How easy it is to buy illegal vapes in Britain: Shocking video shows undercover investigator buying banned devices from stores in constituencies of top Labour MPs

Oct 29, 2024

By Megan Howe 13:07 26 Sep 2024, updated 08:32 29 Sep 2024

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Illegal vapes are being sold at an alarming rate in top Labour MP's constituencies, as some sellers have openly admitted to breaking the law, an investigation has found.

Founder of campaign group WeVape, Mark Oates, went undercover in the London constituencies of Prime Minister Sir Keir Starmer and Health Secretary Wes Streeting to see how many illegal vapes he could purchase over the counter.

Within forty minutes, Mr Oates had bought four illegal devices — those of super strength with double the legal tank sizes, which are often marketed at children.

Some illegal vapes boasted 7,000 puffs — the equivalent of smoking 460 cigarettes — compared to the 600 to 1,000 puffs produced by a compliant vape.

The group, which campaigns for the rights of vapers, said video footage proves government plans to introduce further vaping restrictions were pointless because authorities are not enforcing the laws which are already in place.

When asked, Mr Oates said some vape sellers openly admitted they were breaking the law, but they were making several hundred pounds per day.

Not only that, but they were operating without fear of punishment, highlighting a 'shocking failure of enforcement' by Trading Standards.

Mr Oates said: 'The black market in illegal vapes is rampant and it is clear Trading Standards are already overwhelmed. If the current law isn't being applied, there is no chance they can enforce new ones introduced by the Tobacco and Vapes bill.'

Mr Oates has written to Wes Streeting with his findings.

He added: 'These non-compliant devices I was able to buy should never have got onto the shelves.

'There should be a legal requirement for all vapes to be tested and certified as compliant with UK law before they are allowed to go on sale and it is shocking this isn't already the case.'

Video footage, taken in Angela Rayner's Greater Manchester constituency of Ashton-under-Lyne, showed the confidence traders have in not being spot checked by Trading Standards.

Mr Oates can be seen asking for 'big puffs' — aka large tank sizes. A legal 2% tank will generate approximately 600 puffs, while Mr Oates was immediately offered vapes with 8000 and 12000 puffs, as well as devices with the 5% strength vapes — 2.5 times the legal limit of 2%.

When asked if he had other devices, the trader invited the campaigner behind the counter where he showed off a treasure trove of illegal products. Some offered 20,000 puffs, the equivalent of more than 1300 cigarettes.

During the purchase, the trader even warned his customer 'be careful with them... some people think they are too strong. Too much... makes you dizzy.'

Mr Oates added: 'The fact that we could buy illegal vapes so quickly across Greater Manchester and London, within a stone's throw of the Prime Minister, Deputy Prime Minister and Health Secretary's own constituency headquarters shows why they need to act on this while they have the chance.

'The government needs to take back control of vaping. They don't even know what's in the vapes that are on sale in this country. Pre-market testing should be a mandatory requirement. Right now, anyone can sell vapes, unlike alcohol or cigarettes, which need a licence. We need a vape licence that can be taken away if shopkeepers are caught selling illegal vapes. If you abuse it, you lose it. '

Angela Rayner is regularly seen with an e-cig, and has boasted her children call her 'The Vape Dragon', due to her love of vaping. She was pictured sucking on the devices during her recent party trip to Ibiza with pals.

Speaking to the comedian Matt Forde at the Edinburgh Fringe Festival, Ms Rayner said that she had just returned from a holiday in Spain where she had been drinking from mid-afternoon to sunrise the next morning with little food and only the occasional glass of water.

She said her children call her 'The Vape Dragon' because she cannot give it up. She added: 'Vaping is probably really bad for you and I will find out one day, but yeah I enjoy a good vape.'

In one store, a WeVape campaigner was seen asking for the notorious 'Hayati Pro Ultra', which often exceeds the maximum allowable nicotine strength of 20 mg/mL and tank capacity of 2mL, mandated by UK law.

The trader immediately asks whether the buyer wants 15,000 puffs or 10,000 — both illegal — and pushes open a lockable cupboard under the legally compliant vapes display.

Dozens of black market devices are seen before he selects the Hayati and casually asks: 'Which flavour do you want.'

Within seconds the trader offers 'Blue Razz Gummy Bears' — non-compliant vapes that stand accused of being designed to appeal to children.

When asked for another vape — a 'Cola Ice Pro Max 4,000 puffs' — the trader quickly steps to another concealed stash of illicit devices, hidden in a lockable slide door cupboard away from the legal, on display items.

Mr Oates said: 'I am staggered at the blasé way these products are sold. But there is an opportunity for government to address this with the Tobacco and Vapes Bill.

'We need a licensing scheme for vape retailers, as we do with alcohol, which would ensure those selling illegal vapes or caught selling to children can be stripped of their licence.'

It's illegal to sell vaping products to anyone under 18, and adults can't buy them for under-18s. Retailers must verify the age of customers before making a sale.

Vape cartridges must not contain more than 20 milligrams of nicotine per milliliter and they must not hold more than two milliliters of liquid.

Vaping is generally permitted in public areas, unless a specific establishment has banned it.

Many venues have their own policies on vaping. Some venues ask customers not to vape because of the smell or the possibility of confusion with cigarette smoke.

THC vape juice: THC vape juice is illegal in the UK. CBD vape juice: CBD oil is legal to sell in the UK, but it must contain no nicotine or detectable THC

Wes Streeting has promised to come down on the vaping industry 'like a tonne of bricks' and to ban flavours popular with kids. But campaigners have warned removing flavours will lead many smokers back to cigarettes.

Research from Bristol University showed nearly 39% of smokers transitioning to e-cigs would 'smoke more or not quit', and 14% of ex-smokers who vape would 'relapse to smoking if their preferred flavour was restricted.'

The investigation followed polling commissioned by We Vape, which made for sobering reading for Labour.

Britain in Focus polled 2,775 adults in the UK on the biggest issues facing the country, public health and attitudes to vaping.

Just 14% of the public think Keir Starmer is focusing on the right priorities, while only 37% of Labour voters think the Labour Government is focusing on the right priorities.

It also showed 40% of vapers plan to defy a ban on flavoured vapes, while 24% of Labour voters who vape saying a ban on flavours would make them less likely to vote Labour.

The poll revealed over a third of vapers in the UK today say they would ignore a ban on flavoured vapes, saying they would continue to buy them online, from abroad or elsewhere.

It showed 5% would create their own vapes in order to get around the ban on flavours while 11% of vapers would go back to smoking if flavours were reduced.

Mr Oates said: 'The Prime Minister and Health Secretary need to understand many of their core voters smoke or are trying to quit through vaping.

'This is a key issue and can sway votes if people feel they are being ignored on matters like flavours and the importance of them to smokers trying to make the switch to vaping.'

'Further restrictions will mean an increase in black market activity, which we have seen is already out of control, and drive ex-smokers who vape back to cigarettes.

'Pre-market checks on vapes by the MHRA, a self-funding Vape Licensing Scheme, that protects children and a protection of flavours to stop vapers from returning to cigarettes will have far more impact on cutting down smoking than banning it outside pubs.'

A Department of Health and Social Care spokesperson said: 'Manufacturers and producers have a responsibility to ensure vapes are safe to use and fully comply with regulations.

'Local enforcement agencies are taking strong action to tackle illicit vapes. The government is providing £3 million over two years to specifically enhance the work to tackle the illicit vape market.

'The Tobacco and Vapes Bill will further strengthen enforcement activity, allowing Trading Standards to take swifter action to enforce the law, including on non-compliant products, and closing loopholes.'

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