, which included:

• Publishing a video for vape retailers informing them of their takeback requirements.
• Working with independent not-for-profit, Material Focus, on a retailer briefing guide which has been downloaded over 3,000 times.
• Providing technical input in Association of Convenience stores (ACS) guidance on vape takeback requirements, distributed to 49,000 members in 2024.
• Providing intervention in the form of advice and guidance to 23 national businesses with large numbers of outlets between 2022 and May 2024.

“It’s great to see that the OPSS is working hard to educate vape retailers on their environmental responsibilities, and this is something that needs to continue, but businesses in breach of their obligations need to face the consequences,” John Dunne, director general of the UK Vaping Industry Association, said.

“We are seeing the same enforcement issues when it comes to retailers selling vapes to minors. The Environment Agency tells us that the amount of fines that can be handed out are unlimited, so let’s put this policy into practice.”

Dunne welcomed the introduction of vape licensing in the new Tobacco and Vapes Bill and said they would continue to campaign for the Medicines and Healthcare products Regulatory Agency (MHRA) to have powers where they only grant vape product notifications for brands who can prove they are registered with one of the producer compliance schemes.

“One of the challenges that we face is that the organisation registering for a Producer Compliance scheme may be a distributor or an importer on behalf of a number of brands, making it difficult to see which manufacturers maybe breaking the law. It’s therefore key we understand who they’re representing,” Dunne added.

“We will be working with the regulators and our members to identify those businesses who are compliant and those that are not so appropriate action can be taken.”

The FOI investigation follows the Department for Environment, Food and Rural Affairs’ consultation on ‘reforming the producer responsibility system for waste electrical and electronic equipment’ – the recommendations from which are expected to be released in the coming months.

It also comes ahead of the ban on disposable vapes, which will take effect from June 2025 and is predicted to have major implications for the waste management chain.