The ACS has issued guidance clarifying the details of 1 June disposable vape ban as confusion continues over retailers’ obligations to sell refill pods and maximum allowed e-liquid tank sizes, less than two weeks before the ban comes into force.

The guidance, which can be read here, addresses multiple aspects of the ban, including how to tell if a vape is compliant after 1 June. On this, it says: “In time, the MHRA website which lists all of the vapes that are legal for sale in the UK will be updated to only show products that are compliant with the ban, but we have been informed that this may not happen on day one. The best way to check if the vapes you have in stock are compliant with the ban and legal for sale in the UK is to follow the ACS Assured Advice on selling vapes here.”

SGF updates retailer guidance ahead of disposable vape ban

Confusion over tank capacity continues

The guidance comes after Rishin Patel, of Tony’s Coombe Lane in South London, told Better Retailing his elderly father was left “shaken up” when Merton Trading Standards officers told him to dispose of £1000 of compliant stock, based on a misunderstanding of legal restrictions about vape liquid tank capacity.

When approached for comment on the incident by Better Retailing, a Merton Council spokesperson said that advice given by the officers “did not refer to [Patel’s] 600 puff products” but rather vapes containing “4000 to 6000 puffs,” which they called “ten times the legal limit.”

This is despite 600 puffs being only an approximation of restrictions of nicotine liquid tank sizes to 2ml, a law which has several legal workarounds, including multi-tank vapes with far higher legal puff counts.

Clarifying the legislation’s stipulations about maximum tank capacity, the ACS guidance says: “Before June 1st, for disposable vapes, the typical number of puffs for a 2ml device is around 600 which is a good rule of thumb to see if they’re legal for sale in the UK. However, for refillable/rechargeable devices, while the tank size remains 2ml, the maximum size of refill containers is 10ml of vape liquid which provides a significantly higher total usage. From June 1st, only rechargeable / refillable devices will be legal, so the 600 puff limit is no longer relevant.”

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Shops recommended to sell refill pods

The guidance also clarifies the prevailing impression that retailers are legally required to sell refill pods after 1 June. Explaining the terms of the ban, the guidance explains that “must be available on the market, but they do not need to be sold at the same place that the device itself is sold”. However, both the ACS and Defra said this week that shops are strongly recommended to sell refill pods to allow refillable devices to be easily proven to be compliant.

Regarding leftover disposable stock after 1 June, the ACS says: “The most important thing to do with any remaining stock is to ensure that it is removed from the shop floor on June 1st and clearly labelled as not for sale where it is being stored. Some vape suppliers and wholesalers are allowing retailers to return unsold disposable vapes, but otherwise they will have to be recycled. Speak to your vape supplier for more information on what facilities they’re offering, if any.”

A Vape Regulations webinar that will equip retailers with insight and guidance on operating a profitable next-gen categories post-disposable vapes ban will take place this month, organised by Better Retailing’s publisher Newtrade Media. Retailers can register here.

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