Advice for retailers on disposable e-cigarettes (compliance)

17 Mar 2023
Written By Chris Terry

You will be aware of recent coverage in the media surrounding the supply and sale of non-compliant disposable vapes.

Further to the advice provided by SGF yesterday, Trading Standards have advised our members that all non-compliant Elf Bar 600s products and any items that do not meet with MHRA standards must immediately be withdrawn from sale.

The following Elf Bar 600 SKUs have been identified as containing more nicotine liquid than the 2ml legal maximum allowed under the rules: EPOI 7693, EP020398, EP020250, EP019749, EP020257, EP019746, EP020120, EP020394, EP019893, EP019894.

It is an offence for retailers to sell non-compliant products and, in the case of e-cigarettes, this includes products that do not comply with the Tobacco and Related Products Regulations 2016 even if those products have been notified to Medicines and Healthcare products Regulatory Agency (MHRA).

All non-compliant products must be withdrawn from sale.

Steps retailers can take:

  • Ask that all manufacturers of e-cigarettes provide you with adequate proof of fill level (e.g. certificates of independent testing from an approved and accredited laboratory) before you agree to stock their products.

  • An additional useful step would be that retailers also intermittently test the stock placed on their shelves to ensure that the fill level remains consistently at 2ml.

Chris Terry
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