Are disposable vapes being banned in the UK?

"This article was last updated on 24th October to reflect UK Government announcement that single-use vapes will be banned in England and Wales from June 1, 2025"

Disposable vapes became an instant hit, with many vapers adopting them for their convenience and ease of use. This success saw the market explode, with up to 7.7 million sold every week.

The sheer popularity of disposable vapes has ensured that they’re a hot topic within the industry, with issues such as illicit market vapes, underage vaping and environmental impact coming to the fore.

The previous Conservative Government, which describes disposable vapes as ‘those that are not rechargeable, not refillable or that are neither rechargeable nor refillable’, were considering a variety of ways to tackle these challenges, and had announced plans to ban disposable vapes in the UK.

Are disposable vapes being banned?

Yes, although the regulations need to be voted on in Parliament before they can pass into law, it is extremely likely that on 1st June 2025 disposable vapes will be banned in the UK.

The previous Tory Government had made it clear that their intention was to ban the supply and sale of disposable vapes, however following the general election there was uncertainty as to whether the ban would proceed. Unlike the Tobacco and Vapes Bill, which now has to be reintroduced, the proposed disposable vapes ban was secondary legislation to be brought in under The Environmental Protection Act. This means it follows a different path, and as the statutory instrument had not been tabled before the call for a general election.

On 24 October 2024 the new Labour Government announced that The Environmental Protection (Single-use Vapes) (England) Regulations 2024 draft regulations have been tabled to be voted on in Parliament. Once voted on, if the regulations pass they will be brought into force on 1st June 2025, and the Welsh Government have confirmed they intend to follow this same timeline. It is expected that both Scotland and Northern Ireland will adjust their current timescales to align with this new date also.

The Government first announced plans to ban disposable vapes in the UK on 29 January 2024, and this would have included England, Scotland, and Wales, and may have also been considered in Northern Ireland.

The aim of this ban is to tackle youth vaping and protect the environment from the harms that single-use vapes can pose, although many are disappointed with the decision feeling that it was a knee-jerk reaction that does not proportionally balance the need to tackle youth vaping with the need to provide adult smokers and vapers with the stop smoking tools they need to quit smoking and remain smoke-free. Not only this, but it could have a substantial negative effect on the UK's economy and job market.

UK Government draft regulations

On 11 March 2024 the Department for Environment, Food and Rural Affairs (DEFRA) published a draft of The Environmental Protection (Single-use Vapes) (England) Regulations 2024 Statutory Instrument alongside an accompanying draft Explanatory Memorandum. Because the proposed ban would be introduced using powers from the Environment Act, the policy background takes a primarily environmental impact view on the need for the ban, however the concerns of underage vaping are also addressed.

These two draft documents outlined the proposed ban on the supply and sale of both nicotine-containing and nicotine-free disposable vapes, providing the scope, framework, and proposed penalties for the ban. While the draft from the UK Government would use the same Environment Act to impose the ban, the penalties their draft proposes are much more detailed and complex than those in the Scottish draft, and includes fixed monetary penalties and compliance notices, stop notices, and non-compliance penalties.

The draft also goes further to outline the definitions of single-use vapes, which are explained as any vape which is:

• (a) not refillable
• (b) not rechargeable, or
• (c) not refillable and not rechargeable

For the purpose of (a) and (c), a vape is not refillable unless:

• it is designed to include a single-use container which is separately available and can be replaced, or
• a container which can be refilled

For the purpose of (b) and (c), a vape is not rechargeable unless if it is designed to contain

• a battery which cannot be recharged, or
• a coil which is not intended to be replaced by the user in the normal course of use, including any coil which is contained in a single-use cartridge or pod which is not separately available and cannot be replaced.

These draft regulations were open to consultation until 25 March 2024, and the statutory instrument specifies that it will follow affirmative procedure, meaning it must be approved by both Houses of Parliament in order to come into law. Parliament was prorogued on 24 May 2024 and the statutory instrument had not been tabled.

The new draft has now been tabled and includes an updated date of 1st June 2025 as to when the ban will come into effect, and Wales have announced this same date for their own ban. These regulations are yet to be voted on in Parliament, but it is expected that this will happen quite quickly.

