Category: Disposables

New Zealand to Ban Disposables, Increase Fines
Credit: Mehaniq41
New Zealand will ban the sale of disposable e-cigarettes, increase fines for retailers caught selling to those under the age of 18 and better regulate retailers, reports Reuters.
Following a rollback of the planned generational tobacco ban, the government has stated that it is committed to reducing smoking, though it is taking a different approach, which includes more regulation of vaping.
“While vaping has contributed to a significant fall in our smoking rates, the rapid rise in youth vaping has been a real concern for parents, teachers and health professionals,” said Casey Costello, associate minister of health.
“The coalition government is committed to tackling youth vaping and to continue to drive down smoking rates to achieve the smoke-free goal of less than 5 percent of the population smoking daily by 2025,” said Costello.
The new rules will include higher fines for retailers selling to underage individuals, a review of vape retailer licensing and a ban of all disposable vapes.
March 20, 2024
U.K. Group: Harsh Fines for Selling Illegal Vapes

U.K. firms flouting the proposed ban on disposable vapes should face harsher fines to deter unscrupulous businesses, according to the Local Government Association (LGA).
Under the government’s plans, businesses caught selling disposable vapes once the ban is in place could be given a fixed-penalty notice of £100 by their local council.
The LGA has said the proposed fine is too low and might let businesses off the hook. However, a minority could see the fine as a price worth paying to continue selling the products, it said.
“We’re delighted that the government is taking decisive action to ban disposable vapes,” Kaya Comer-Schwartz, the leader of Islington Council and public health spokesperson for the LGA, said, according to media reports. “However, proposed penalties will be a drop in the ocean to a minority of unscrupulous businesses looking to make a quick buck after the ban comes into place.”
Firms flouting the proposed ban on disposable vapes should face harsher fines to deter unscrupulous businesses, the Local Government Association (LGA) has said.
Under the government’s plans, businesses caught selling disposable vapes once the ban is in place could be given a fixed-penalty notice of £100 by their local council.
The LGA has said the proposed fine is too low and might let businesses off the hook. A minority could see the fine as a price worth paying to continue to sell the products, it said.
Kaya Comer-Schwartz, the leader of Islington Council and public health spokesperson for the LGA, said: “We’re delighted that the government is taking decisive action to ban disposable vapes. However, proposed penalties will be a drop in the ocean to a minority of unscrupulous businesses looking to make a quick buck after the ban comes into place.”
According to LGA analysis, councils can impose larger penalties for other offenses, including up to £500 for littering, £500 for excessive noise from licensed premises, £200 for a business failing to put up “no smoking” signs, and up to £150 for unauthorized distribution of free leaflets on public land.
The LGA, representing councils in England and Wales, calls for the government to amend the tobacco and vaping bill to allow councils to impose more severe fines.
March 18, 2024
UKVIA Discusses Vaping Waste Management Options

