Tobacco and Vapes Bill: Retailer predicts black market surge and smoking increase

VPZ, a leading vaping retailer, has warned that measures being proposed in the Tobacco and Vapes Bill could lead to a surge in the black market and also drive people back to smoking.

The bill passed its first Commons hurdle by 415 votes to 47 late November and MPs are set to reconvene on 30 January to vote further, before it progresses to the House of Lords.

Plans being proposed include a restriction on vape flavours, the introduction of plain packaging and further restrictions on advertising and promotions.

VPZ said it supports measures in the Bill to tackle youth vaping, including restrictions on naming, packaging, and marketing. However, it noted that flavours are crucial for smoking cessation, and restricting them risks harming adult vapers, driving a return to smoking, and undermining the UK’s 2030 smoke-free goals.

The retailer also pointed to the surge in Australian black market after laws were introduced in October last year where only pharmacies are allowed to sell vapes, with flavours restricted to menthol, mint or tobacco.

“We fully welcome any measures and have campaigned heavily to introduce policy that will tackle youth access – however the plans within the Bill will ultimately fail and damage our smoke free ambitions,” Greig Fowler, director at VPZ, said.

“Studies show that flavoured vapes have been instrumental in helping smokers’ transition away from traditional tobacco products.

“Further research from Public Health England also found that over 80 per cent of adult vapers prefer flavoured options to reduce cigarette cravings and avoid relapse.

“This undeniable evidence shows that reducing flavour options has the potential to push adults back to smoking, reversing the huge progress we have made in the government’s smoke-free goals and raising healthcare costs for smoking-related illnesses.

“Restricting flavoured vape products also risks the growth of an unregulated and illegal black-market which poses significant health and social dangers.”

VPZ, which has over 180 stores in the UK, said it has helped over a million smokers quit since it was established in 2013.

The retailer added that it has been “alarmed” at the speed of the Bill and the “lack of any meaningful engagement” with industry from the UK government.

It has written to all MPs across its network and begun a programme of local store-led engagement to highlight concerns and make recommendations that include a licensing and controls regime, age verification laws, tackling the illicit black market, and public education on vaping versus smoking.

Latest data from Local Data Company (LDC) shows that at the end of 2024, there were 3,573 vape specialist stores nationwide. According to Statista, in 2023 there were approximately 50,000 other outlets selling vape products through various channels, including supermarkets, candy stores, toy shops, barbers, and butchers, however, that figure was feared to be considerably higher last year.

The retailer would like to highlight that many of these non-specialist stores lack professional services, proper age-gating, and are frequently involved in selling both illicit and legal so-called ‘Big Puff’ devices to underage customers, further highlighting the necessity for greater licensing and control.

VPZ has also aimed to advise policy makers on the rise of ‘Big Puff’ disposable vapes, which threaten to bring a new youth vaping epidemic and even greater damage to the environment.

The imported products are exploiting a loophole in regulations to create a new single-use vaping product ahead of the disposables vape ban which comes into force in June 2025.

Fowler continued: “We have campaigned for over three years for a licensing and controls regime and have pioneered a check 25 policy to ensure that vaping products are targeted towards adult smokers and vapers.

“Access remains the overriding challenge and we need to strengthen penalties for retailers who sell to minors rather than restricting products for adults who rely on flavours for smoking cessation.

“It’s vital that we improve enforcement to curb the sale of illegal, unregulated vape products that pose health risks and avoid taxes. A current example of this are the illegal ‘Big Puff’ devices that are flooding the market and creating an even bigger and more damaging single-use product ahead of the disposables ban.

“Furthermore, we believe that there must be investment in public education to highlight the benefits of vaping over smoking to ensure that it meets it potential as the most effective stop smoking tool.”