Scottish Government draft legislation

On 23 February 2024 the Scottish Government published their draft legislation entitled 'The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024', which was open for consultation until 8th March. This legislation, as in England, would be imposed using powers under the Environmental Protection Act 1990, and while each individual nation within the UK needs to produce their own legislation, it is expected that the Scottish Government will change the enforcement date of their ban to align with England and Wales.

You can read our statement on the decision in our blog post ‘Evapo respond to UK disposable vape ban’.

When are disposable vapes going to be banned in the UK?

The Government have announced 1st June 2025 as the planned date for the disposable vape ban to come into force should it pass the vote in Parliament. This includes a six month period for retailers to phase out existing stock. From this date single-use vapes will be removed from shelves and will no longer be legal to buy and sell, if the regulations pass.

A press release had previously revealed that the UK Governments had worked together to agree on 1 April 2025 as the date that a ban on the sale and supply of disposable vapes would come into effect before a general election was called.

The original UK Government announcement also included plans for new powers to restrict vaping flavours, introduce standardised packaging, and regulate point of sale displays. On 20 March the Tobacco and Vapes Bill was introduced to Parliament, seeking the powers to introduce these regulations. However, the bill had not completed its path through Parliament when the call was made for a general election, and as it was not included in the two day 'wash-up' this bill has now been abandoned and will be reintroduced by the new Labour government.

Following the election, the Labour confirmed they planned to pursue the generational smoking ban, and mentioned that they hoped to 'ban vapes from being branded and advertised to appeal to children', and following The King's Speech it has been confirmed that they do plan to reintroduce the Tobacco and Vapes Bill.

The UK is not alone in its desire to address issues around underage vaping. New Zealand ushered in a variety of new regulations around vaping and smoking in June 2023, including measures such as banning the opening of vaping shops in the immediate vicinity of schools. The NZ health ministry also introduced policies around the advertisement of flavours. Ireland, Germany and France are all among EU member states also currently considering actions around the restriction or banning of disposable vapes.

The rationale behind calls for a vape ban

Convenient, affordable and lightweight, disposable vapes are incredibly popular. In some ways, they are a victim of their own success, as the high pick-up numbers have led to questions around their roles in encouraging underage vaping as well as examinations of their environmental impact.

Underage vaping

Concerns around underage vaping have been a big driving factor in discussions that have led to talks of a disposable vapes ban.

There are a number of potential legislations that could be put in place to mitigate the attraction of vaping to younger consumers, including tighter restrictions around sales and the regulation of certain designs or flavours.

Environmental concerns

In July 2023, the Local Government Association, which represents councils in England and Wales, called for a ban on disposable vapes, citing environmental grounds. It claimed that single-use vapes, such as Elf bars and Lost Mary, were a hazard for waste and litter collection. This is due to the fact that the majority of single-use vapes are designed as single units, which makes it difficult for the battery to be removed and recycled. The lithium batteries commonly used in disposable vapes can become flammable if crushed, damaged or overheated.

The Government revealed that five million single-use vapes are either littered or thrown away each week, a figure which has quadrupled in the last year.

With 1.3 million vapes being thrown away every week, their popularity is clear to see. While Cllr David Fothergill, Chairman of the LGA’s Community Wellbeing Board called for a ban as a way to reduce littering, he also said: “Councils are not anti-vapes, which are shown to be less harmful than smoking and have a place as a tool to use in smoking cessation.”

At Evapo, we understand the big benefits that switching to vaping can have for adults who’re giving up smoking. We adhere strictly to the current regulations around the sale of disposable vapes and e-liquids and are strongly focused on creating a sustainable ecosystem for vaping. For example, we offer drop-off spots in our premises, where people can safely drop off old devices or batteries for recycling, and have published information on how to recycle vaping products, including disposable vapes.

One unintended consequence on a ban on single-use vapes is that this will remove the funding and infostructure needed to recycle them. Although we hope that this ban will put an end to the illicit market for disposable vapes, it is likely that it will in fact only cause it to grow. With the facilities to recycle these vapes and the oversight to ensure they are made safely no longer available, they will likely continue to be disposed of irresponsibly with even greater consequences to the environment.