The U.K. Vaping Industry Association (UKVIA) will host a webinar on the “Future of Vape Waste Management Post-Disposables,” according to the organization’s website.
The Waste Electrical and Electronic Equipment (WEEE) Directive consultation period ended at the beginning of March. This consultation period has implications for the vaping sector, according to the UKVIA, including: policy makers potentially introducing a dedicated category under the WEEE directive; responsibility for collection and treatment of vape waste possibly moving completely to producers; and a potential new curbside household collection service for electronics, potentially including vape devices.
The WEEE consultation section that relates to vaping was designed to review current regulations due to the environmental challenges associated with single use vapes. However, disposables are now about to be banned in the U.K., raising questions about how the WEEE regulatory reform would affect the vapor industry.
The webinar will discuss these issues and take place on Monday, April 15, 2024.
Despite these reforms, a UKVIA investigation showed that there is a lack of interest in vape recycling in the U.K.
The investigation showed that 80 percent of major U.K. city councils and London borough councils surveyed had “no plans” to invest in new vape collection solutions in the next year.
As part of the investigation, Freedom of Information requests were issued by the UKVIA prior to the single-use vape ban to 10 major provincial city councils and 10 central London councils, including Birmingham, Manchester, Cardiff, Glasgow and Westminster.
Of those surveyed, 60 percent said they offer vape was disposal at civic amenity sites (or designated collection facilities). One in 10 have introduced vape waste containers in public places while about one-third do not offer vape waste disposal containers or drop-off points of any kind. Only one of the councils has introduced curbside or household vape collection to date.
“Councils are not anti-vapes, which are shown to be less harmful than smoking and have a place as a tool to use in smoking cessation,” said a spokesperson for the Local Government Association, which represents all the authorities contacted as part of the investigation and is one of the organizations that called for a disposable ban. “However, disposable vapes are fundamentally flawed in their design and inherently unsustainable products, meaning an outright ban will prove more effective than attempts to recycle more vapes.”
Research by Material Focus showed that 70 percent of people throw away their single-use vapes because “they didn’t know they could recycle them.” Of those surveyed, 44 percent of vapers said they would recycle their single-use vapes if there were recycling points on a street or in a park while half said they would be likely to recycle if curbside recycling was available.
“Advocating a ban on disposable vapes on environmental grounds while not committing any investment to vape waste collection, despite the need for such facilities in public places—which are controlled by local government—is a cast of the pot calling the kettle black,” said John Dunne, director general of the UKVIA, in a statement. “Even when single-use vapes are no longer available in retail outlets, there will still be millions of rechargeable and refillable vapes sold every year, not to mention a rise in black market products that will arise from the ban on disposables. So, the lack of investment in collection facilities and foresight around the need to make the disposable of vapes as convenient as possible is startling and extremely concerning.
“We are under no illusions as to what the industry needs to do to ensure it is environmentally responsible, which is why the sector has invested in producing more sustainable products, providing recycling education for consumers, rolling out recycling initiatives and innovations and ensuring it is compliant with regulations. The UKVIA is also involved in the development of a vape licensing scheme, which has just presented to parliamentarians, and, if adopted, will require retailers to provide take-back facilities in-store before being allowed to sell vapes.
“We can, and will, do much more to ensure environmental compliance across the sector, but that doesn’t mean local government can simply offload its responsibility for providing vape waste collection facilities in public places. The industry pays its business rates like any other sector, and this makes up one of the largest sources of income for local authorities—a percentage of which is earmarked for waste management. If local authorities can provide public waste disposal facilities for all types of waste, why not used vapes?
“Whilst I am sure vaping manufacturers and retailers could be encouraged to partner with local authorities to create more public collection points for vape waste, the industry can’t just put such facilities on streets and in parks, as is required. We need all the players in the vape waste ecosystem to be joined up if we are to protect both the environment and the health of former smokers.”
“Currently, a significant volume of used vaping products are being wrongfully disposed of in the general waste bin and ultimately end up at landfill,” said Steward Price, head of producer responsibility services with Waste Experts. “This powerful data demonstrates that much more needs to be done to educate consumers on the correct disposal of their waste vapes and reinforces the need for a much stronger collection and recycling infrastructure for this challenging waste stream.”
March 15, 2024
Belarus Bans 47 Vape Brands for High E-liquid Levels

Image: natatravel
Belarus’ State Committee for Standardization has banned 47 types of electronic cigarettes from sale, reports Novosti.
In January and February, authorities in the Gomel region identified traders that were selling electronic smoking systems that failed to comply with legislative requirements. Some vapes exceeded the permissible nicotine level of 20 mg per ml, while others lacked health warnings, declaration on usage limitations and expiration dates,
Many of the vapes were sold without documents proving compliance and safety of the product.
The dangerous products were withdrawn from sale, and authorities have taken administrative measures against their sellers.
March 5, 2024
Poland Mulling Ban on Disposable E-Cigarettes

Photo: Yelena Belodedova
Polish Health Minister Izabela Leszczyna is mulling a ban on the sale of disposable electronic cigarettes, according to the Polish edition of Business Insider.
Leszczyna added that she would like to pursue the fastest possible legislative path to such as measure, given that as many as 64 percent young people in Poland had “contact” with the product.
The news comes after the United Kingdom announced a ban on single-use cigarettes in January.
Meanwhile, Poland is preparing to implement the EU directive banning the sale of flavored heated tobacco products. According to local media reports, the regulation may take effect from next year.
The EU directive prohibits the placing on the EU market of flavored heated tobacco products and removes the possibility for member states to grant exemptions for such products from certain labeling requirements set out in EU law.
February 29, 2024
FDA Warns 5 More Online Retailers for Illegal Vapes
The U.S. Food and Drug Administration has warned five more online retailers for selling flavored disposable vaping products.
On Feb. 28, the regulatory agency announced the warning letters cite the sale of disposable e-cigarette products marketed under popular brand names such as Elf Bar/EB Design/EB Create, Funky Republic, Lost Mary, Hyde, Breeze, and Cali Bars, according to a press release.
“Protecting our nation’s youth from the harms of tobacco products is crucial to our center’s public health mission,” said Brian King, director of FDA’s Center for Tobacco Products. “We’re committed to continuing to use a data-driven approach to identify and prevent the sale of unauthorized tobacco products and to take compliance and enforcement action when appropriate.”
February 28, 2024
More Penalties for Unauthorized Elf Bar Sales

