Guest post: Determining Whether a Vape is Compliant with the UK Vape Ban

It is now less than three months before the single use vapes ban comes into force. From 1 June 2025, it will be illegal for businesses to sell or supply, offer to sell or supply, or have in their possession for sale or supply all single-use or ‘disposable’ vapes. This applies to:

• sales online and in shops
• all vapes whether or not they contain nicotine

It is important for all businesses along the vape supply chain to ensure they are prepared for the June 1st deadline, and to be clear about the details of how to stay compliant. What follows is a guest post, an extract from the book “The Single Use Vape Ban Explained” by David Alexander, available now on Amazon.

Determining whether a vape is compliant goes beyond checking if it is rechargeable, refillable, or has a replaceable coil. Additional factors and verification steps must be considered, alongside thoroughly examining the device itself. This article explores these key compliance checks to help businesses and regulators navigate the regulations effectively.

1. A rechargeable device must have a battery that can be recharged multiple times. Simply replacing the battery does not make it rechargeable.

2. To be refillable, a device must be either physically capable of being refilled by the user using a vaping liquid or replacing all liquid containers in the device, i.e., the pods, tank, or dedicated refill container must be replaceable.

3. The coil must be replaceable. A coil in a closed pod or tank must be replaced every time a replacement pod is used.

The regulations state the replacement parts must be “separately available for purchase by an individual user” so that users can replace them.

The second part of the definition, which relates to these three key factors, requires further clarification.

Separately Available: What Does It Mean?

The regulations define ‘separately available’ as “available for purchase by an individual user.”

However, this term leaves room for interpretation.

This means that replacement parts—such as coils, pods/tanks, or dedicated refill containers—must be individually available for purchase, separate from the device they are designed for. This ensures that users can replace components without buying an entirely new device.

Where Should They Be Available?

The regulations do not specify where replacements must be sold, but they must be reasonably accessible to users. This means they should be available through channels that align with everyday purchasing habits:

· Specialist Vape Shops – These stores are the most likely to stock replacements due to their focus on vaping products and sufficient shelf space.

·  Supermarkets – Larger supermarkets may dedicate space for vaping accessories, making them a possible option.

·  Online Retailers – The most probable and convenient source, as users are accustomed to purchasing vaping products online.

·  Unlikely Venues – Small retailers like off-licences, grocers, and newsagents are less likely to carry replacements due to limited shelf space and a differing product focus.

Practical Considerations

The key requirement is reasonable access. If replacements are only available in highly remote locations—such as a single shop in John o’ Groats or Lands’ End—this would likely fail to meet the “separately available” standard.

The replacements should be reasonably priced. The ban would be ineffective if the replacement parts and refills were more expensive than the device.

Ensuring Compliance

To comply with this requirement, suppliers should ensure replacements are widely available at a reasonable price:

· Stock replacements themselves or verify availability from other retailers.

· Conduct a quick online search—if you cannot find replacements, neither will your customers.

· Document your findings. Recording where refills and replacement parts can be purchased will support compliance efforts.

Official Guidance and Additional Resources

• For the official government guidance from DEFRA on the Environmental Protection (Single-Use) Vape Regulations 2024, visit: DEFRA BUSINESS GUIDANCE

• This article is an extract from the book “The Single Use Vape Ban Explained” by David Alexander, available now on Amazon. The book also contains a free downloadable Compliance Checklist for suppliers to download and use to assist with compliance by demonstrating “Due Diligence.”

· Retailers and wholesalers: Check your stock and confirm that replacement parts are truly available before selling.

· Enforcement officers: Ensure compliance by verifying availability, not just device specifications.

· Industry professionals: Share this information with colleagues to prevent confusion and non-compliance.