A timeline of the proposed disposable vape ban

• 11 April 2023 – An eight week ‘Youth vaping: call for evidence’ is issued in order to identify ways to reduce youth access to vape products. The Government receives 441 responses from individual citizens and organisations.
• 12 October 2023 – The ‘Creating a smokefree generation and tackling youth vaping’ public consultation is opened to responses from the general public.
• 7th November 2023 – The King’s speech announces plans for a 'Tobacco and Vapes Bill' which would give the Government new power to create legislation.
• 6 December 2023 – The public consultation was closed so that responses could be collected.
• 28 January 2024 – Prime Minister Rishi Sunak announces a proposed ban on disposable vapes, along with other measures to tackle youth vaping.
• 29 January 2024 – The full consultation outcome is published, having received 28,000 responses, and the Government outlines other measures that will be be considered.
• 23 February 2024 – The Scottish Government release draft legislation on the proposed disposable vape ban, including the agreed date of 1 April 2025 when a ban on the sale and supply will come into effect.
• 8 March 2024 - The Scottish Government consultation on draft legislation closes.
• 11 March 2024 - The UK Government publish their draft Statutory Instrument 'The Environmental Protection (Single-use Vapes) (England) Regulations 2024' and Explanatory Memorandum, outlining the scope for a ban on the supply and sale of single-use vapes.
• 25 March 2024 - The UK Government consultation on their draft regulation closed.
• 22 May 2024 - Rishi Sunak calls for a general election which will be held on 4 July.
• 24 May 2024 - Government went into prorogation, at which point the statutory instrument had not been laid before Parliament.
• 30 May 2024 - Parliament was dissolved.
• 4 July 2024 - A general election was held with the Labour party being voted into Government.
• 9 October 2024 - The All Party Parliamentary Group for Responsible Vaping launch an inquiry into the role of vaping in the UK.
• 24 October 2024 - The Government announced that the draft regulations for a ban on single-use vapes has been tabled in Parliament.
• 1 April 2025 - The previously proposed date set out in draft legislation for the ban on the sale and supply of disposable vapes to come into effect in the UK.
• 1 June 2025 - The new date set for the ban on disposable vapes to come into effect in England and Wales.

How will the government tackle the black market and enforce the new legislation?

For the disposable ban to be successful, the Government plans to introduce methods to enforce the new legislation. To facilitate a successful ban, it’s also important to tackle the black market around vaping, which operates with disregard for regulatory bodies and offers significant risks to consumers.

In the explanatory memorandum prepared by the Department for Environment, Food and Rural Affairs (DEFRA), it’s explained that local authorities and their trading standards officers will enforce a new instrument in accordance with future published guidance.  This instrument will equip the enforcers with the ability to issue:

• fixed monetary penalties
• compliance notices and stop notices
• non-compliance penalties

Criminal sanctions are also provided for where an enforcement undertaking has not been complied with.

This instrument will be introduced at least six months before the introduction of the ban, ensuring businesses have sufficient time to adapt and run-down stocks.

A focus on deterrence

The methods are focused on deterring traders from selling disposable vapes post-ban. Concerns have been raised around the fact that vaping products are already age restricted and that there’s evidence that under-age vapers are able to get their hands on devices through the black market. If the law against selling products to minors isn’t appropriately enforced, will it be possible to effectively enact a disposable vape ban?

To help tackle this and a result of their youth vaping call for evidence, the Government has committed to an additional £30 million additional funding to bolster enforcement agencies

The disposable vape ban could affect 1 in 7 young adults

The proposed disposable vape ban came right of the back of a study by University College London researchers, published in the journal Public Health, finding that disposable vapes are an important stop smoking tool for young adults aged 18-24. Based on the responses of 69,973 adults across England, Wales, and Scotland, research identified a significant increase in the amount of adults using disposable vapes. Between January 2021 and August 20.23, disposable vape use rose from 0.1% to 4.9%, and the increase was particularly pronounced among 18-24 year olds.

While use among those who have never smoked remained low in 2023 at 1.5%, the use among current smokers was 16.3% and those who had recently stopped was 18.2%.

Lead author Dr Sarah Jackson of the UCL Institute of Epidemiology & Health Care, explained:

“Our study suggests a ban on disposable e-cigarettes would affect an estimated 2.6 million people in England, Wales and Scotland.