Photo: mehaniq41
On Feb. 26, the U.S. Food and Drug Administration announced the filing of complaints for civil money penalties (CMPs) against 20 brick-and-mortar retailers for the sale of unauthorized Elf Bar e-cigarettes. The FDA previously issued each retailer a warning letter relating to their sale of unauthorized e-cigarettes. However, follow-up inspections revealed that the retailers had failed to correct the violations, and the agency is now seeking the maximum penalty amount of $20,678 for a single violation from each retailer.
Including these complaints, the FDA has filed more than 100 CMP complaints against retailers for the illegal sale of Elf Bar e-cigarettes. Data indicate these products are appealing to youth. According to the 2023 National Youth Tobacco Survey, Elf Bar was the most commonly used brand among U.S. youth e-cigarette users; among middle and high school students who reported using e-cigarettes in the past 30 days, more than half said they used Elf Bar products during that period.
“These retailers have not adequately addressed the violations noted in previous warnings from FDA regarding the sale of unauthorized e-cigarettes,” said Brian King, director of the FDA’s Center for Tobacco Products. “Their continued failure to comply with the law is inexcusable, and as is evidenced by today’s actions, we’re committed to holding them accountable for it.”
As of Feb. 15, the FDA has issued more than 440 warning letters to and filed 100 CMP actions against retailers, including brick-and-mortar and online retailers, for selling unauthorized tobacco products. In addition to actions involving retailers, the FDA has issued more than 660 warning letters to manufacturers, importers and distributors for illegally selling and/or distributing unauthorized new tobacco products, including e-cigarettes. The agency has also filed CMP complaints against 50 e-cigarette firms for manufacturing unauthorized products and sought injunctions in coordination with the U.S. Department of Justice against seven manufacturers of unauthorized e-cigarette products.
February 27, 2024
Scotland Closer to Banning Disposable Vapes
The sale and supply of single-use vapes in Scotland could be banned by the start of April 2025.
It follows a UK-wide consultation last year, with the date agreed by the devolved governments and Westminster.
The draft legislation – which is open for consultation until March 8 – is being taken forward in Scotland using powers under the Environmental Protection Act 1990, according to media reports.
The age limit for buying tobacco would also change under UK government plans.

Disposable vapes to be banned using devolved powers
Disposable vapes to be banned for child health
‘Massive’ increase in young Scots vaping, MSPs told
Each nation has introduced separate legislation banning the sale and supply of disposable vaping products.
Circular Economy Minister, Lorna Slater said the Scottish government was committed to reducing vaping among non-smokers and young people and tackling their environmental impact.
February 26, 2024
Contemplating the Fallout of a UK Disposable Ban

