Vape sector questions BAT compliance data

"BAT's request for the de-listing of products to meet the aim of compliance could risk vapers returning to smoking"

A vaping trade body has questioned data from BAT, claiming that all major disposable vapes are illegal.

Last week, Better Retailing, revealed nearly 50 pages of product testing data by the tobacco manufacturer urging wholesalers to stop selling products it claims are failing to comply with the 2ml e-liquid limit.

The document said it had commissioned “independently accredited laboratory” testing on Elfbar 600 products purchased from supermarkets and independent retailers between 6 September 2021 and 7 March 2023.

Evidence suggested that the tested products “contained significantly more than the legal limit of 2ml of nicotine-containing e-liquid from 2.76ml to 3.88ml, with an average overfill of 58%”.

Testing was also conducted at the same lab on Lost Mary, Found Mary, IVG Bar, Klik Klak, SKE Crystal, Smok Mbar Pro and Solo disposable vapes. Test results for all these brands showed illegal levels of e-liquid.

Since, the Independent British Vape Trade Association (IBVTA) has expressed its concern over the potential fall-out from the news. A statement it published read: “The IBVTA is becoming increasingly concerned that the tobacco industry and its affiliates are using this minority non-compliance to build a narrative that the independent vape industry cannot be trusted. Furthermore, we are concerned about the way this is being done; at times using incorrect terminology for enforcement actions, overstating the risks associated with over-filled products, and misrepresenting the remits of regulators, enforcement agencies and industry players.”

It added: “Any claim that BAT have made about commitment to reduced harm should now be questioned. Their request for the de-listing of products to meet the aim of compliance could risk vapers returning to smoking. No matter how small that proportion, BAT are directly requesting action that can and will cause tobacco harm.”

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