“This group includes 1.2 million people who currently smoke and would benefit from switching to e-cigarettes completely, and a further 744,000 who previously smoked and may be at risk of relapse.”

The research team, funded by Cancer Research UK, found that a ban on disposable vapes would therefore affect one in seven young adults, and one in twenty adults overall. They also note that these numbers may well be an under-estimate, as the survey results are based on the type of e-cigarette participants reported they mainly used, so those who use disposable vapes as a secondary product would not have been captured. This suggests that, although a ban may be effective at targeting underage vaping, it could well have a significant knock-on effect for adult users.

Senior author Professor Jamie Brown further explained:

“There is a need for action to reduce disposable vaping among young people who have never smoked. However, trade-offs need to be carefully considered.

"A ban may discourage use of e-cigarettes among people trying to quit smoking and may induce relapse among those who have already used disposables to quit. Cigarettes are far more harmful to our health and are not currently banned and a ban on disposable e-cigarettes may signal to large numbers of people that these products are worse for our health or that their harm is comparable to that caused by smoking tobacco.”

The paper goes on to outline other measures that could better balance the need to prevent youth vaping, with the need to ensure adult smokers have access to effective harm-reduction products. These include prohibiting branding that is appealing to children, such as sweet names and cartoon characters, and keeping e-cigarettes in shops out of sight and reach of children.

Marcus Saxton, Chair of the Independent British Vape Trade Association, responded to these findings, saying:

“[This research] shows the critical role that single use vapes are playing in helping the 6.4 million smokers in the UK to quit and the risks of introducing bans. The vape industry stands ready to work with government to implement a proportionate regulatory regime, but introducing knee-jerk and unevidenced bans is not the solution. It’s simple – bans do not work.”

Mr Saxton expressed concerns about the effect that a single-use vape ban could have on the illicit market in the UK, explaining:

"Introducing bans on single-use vapes and flavours, will have hugely damaging consequences including making it harder for smokers to quit and will push those that have quit, back into smoking.

"Further, with an estimated third of the UK vape market comprising illicit products, any ban will simply benefit those pushing illegal and unregulated product as people seek out single-use and flavoured products from illicit sources."

Research commissioned by an IBVTA member supports this, finding that if single-use vapes were banned 38% of smokers and recent ex-smokers who are currently using e-cigarettes would either smoke more, switch back to smoking, or resort to purchasing illicit vapes. This works out to more than 1 million adult smokers and recent ex-smokers.

How will the disposable vape ban affect adult vapers in the UK?

The above research, understandably, leaves advocates such as ourselves concerned about the impact a ban would have on current vapers. 93% of Evapo customers report that they have quit or reduced smoking since getting started with a vape kit, and 75% of them point to vaping, including disposables, as a key factor for success in their stop smoking journey. However, it also raises concerns that a ban may remove or impact the choices of future vapers, who might no longer see vaping as a viable way to stop smoking.

The potential to spread misconceptions around vaping

A disposable vape ban could paint vaping in a negative light, leading to misunderstandings about the reasoning behind the legislation. This could reinforce the long-held misconception that vaping is as harmful as smoking. The 2023 Action on Smoking and Health (ASH) annual survey found that four in ten smokers (39%) in Great Britain now believe vaping is as risky, or more risky, compared with smoking.

In the same report, ASH reveals that 1.8 million smokers (27%) have never tried vaping despite the fact it’s a very effective quitting aid – and that of those 1.8 million, 43% believe e-cigarettes are as harmful, or more harmful, than smoking. What’s more, the 2024 Use of vapes (e-cigarettes) among adults in Great Britain report from ASH, found that misperceptions about the harms of vaping have risen sharply, with half (50%) of adults believing it to be as harmful or more harmful as smoking. It suggested that the rise in this misperception could be driven by significant media coverage of injuries to health in the US from products banned in the UK.

Speaking on these concerns, Marcus Saxton, Chair of the IBVTA, said:

“Banning an entire category of vapes is likely to fuel public misperceptions about the relative safety of vaping to smoking. Adults using single use disposable vapes outnumber those that are under 18 by several times. Consequently there needs to be clear messaging from government to encourage those adults not to simply revert to smoking."

