Import loophole: Elfbar says allowing disposable vape imports to remain legal post-ban could fuel illicit market

Leading vaping brand Elfbar has called for swift government action ahead of the disposable vapes ban on 1 June to avoid the unintended consequences of fuelling the illicit market and jeopardising the UK’s smokefree 2030 ambition.

The brand has written to the government to raise its concerns, asking for robust enforcement and coordinated public messaging.

Elfbar said the concern is underscored by the National Crime Agency’s recent Operation Machinize, highlighting the link between illicit vapes and businesses being used to hide the origins of criminal money. It also echoes fears raised by MPs and campaigners that the upcoming ban could hand more power to organised crime groups – as seen in Australia when disposable vapes were banned last year.

Despite the sales ban, the import of disposable vapes will remain legal after 1 June – a significant loophole likely to feed the illicit market, the brand noted.

“While ownership of the legislative changes is a matter for the Department for Environment Food and Rural Affairs, it would benefit from a cross-government and sector approach in the coming weeks,” Eve Peters, director of government affairs for Elfbar in the UK, commented.

“Vapes play a critical role in smoking cessation and helping the UK achieve its smokefree goal. Tackling illegal trade is not only about protecting communities – it’s about safeguarding public health and supporting responsible retailers.”

The recent announcement of a £10 million funding boost for National Trading Standards and the recruitment of 80 new apprentice enforcement officers is a positive step in curbing illegal trade, which accounts for at least a third of the UK market.

“We applaud the recent multi-agency enforcement on illicit vapes and the much-needed extra funding for Trading Standards – whose critical role in tackling illicit trade is often under resource constraints,” Peters said.

“However, with the disposable ban fast approaching, we believe the government must urgently bring forward a dedicated enforcement strategy – one backed by resources for Trading Standards and related enforcement bodies proportional to the scale of the challenge to prevent rogue retailers from selling illegal products and children accessing them.”

Strengthening enforcement aligns with the government’s Safer Streets mission, which includes aims such as reducing crime in communities and protecting high street retailers.

Elfbar also supported calls from representatives in the UK sector for a retail licensing scheme for vapes – modelled on the Licensing Act 2003 which governs alcohol sales. Such a framework would provide clear, enforceable rules for responsible retailing and help prevent illegal sales.

Supporting smoking cessation

Elfbar has asked the government to shape regulation that achieves the shared objectives of tackling youth vaping while recognising and protecting the proven role of vaping in supporting adults to quit smoking.

A recent study from University College London shows usage of disposable vapes is already falling, particularly among 16-24-year-olds. Lead author, Dr Sarah Jackson, highlighted that policy measures addressing the importance of deterring youth vaping must be balanced with not discouraging adult smokers from switching to less harmful alternatives.

Peters added: “With the disposable ban set to disrupt over 60 per cent of the UK market and potentially increase smoking rates, a full public health impact assessment following the ban is essential before any further regulatory measures from the Tobacco and Vapes Bill are considered. Policymakers must understand the real-world effects of the ban on vaping behaviours and smoking cessation outcomes.

“The success of policy developments under the Bill depends not just on their design but also on timely implementation, public understanding and effective enforcement. A robust assessment will help ensure that future decisions support public health goals, protect adult access to safer alternatives and avoid unintended consequences.”

As part of efforts to achieve the UK’s Smokefree 2030 ambition, Elfbar welcomed the government’s commitment to extend the Swap to Stop scheme for another year, supported by £90 million in funding to provide free vape kits for smokers to use as a quit aid.

The scheme has already delivered tens of thousands of refillable vapes, as evidenced by research from the Independent British Vape Trade Association – which also highlights that more than 57 per cent of e-liquid supplies are fruit flavoured, underlining the key role of flavour variety in encouraging smokers to switch.

This connection between flavours and smoking cessation is backed by an Elfbar survey of over 6,000 UK adults, conducted by Opinium in December 2024. It found that more than two-thirds (68%) of adult vapers believe having access to a range of flavours helps to stop them from going back to smoking tobacco, with nearly half (48%) using fruit or sweet flavours most often.

As such, while Elfbar supports measures to limit and modify flavour descriptors where there is evidence they may appeal to children, it is vital that the flavours remain available to adult smokers and ex-smokers, it said.

Alongside the importance of an impact assessment following the ban, so too is raising awareness among consumers, retailers and the wider supply chain to ensure they are prepared for the changes.

“There remains a lack of awareness and understanding of the pending changes, particularly among consumers. Recent research found that 30 per cent of UK residents did not know that disposable vapes will be banned from 1 June 2025. To address this, a government-led campaign is needed,” Peters commented.