Local authorities never received funding from multi-million-pound enforcement promise, FOI data reveals

The UK Vaping Industry Association (UKVIA) has called on the Labour government to invest in vape enforcement after shock new research raised questions over the ‘missing millions’ that the previous Tory government pledged in funding.

In answer to concerns over underage and illicit vape sales, former health secretary Andrea Leadsom repeatedly said the government was committed to providing £30 million per year in additional funds for enforcement agencies.

However, a Freedom of Information investigation – conducted by the UKVIA – has shown no evidence that the Conservatives came through on this promise before they were ejected from Number 10.

As part of the research, the UKVIA analysed data from 15 major city and London borough councils, none of whom have ever received any of this money or any indication of how much they could expect to see – excluding Welsh and Scottish authorities, who said they were never eligible for the top-up to begin with.

A previous analysis conducted by the UKVIA found that, even if the Tories did deliver on this pledge, it would have been a fraction of what’s needed to fill the ‘black hole’ in funding for enforcement with two thirds being swallowed up by an illicit tobacco strategy which has nothing to do with vaping.

“The previous Conservative government made a huge song and dance about its investment in Trading Standards but, as the findings of our most recent FOI investigation suggest, this is just another promise that has gone unfulfilled,” John Dunne, UKVIA director general, said.

“Labour has a golden opportunity to take decisive action and do what their predecessors couldn’t; put a stop to the rogue vape retailers who are unlawfully selling this age-gated product to under-18s and stocking illicit or non-compliant vapes.

“This starts with the introduction of a first-of-its-kind vape retailer and distributor licensing scheme which would not only block inappropriate businesses – such as sweet shops – from ever being able to sell these products and bring in much harsher penalties for those caught flouting the law, but would also generate upwards of £50 million per year in self-sustaining funding which could be used to empower Trading Standards and back a proactive national programme of enforcement.”

He continued: “We urge Labour to seriously consider the proposed scheme we put forward earlier this year as they decide on future vape legislation so we can stamp out illegal sellers and allow the legitimate industry to do what it was created to do – help bring an end to the public health harms of smoking once and for all.”

A recent study commissioned by the Association of Convenience Stores found Trading Standards needs a significant funding injection of £168,340,000 over five years if it is to fully enforce current vape legislation across the UK. The UKVIA said the licensing scheme could generate this, and almost £100 million more, over the same period at no expense to the taxpayer.

The UKVIA’s FOI investigation comes as a growing cross-party chorus of politicians, including Lord Storey, Baroness Walmsley, Lord Bethell, Jim Shannon MP, Mary Kelly Foy MP and Dr Caroline Johnson MP, as well as the likes of the Royal College of Physicians, have indicated their support for a vape licensing scheme.

The FOI investigation undertaken by the UKVIA also looked at the vape enforcement activity undertaken by each local authority’s Trading Standards team between 2022 and May 30, 2024. Of the 17 respondents:

• 1,867 businesses had been visited on suspicion they were involved in the sale or supply of illicit vaping products
• 334 physical retailers were found guilty of engaging in underage vape sales
• More than 387,115 illicit/non-compliant vapes were seized – the majority of which were put in storage, destroyed or sent to recycling centres

The vast majority of retailers visited on suspicion of selling/stocking illicit products or found guilty of underage vape sales were non-specialist outlets including convenience stores, post offices and newsagents.

It was also found that the Trading Standards teams gave out just £10,730 in fines for the sale and supply of illicit/non-compliant vaping products and just £20,340 for underage vape sales – many of the respondents saying that they don’t have the power to issue fines.

The trade body noted that the retailers caught selling to under 18s in the FOI investigation could have faced a collective £3,340,000 in penalties and been banned from legally selling the age-gated product for two years under the industry’s proposed vape retailer and distributor licensing scheme.

A similar study published by leading regulatory specialist Arcus Compliance last year reported less enforcement action and lower fine amounts amongst 21 major city and London borough councils – including those looked at for the UKVIA’s research.

“It’s clear that more is being done to cut off the supply of underage and illicit vape sales and we commend under resourced Trading Standards officers for their hard work in bringing rogue retailers to book. However, without major investment and a clear national playbook for enforcement – which would be achieved through licensing – we will never truly be able to stamp out unscrupulous sellers and secure a more accountable industry,” Dunne said.