Concerns for the ‘swap to stop’ scheme

Widespread misperception has raised concerns that the misconception, potentially spread by the ban, could have a negative impact on the success of the Government’s national ‘swap to stop’ scheme. This world-first, national scheme encourages smokers to make the switch to vaping by offering starter vape kits and behavioural support. It was launched in 2023, after a 2018 trial found that 60% of participants who stayed with the programme remained smokefree after a month. Read more in our coverage of the ‘swap to stop’ scheme.

We also know, from ASH’s 2024 report on the use of vapes, that more than half of ex-smokers who quit in the last five years say they used a vape in their last quit attempt, this represents 2.7 million ex-smokers, around a third of whom have since quit vaping as well.

The APPG inquiry into the role of vaping

The role of disposable vapes is one of the topics being analysed in the inquiry launched by the All Party Parliamentary Group (APPG) for Responsible Vaping in early October 24. This inquiry hopes to collate evidence, experiences, and suggestions from a variety of experts to create a report on the role of vaping in the UK.

It is hoped that this report can be used by legislators to help inform any future legislation on vaping products, including a possible disposable vape ban, to ensure that the crucial role of e-cigarettes as a smoking cessation tool is properly considered.

The poor example set by Australia’s vape ban

Selling nicotine-containing vapes has been illegal in Australia since 2021, and they were until October 2034 only available through prescriptions to help users quit smoking and manage their nicotine dependence. However, retailers throughout Australia continued to sell vaping products illegally since with minimal repercussions.

In an attempt to tackle this, the Australian Government made it illegal to import any disposable vapes into the country as of January 1^st 2024. Within just one week it was clear that this too has not been a success. The illicit market for disposable vapes in Australia has boomed, and they have remained easily accessible. One Daily Mail reporter spotted at least 20 locations selling illegal vaping products, and found that the main consequences of the new law is a significant price hike in vapes due to the increased risks in importing and selling them, and a disregard for age verification during their sale.

Brain Marlow, Director of Legalise Vaping Australia, revealed that over 90% of the vapes being sold in Australia are illicit market, and ironically, while disposable vapes have never been legal in Australia they are now more readily available than ever. Speaking on how to tackle this flourishing illicit market, he advises:

“Australia should be following the lead of New Zealand, the UK and the rest of the world when it comes to vaping laws, allow the sale of high quality vapes and regulate them in the same way we regulate other adult-only products like alcohol.

“Doing this will allow adults to access safer products that won't have sky high nicotine levels... It will also crush the rampant vaping black market the government has created.”

Given the consequences seen in Australia, many fear that a ban on disposable vapes could result in a huge growth of the illicit market in the UK, with non-compliant, unregulated vapes filling the gap.

Andrej Kuttruf, CEO of Evapo, shared his concerns;

"A ban threatens to undo years of progress in reducing smoking rates and may inadvertently create more harm by driving demand into the hands of illicit market operators. History has shown us that bans do not work – regulation and licensing do.”

In fact, this is one of the reasons that Australia have now introduced reformed laws around vaping, which are now available for sale without a prescription from pharmacies. They have also introduced much stricter penalties and deterrents for those caught selling or manufacturing vaping products, with hopes of finally addressing the out of control illicit market.

The advantage of tackling illicit vapes

Ourselves, and many other advocates, have pointed out that tackling the issue of illicit market vapes could go a long way towards tackling youth vaping. It is often the same people who are willingly selling illicit vaping products that are willing to also disregard age verification and sell to underage people.

Speaking about the illicit market for disposable vapes, Andrej Kuttruf, CEO of Evapo, said:

"While concerns around the environmental impact of single-use vapes are valid, they have undeniably helped over a million smokers in the UK make the transition from smoking to vaping, saving countless of lives. We fear that the ban will further fuel the illicit market, driving customers into the hands of criminals and taking currently regulated and tested products out of the regulatory oversight."

Some knock off vapes can look very convincing, but that doesn’t mean that they adhere to the strict safety standards that they should. Illicit vapes can be harmful and these counterfeits are partly responsible for a negative perception of vaping and disposable vapes.

Making sure you’re buying from a reputable seller is the best way to protect yourself from buying counterfeits. When you buy from expert retailers like Evapo, you know you are choosing vapes and products that have been thoroughly tested and constructed from high quality components.