Photo: bennyrobo
What will the U.K.’s ban on disposable vapes mean for the next-generation nicotine industry?
By Paul Hardman
Prime Minister Rishi Sunak recently announced that the U.K. government would ban disposable vapes as part of its plan to tackle the rise in youth vaping. The new measures come as the government responds to a recent consultation on smoking and vaping, which, it says, indicated “overwhelming support” for a ban on disposables. What does this decision mean for the next-generation nicotine industry? And what may come next?
As well as banning disposable vapes, the U.K. government will implement new powers to restrict vape flavors, introduce plain packaging and change how vapes are displayed. As part of the measures, the government is introducing new fines for shops in England and Wales that sell vapes illegally to children, with Trading Standards officers able to hand out fines on the spot on top of the up to £2,500 ($3,155.58) fines that local authorities can already issue.
The government may use powers already established under the Environmental Protection Act to enforce the ban, which is expected to come into force at the end of 2024 or early 2025.
Tackling Youth Access
Back in 2019, the U.K. government launched its Smoke-Free 2030 ambition, which seeks to reduce tobacco smoking prevalence to below 5 percent by the end of the decade. Alternative methods of accessing nicotine, including vapes, are critical to achieving this smoke-free vision. However, the government’s position on vaping has come under increased scrutiny, partly because of a recorded growth in youth uptake.
According to an ASH survey, titled “Use of e-cigarettes (vapes) among young people in Britain,” in March/April 2023, the proportion of children experimenting with vaping had grown by 50 percent year-on-year, from one in 13 to one in nine. In 2023, 20.5 percent of children had tried vaping, up from 15.8 percent in 2022 and 13.9 percent in 2020. Popular flavors among respondents included fruit (60 percent) followed by sweet or soft drinks (25 percent).
The government reports that disposable vapes have been “a driving force behind the alarming rise in youth vaping, with the proportion of 11[-year-old] to 17-year-old vapers using disposables increasing almost ninefold in the last two years.” Some may feel that this trend has been driven by their convenience—they can be purchased, used immediately and discarded. It could also be due to their affordable prices, bright colors and flavor appeal. However, this convenience is important for offering smokers a safer, accessible alternative to combustible cigarettes. Therefore, a balance must be struck.
On the other hand, pod-based systems are generally less convenient as these often require charging before use. Typically, pod-based systems carry a higher price tag for the whole system than a disposable product, and investment into a certain type of system is therefore required. Once the device has been selected, the user is tied to a particular range of pods. A consumer opting for the more expensive tank-type e-cigarette will need to navigate changing coils and different e-liquid types and strengths, making these more complex than using a disposable vape.
In our experience, disposable products also tend to contain the highest allowed concentration of nicotine, 20 mg per milliliter, in the form of nicotine salts, which have been shown to be absorbed more rapidly than nicotine freebase and may result in greater nicotine dependence than products with slower uptake.
The report also references the environmental impact, mentioning that 5 million disposables are discarded each week, the equivalent to the lithium batteries of 5,000 electric vehicles. These are stark figures and put the environmental impact into context.
The Impact of the Measures
Though the measures are specifically designed to tackle youth vaping, there will naturally be an impact on the industry as a whole. We may see surging youth popularity for modern oral nicotine pouches, new product categories emerging or a trend toward heated tobacco. It is important that these products do not follow the same path as disposable vapes in terms of youth appeal so that their access can be retained for adult smokers wishing to quit combustible cigarettes. This means robust regulation, regulatory enforcement and responsible behavior from manufacturers and retailers.
Manufacturers of disposable vapes will now be looking for ways to engineer their products so that they can remain on the market. The technology used in disposable vapes is not necessarily disposable; the batteries are capable of many charge cycles, and it would not be difficult to engineer replaceable tanks. It may be that disposables manufacturers switch to reusable systems, such as pod-type vapes, and keep the look and taste as similar as possible to current products. The “new powers to restrict vape flavors” may be important in ensuring these amended devices are not as appealing to children.
The government will need to set out a legal definition of disposable vapes and clarify how the ban and restrictions will be implemented. For instance, at this stage, it is unknown whether there will be any additional requirements regarding the notification process and whether manufacturers must submit additional product information to remain compliant with the Tobacco and Related Products Regulations 2016 (TRPR).
Unless more detail is provided in the legislation, loopholes could appear that manufacturers and retailers might seek to exploit. For example, it is illegal to sell vapes to under-18-year-olds in the U.K., but retailers could still give out disposables to children as free samples. Following recommendations by the Khan review, in April 2023, the government announced that it would be closing this loophole.
There are concerns among U.K. ministers that some manufacturers may adapt their disposable vapes to circumvent the ban. According to The Guardian, ministers are “eliminating ruses such as attaching charging points to them [disposable vapes].” Interestingly, when asked about manufacturers adding USB charging points to unrefillable vapes to avoid the ban, Health Secretary Victoria Atkins commented: “That’s incredibly cynical [to ask], and it shows, if you like, the battle that the government is prepared to take on.”
There are also concerns that on-the-spot fines will not be sufficiently high to prevent unscrupulous retailers from selling to under-18-year-olds. After all, it is currently illegal to sell any e-cigarette to youth, but the problem prevails. With £30 million announced to fund HM Revenue and Customs, Border Force and Trading Standards, it will be interesting to see if the amount is sufficient to tackle the issue of illegally imported and sold products.
