In the UK, the legal age for buying vapes is 18, this is in line with the legal age for purchasing cigarettes and other tobacco products. The age restriction is in place to protect young people and it is illegal to sell vapes to those under the age of 18. This is something that we at Evapo have always taken extremely seriously, recognising that it is our responsibility as a vaping retailer to ensure that e-cigarettes do not end up in the hands of minors.
However, the number of young people vaping in the UK has seen a rise in the last couple of years. This increased uptake has prompted responsible vape retailers, regulatory bodies and the UK Government to look for ways to crackdown on underage vaping.
What levels of underage vaping are we seeing now?
According to the Nicotine vaping in England: 2022 update summary, the 2022 Action on Smoking and Health-Youth (ASH-Y) survey of 11- to 18-year-olds found that vaping prevalence was 8.6% in 2022, compared with 4.8% in 2020. It’s important to bear in mind that these figures include both occasional and regular use, meaning that these numbers include those who have tried it once or twice as well as those who vape regularly.
While it is right that underage vaping is a concern, it is important to recognise that a certain amount of experimenting with restricted products is common in adolescence, such as occasional and experimental use of vapes, smoking, and alcohol.
Of particular interest is the fact that the 2022 ASH-Y data indicated that 98.3% of young people who had never smoked were also not currently vaping, suggesting that those who have used vapes have also smoked traditional cigarettes.
The increase in youth vaping does also correlate with a decline in smoking in 11 to 15 year olds in the last couple of years. NHS digital statistics show that the number of children who have never smoked is continuing to decrease every year. In 1996 49% of those aged 11 – 15 had tried smoking at least once, this had dropped to 16% by 2018, and to 12% by 2021.
This suggests that at least some young people may actually be using e-cigarettes for their intended use as a stop smoking tool. This highlights the need to ensure a balance is met between removing youth access to vaping products, without undermining the important role they play as an effective and less harmful alternative to smoking for adults.
Why are teens vaping?
While a small amount of experimentation with vaping has been seen in minors since e-cigarettes became widely available, the recent rise in single-use vapes has unfortunately played a part in the uptake in youth vaping.
While e-cigarettes used to be mainly sold by specialist vape stores, supermarkets, and convenience stores, disposable vapes are now often sold in a number of locations which really have no business selling these types of products, like car boot sales, tanning salons, and mobile phone shops. Not only do these retailers not usually have the knowledge to appropriately advise customers on vaping, but they are also less likely to be as strict with age verification.
Some retailers may also be advertising and displaying vaping products in a way that minimises their risk and makes them seem more appealing, such as displaying them alongside other youth appealing items like confectionery. This is something we delve further into in our post ‘Are the Government going to restrict vape displays in shops?’
Another concern is that there may not be enough clear guidance about then main function of vaping as a tool for adult smokers to quit smoking, leading underage users to not fully understand their function or the fact that nicotine is a harmful substance.
The UK Government hopes to address some of these issues with the expected introduction of new regulations around vape packaging and a potential ban of disposable vapes and restrictions to vape flavours. There’s a lot of supporting evidence to suggest that standardising vape packaging may be an effective deterrent for teens and young people.
Another initiative that may help to raise understanding about vaping and potential health risks among young people is the fact that it is going to be included in Relationships, Sex and Health Education (RSHE) lessons, as the UK Government explains in No More Free Vapes for Kids.
ASH urges consideration of the fact that smoking presents a far greater risk than vaping, and that the majority of young people who try vaping have tried smoking first, when schools are developing policies around vaping
How are young people finding ways to buy vapes?
ASH reports that the main source of supply to children of cigarettes and vapes is shops, and the Trading Standards test purchasing programme found that the biggest offenders for selling to underage people are markets and car boot sales, discount stores, and mobile phone shops.
Another huge contributing factor to the rise of underage vaping is the thriving illicit market. Counterfeit vapes and vape refills that are sold by unscrupulous sellers are much more likely to be sold illegally to people who are underage. It stands to reason that manufacturers and sellers who are willing to flout safety rules and regulations will also hold little regard for age restrictions. Cracking down on illicit vapes has the potential to also reduce access points for underage vapers.
It is also possible that young people are asking older friends or family members to make purchases for them. Trading Standards South West explains that when an adult buys an age-restricted product like a vape for someone underage, this is called a ‘proxy sale’.
As responsible vaping retailers we have a number of strict procedures in place to prevent underage sales and proxy sales, such as the ‘Challenge 25’ initiative. However, this is not necessarily the case for all retailers, especially as we are seeing so many who are inexperienced with selling age restricted products choosing to stock vapes.
What are the consequences for buying or selling vapes to under 18s?
The consequences are different for the various parties involved in the sale, and aim to not only punish the offence, but also act as a deterrent for future instances.
What happens if you are caught selling vapes to under 18s
Retailers face the most significant consequences as the party responsible for ensuring that age verification processes are followed. If a shop is found to have been selling to underage customers, Trading Standards Officers have the ability to take the retailer to court and issue a fine of up to £2,500.
What happens if you buy vapes for under 18s
Adults who buy vapes or vaping products for under 18s are engaging in what is known as a proxy sale. If they’re caught doing so, the buyers are subject to a £90 fine.
What happens if you’re caught vaping under 18
Under 18s who are caught vaping won’t face legal action, but may be required to attend an education and awareness programme like this Healthy Schools one. Likewise, it isn’t illegal for under 18s to carry a vape but the police may stop those who appear to be underage, and if proof of age cannot be shown have the power to confiscate it, like they do with alcohol. According to Childline, the police can confiscate a vape from you if you are under the age of 16 in England and Wales or under 18 in Scotland and Northern Ireland.
What are Evapo doing to reduce teen vaping?
We take the issue of underage vaping very seriously and operate a strict ‘Challenge 25’ policy in all of our shops. We also watch out for any hint that someone may be trying to buy products for an under 18 and if we suspect they are trying to carry out a proxy sale, the sale will be refused unless they provide valid ID for the recipient. We also age verify all of our customers online.
In addition to maintaining our own standards, we’re also calling for wider change. In our response to the Government’s call for evidence around youth vaping, we outlined our call for more substantial fines for those who are caught selling vapes to underage people. Alongside the UK Vaping Industry Association (UKVIA), we propose the introduction of £10,000 on-the-spot fines for retailers alongside.
We also strongly support a licensing scheme which would ensure that vaping products are only being sold by specialist retailers. This would make it easier to regulate the sale of vapes and to fine those who are selling to under 18s.
Sources
Gov.uk 29/09/2022
Gov.uk 29/09/2022
Gov.uk 30/05/2023
Ash.org.uk 09/2022
Tradingstandards.uk 04/2023
childline.org.uk 11/11/2019