Illicit vapes sidestep important regulations

Not only can illicit vapes be made from inferior components, but they may not be following the government’s regulations for e-cigarettes, including requirements such as:

• A maximum capacity of 2ml for tanks or pods
• A maximum volume of nicotine-containing e-liquid of 10ml for one refill container
• Ensuring that nicotine-containing products, or their packaging, is child-resistant and tamper evident
• All e-cigarettes and e-liquids be notified and published by the MHRA before they can be sold
• The banning of diacetyl, caffeine, taurine, and certain colourings

The Tobacco and Related Products Regulations 2016 introduced these rules as a means not only of setting minimum standards for the safety and quality of all e-cigarettes and refill containers, but also as a way of creating an environment that protects children and ensures that consumers have enough information to make informed choices.

These regulations and their aims are something we strictly align with, and we fully back efforts to clamp down on the production and sale of counterfeit vapes and believe this should be a strong focus for future legislation, as it ensures that consumers can be confident in the integrity of the vaping devices they choose.

How illicit vapes can endanger younger people

Younger people may not have the same access to information or have the same level of experience as older consumers. This means they are especially vulnerable when it comes to counterfeits. In 2023, the BBC reported that vapes confiscated from school children contained high levels of lead, nickel and chromium. Of the 18 vapes tested, most were illegal and had not gone through any kind of testing before being sold in the UK.

The role of the vaping industry in the disposable vape ban proposal

While the vaping industry has staunchly supported measures to reduce instances of illicit vape sales and underage vaping, many are concerned about the effects of the proposed ban. The UK Vaping Industry Association (UKVIA) is dismayed at the government’s decision to ban disposable vapes and, here at Evapo, we share the concern that a ban will have a negative impact on the wellbeing of smokers who are hoping to quit.

The cost of a vape ban

In addition to worries over the way that the ban may impact public opinion and thereby prevent smokers from accessing vapes as a way to quit, we also believe that a vape ban could cost the UK economy billions and increase the burden on the NHS to deal with smoking related illnesses.

Alternative measures

We’ve suggested several alternative measures, such as a more substantial fines for those selling to minors and a vape licensing scheme, to tackle the issues without resorting to an outright ban. You can see more in our strategy for reducing youth vaping.

Reducing environmental impact

It’s also important to us that we do our bit to help reduce the environmental impact of vaping, that’s why we’ve made a significant effort to help inform customers about how to recycle disposable vapes. We also offer recycling spots in each of our shops, so customers can simply drop off old vapes with us. Additionally, we’re highlighting the benefits of longer lasting alternatives to disposable vapes, like big puff vapes and reusable/refillable vape kits, allowing customers to make an informed choice. We share some handy tips in our article on lessening the environmental impact of vaping.

Making the switch from disposable vapes

Refillable and reusable vapes offer a more sustainable way to enjoy the benefits of vaping. Promoting the use of these reusable alternatives and offering vapers guidance on how to make the switch from disposable to reusable devices is one way to reduce waste – and it offers lots of benefits for vapers, too.

Reusable vape kits can offer a similar vaping experience to using a disposable vape, but does not need to be disposed of and replaced whenever the e-liquid runs out. This not only helps to cut down on the amount of plastic and electrical waste, but can also save you a lot of money in the long-run.

Prefilled pod kits like the Elf Bar ELFA PRO and Lost Mary 4in1 are extremely easy to use and have a similar design to disposables. The pods come prefilled with e-liquid, and when empty can be replaced, so you only have to throw away the pod and not the whole vape.

Refillable vapes like the Vaporesso XROS 3 Mini and VOOPOO Argus Z offer an even more budget and environmentally conscious option, as the pod or tank can be repeatedly refilled with your choice of e-liquid before the pod or coil will need to be replaced. This also means you can select the exact flavours and nicotine strength that best suits you. You can pair a refillable vape kit with a bar salt vape juice like Double Brew or ELFLIQ if you are looking for an experience that is really similar to using disposables, as these vape juices are available in many of the most popular disposable vape flavours and are designed to offer a similar flavour and vaping experience.

If you have been using disposable vapes and want to transition to a reusable vape kit, take a look at our alternatives to disposable vapes guide for information on making the switch and which vape kit to choose.

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