Edinburgh Stores Caught Selling Banned Vapes: Illegal Disposables Exposed!

A covert investigation has uncovered that despite a ban, disposable vapes are still being sold, with shopkeepers fully aware of their illegality.

Single-use vapes continue to be sold in Edinburgh, despite a nationwide ban implemented over a month ago.

The Local Democracy Reporting Service successfully purchased seven of these items from different locations around the city, with many stores displaying them openly.

Several employees admitted the illegality of these sales when questioned by a covert journalist, with one remarking that customers preferred them for their flavor.

Some retailers mentioned they were attempting to deplete their existing stock, whereas others claimed ignorance of the ban.

The prohibition, instituted by the Scottish Government on June 1st for reasons of public health and environmental protection, was also enforced in England, Wales, and Northern Ireland on the same day. However, Scotland’s implementation was delayed by two months to synchronize with the rest of the UK.

Announced early in 2024, the ban provided time for manufacturers and retailers to adjust. Under the new law, legal vapes must be rechargeable, and both the vape liquid and heating elements should be replaceable.

In response, vape manufacturers have developed new products that resemble the previous disposable models but include features such as charging ports and replaceable pods for the liquid and heating elements.

Local governments are responsible for enforcing the ban. However, a council report in May indicated that Edinburgh’s trading standards team would require additional resources to investigate disposable vapes without compromising other services.

After noting several shops still stocking disposable vapes weeks post-ban, undercover test purchases were conducted throughout the city.

In one prominent city center store, upon inquiry about the availability of disposable vapes, the cashier presented ten such items, allowing us to select from them. He recognized their illegality but noted a customer preference for the taste of these older models compared to the refillable versions now being marketed.

Returning days later, the same shopkeeper denied having sold the vape and claimed the store did not stock non-compliant products.

At a convenience store on the Southside, a cola-flavored Elf Bar was readily available from the shelf. The cashier confirmed its illegality when questioned and mentioned difficulties in acquiring refills for the new legal versions, criticizing the law’s effectiveness without available refills.

Similar situations were encountered at two more city center newsstands, where we purchased a peach ice SKE bar and a cherry cola Elf Bar, both disposable.

One retailer commented on the scarcity of refill pods, stating their suppliers did not carry them.

Confusion about the legality of products was apparent at another city center newsagent, where a purchase of a pineapple peach mango Elf Bar was initially thought to comply with the new regulations, as the shopkeeper believed the pods could be replaced. However, upon opening the product, no charger or removable refill pods were found.

Upon returning, another employee also mistakenly thought the product was legal, having received these non-compliant items in a recent shipment.

Two additional shops in the city were also found openly selling non-compliant vapes.

None of the seven stores responded to requests for comment by the publication deadline.

Most shops declined to provide receipts for the purchases, with some citing a lack of receipt paper and others offering no explanation.

The Local Democracy Reporting Service has forwarded its findings to Edinburgh Council’s trading standards team for investigation.

We also checked some chain supermarkets for vapes and found one, the Sainsbury’s on Shandwick Place, stocking disposables. However, when attempted to be scanned at the register, the cashier’s terminal would not process the item, leading him to remove the remaining stock from the shelves.

A Sainsbury’s spokesperson emphasized the company’s commitment to responsible retailing and compliance with the ban.

A Scottish Government spokesperson stated that local authorities are responsible for enforcing the vape ban, with day-to-day actions carried out by trading standards officers.

Alexandra Connell, chair of the Society of Chief Officers of Trading Standards in Scotland, highlighted the need for more support for trading standards teams, suggesting that intercepting non-compliant products at the border might be more cost-effective than removing them from stores.

She noted the challenges and expenses involved in identifying illegal vapes, which sometimes require disassembly to verify the absence of rechargeable batteries despite having charging ports.

Disposing of these vapes also poses difficulties due to their lithium batteries, which necessitate proper recycling.

Edinburgh Council’s spokesperson reiterated that selling single-use disposable vaping devices is a criminal offense and outlined potential actions by trading standards officers, including seizure of items and issuance of penalties.