Industry backs stronger enforcement after Which? exposes illegal underage vape sales

The UK vaping industry has reiterated its support for stronger enforcement and retailer accountability following an undercover investigation by Which? that revealed illegal sales of vapes to minors.

The probe found that teenagers aged 14 to 17 were able to purchase nicotine vaping products in five out of eight shops visited, often without being asked for ID or after providing only verbal confirmation of age.

While the findings highlight clear breaches of age-of-sale laws, industry bodies have stressed that such practices are carried out by a minority of non-compliant retailers and risk undermining the sector’s role in smoking cessation.

Responding to the report, Independent British Vape Trade Association (IBVTA) said it supports robust enforcement to ensure a level playing field. Chief executive Gillian Golden emphasised that responsible retailers and legitimate businesses depend on effective regulation to prevent illegal activity and protect public health.

“Local authorities have seen successive funding cuts from central government alongside significant rising financial pressures. The IBVTA applauds the work by trading standards teams across the country to level the playing field for legitimate businesses and make sure that all age restricted products are sold responsibly,” she said.

“We also support the measures in the Tobacco and Vapes Bill which will introduce a licensing scheme for retailers and allow local authorities in England and Wales to retain proceeds from licensing and age of sale offences, for enforcement purposes.”

Which? is calling for a major overhaul of the consumer enforcement system, including better coordination between national and local agencies and improved use of intelligence to target non-compliant businesses.

One of the vape shops later told the consumer group that it takes the issue of underage sales “extremely seriously” and that its staff are instructed to request valid ID from customers who appear under 18. The shop added that it’s taking steps to reinforce its procedures, including retraining staff and ensuring stricter ID checks are applied.

Other shops did not respond to requests for comment, Which? said.

The findings come amid growing concern over the capacity of local enforcement bodies. Trading Standards teams, responsible for policing underage sales, have seen significant resource constraints in recent years, leading to fewer inspections and prosecutions. One in five teams reported no criminal prosecutions in 2023–24, according to the report.

Chartered Trading Standards Institute (CTSI) said the investigation reinforces longstanding warnings about the fragility of the current enforcement system. The organisation noted that only around 2,500 officers are tasked with enforcing around 300 pieces of legislation nationwide, creating risks for both consumers and compliant businesses.

CTSI pointed to recent Department of Health and Social Care funding, which enabled the seizure of around 150,000 illegal vapes in just three months, as evidence that targeted investment can deliver results. However, it warned that broader and sustained funding is needed, particularly as new measures under the forthcoming Tobacco and Vapes Bill expand enforcement responsibilities.

“With Local Government Reorganisation and Devolution underway across England, it is the time to act to promote, protect and invest in what matters: a local service that delivers for the consumer, the honest business, the economy and public health across the UK,” CTSI chief executive, John Herriman, said.

“Without adequate investment in Trading Standards, we will continue to see unsafe, dangerous goods flooding the market, short measures of goods, unsafe food, disease outbreaks affecting both livestock and pets, a rise in doorstep crime, scams and fraud and many more.”