It will also be interesting to see if any further measures are introduced for products popular with young people, perhaps to target reusable vapes that are specifically designed to look like something else a child might have on their person, such as a highlighter pen or mascara.
Nicotine Pouches as “Vaping Alternatives”
The government mentions that “Vaping alternatives—such as nicotine pouches—will also be outlawed for children who are increasingly turning to these highly addictive substitutes.” While introducing an age restriction is a sensible move, we will have to wait to see what additional regulations will follow for nicotine pouches. For example, whether there will be a cap on nicotine strength and a sensible approach to flavors/graphics and advertising—the sorts of restrictions that ought to be in place for all consumer nicotine products may help reduce youth appeal.
It is important that nicotine pouches do not fall into the same traps as disposable vapes did. These products can be considered one of the lowest risk consumer nicotine products available, and their access must be maintained to aid adult smokers working to quit or reduce smoking.
Where Manufacturers Can Go from Here
In a letter to the Prime Minister, the U.K. Vaping Industry Association expressed its “profound dismay and disappointment” with the decision to proceed with a disposable vape ban. According to the letter, “This decision jeopardizes the significant progress made in reducing smoking rates in the U.K. and poses a threat to the well-being of millions of adults who have successfully quit smoking with the help of vaping.”
However, it’s possible that a disposable ban could leave a gap in the market for tobacco harm reduction products that are not youth-appealing but appeal to smokers and are sufficiently effective in their nicotine delivery and taste to substitute traditional combustible cigarettes. Of course, all new consumer products will need to comply with the TRPR as well as the new measures that ban disposables, standardize packaging and restrict flavors.
The Medicinal Pathway
As the consumer nicotine market faces greater restrictions, we may see a growing number of manufacturers working to get their vapes approved as medicinal products in the U.K. As part of the U.K. government’s vision for a smoke-free future, the Medicines and Healthcare products Regulatory Agency is actively looking to approve e-cigarettes as nicotine-replacement therapies. If licensed as a medicinal product, e-cigarettes do not need to comply with the TRPR limits, such as the 20 mg per milliliter limit on nicotine concentration. The medicinal product route also makes products exempt from the new measures simply because they are not consumer nicotine products. However, the various requirements around marketing and advertising of medicines would apply instead.
By following the Marketing Authorization Application (MAA) approval pathway, manufacturers can bring flavored, higher concentration nicotine e-cigarettes to U.K. smokers but with a more controlled marketing infrastructure that limits youth access. For instance, products that receive a marketing order under a General Sales license are subject to the same sales restrictions as over-the-counter pharmaceutical products like paracetamol, preventing minors from buying them.
The medicinal product route gives smokers wishing to quit the confidence that the product has been developed, manufactured and tested to strict medicinal standards. With the ability to use higher concentrations of nicotine, there is the potential to make a product more effective in terms of nicotine delivery compared to consumer products.
Early in an MAA application, manufacturers can partner with a scientific and regulatory compliance partner to support them through the process, from product design to regulatory approval, to improve their chances of success.
Summary
Backed by “overwhelming support,” the new ban on disposables is not without reason but not an approach Broughton advocates. As observed with other products and also reflected by the vaping industry in the U.S., prohibition is rarely effective and could set a dangerous precedent for the entire category. We agree with the sentiment of the new measures with regard to youth access but believe more detail is needed to prevent exploitation and to reassure manufacturers on how they can remain compliant with the TRPR and other relevant standards. Meanwhile, a blanket ban on disposables could spur innovation and the development of new medicinal products but only if manufacturers can access the right support.
Broughton is modifying its compliance framework as new regulations develop to ensure that its nicotine consulting service complies with the latest guidance. To find out how this framework can support you, visit the Broughton website, www.broughton-group.com.
Paul Hardman is a managing consultant at Broughton, an independent life sciences contract research organization offering analytical testing services integrated with scientific consultancy and global regulatory support.

February 12, 2024
France Moves Closer to Disposable Ban After Vote

Credit: Daboost
France has moved one step closer to a ban on disposable vapes. The Senate voted unanimously Wednesday to ban pre-filled, disposable e-cigarettes.
“The marketing of these products is intended to attract young people with colors, fruit [flavors] and aromas, and low price,” Labour and Health Minister Catherine Vautrin told the chamber.
While the Senators approved the law, they modified the National Assembly’s text to clarify the ban, according to media reports.
The text would ban the “manufacturing, marketing, sale, distribution or offering for free” of the products and prohibit owning them with the intent to sell or distribute them, with a fine of up to €100,000 ($108,000).
The two chambers will now need to combine their text and approve that version before it is sent to the European Commission, which will have six months to hand down an opinion.
The government has said it hopes the ban will come into effect in September.
Meanwhile, vaping and other recent smoking innovations are expected to be high on the agenda as country representatives gather in Panama City on Monday, tasked with revising the World Health Organization Framework Convention on Tobacco Control (FCTC), the first treaty ever adopted under the auspices of WHO, entered into force.
February 9, 2024