The Government’s consultation on the future of vaping and nicotine products closes tonight (2 October), with suppliers, trade bodies and more, urging retailers to have their say before time runs out.
As such, today’s date represents the last opportunity independent retailers and anyone else involved in the industry will have to provide opinions on everything from plain packaging for vape products and the proposed changes around how they can be described, displayed and sold.
The open call was first launched in July of this year by the Department of Health and Social Care. An initial follow-up to the consultation is expected by the end of the year.
Reducing appeal
The proposals apply across the UK and have been developed with the devolved governments in Scotland, Wales and Northern Ireland. The Government said of the thinking behind the move: “We want to reduce the appeal of these products, particularly to children and young people, while supporting adult smokers to quit.”
Running parallel to any changes decided upon, the sale of all consumer nicotine products will be restricted to those aged 18 and above from 29 October 2026 as a direct result of the country’s smokefree ambitions.
Meanwhile, from 1 January 2027, the legal age of sale for tobacco, including heated tobacco, will increase by a year every year, ensuring younger generations can never legally buy a tobacco product.
Smokefree UK
The above moves form part of a broader mission to make the UK a fully smokefree nation, reduce pressure on health services and banish the appeal of all nicotine products to children completely.
The consultation’s website is also home to many documents detailing the approaches being considered, spanning what new packaging might look like and how vapes might be stored moving forwards, and all of these can be viewed alongsice impact assessmments before submitting suggestions.
Speaking today, the Association of Convenience Stores’ chief executive, Ed Woodall said: “The Government’s proposals on banning the display of vapes will be expensive to implement in a very short space of time.
“It’s crucial that retailers’ voices are heard on the impact this will have…”
“It’s crucial that retailers’ voices are heard on the impact this will have, and that’s why we’ve submitted a detailed response after extensive consultation with members.”
Concerning measures
The Federation of Independent Retailers (The Fed) also expressed concerns about the consultation in a comment to Convenience Store today. National president, Hemanshu Patel, said: “The Fed has concerns about some of the measures being proposed and, importantly, we want to make sure the voice of independent retailers is heard.
“We’ve been encouraging members to share their views with our political engagement team or, better still, take part in the consultation directly. These changes could have a real impact on how our members operate their businesses, so it’s important that government understands the practical challenges they face.”
In a further comment to this website also made today, Andrew Goodacre, CEO of the British Independent Retailers Association (Bira), said: “Whilst we agree with some of the proposals regarding packaging, we’re really concerned about the proposals for displaying vapes. The Government wants to see vapes sold the same way as cigarettes - behind the counter and in cupboards.
”This proposal runs the risk of legitimately retailers withdrawing from the market.”
“Small shops have very limited space and such a move would cost money to achieve. This proposal runs the risk of legitimately retailers withdrawing from the market and customers being driven to illicit traders or online.
“It’s really important retailers respond to make their feelings known, even if it’s just on this one issue.”
Absolutely ludicrous
Also speaking to Convenience Store just after the consultation was first announced, One Stop retailer Priyesh Vekaria of Manchester, said: “I think it’s absolutely ludicrous. It’s regulation for the sake of regulation, and in my view it’s complete overkill.
Priyesh added that he believed the measures proposed won’t make a difference either. “My concern is that further measures such as plain packaging and display bans won’t tackle the real problem. Instead, they’ll undermine responsible retailers while driving more consumers towards the illicit market.
“That takes legitimate trade out of the regulated economy and puts it into the hands of organised crime, rogue traders and criminal networks that have no regard for age restrictions, product safety or compliance.”
Pontefract retailer, Bobby Singh, also commenting to Convenience Store after the initial announcement was made, said he didn’t consider the proposals to be a problem for responsible retailers: “I think the absolute priority has to be protecting children and preventing young people from accessing vaping products.
“As retailers, we have a responsibility to play our part…”
“As retailers, we have a responsibility to play our part and ensure these products are sold responsibly, with robust age verification and compliance checks in place.
“Any new measures need to be practical and enforceable, with the focus on stopping illegal sales and those who don’t follow the rules, rather than placing unnecessary burdens on responsible retailers already doing the right thing.”
Rare opportunity
From a supplier perspective, Eve Peters, director of government affairs for ELFBAR vapes in the UK, said today that she believed the consultation represented a rare opportunitiy for retailers to have their voices heard: “Taking part in the consultation is an opportunity to help shape regulations that strike the right balance between protecting young people without unintentionally adding to existing misconceptions about vaping among adult smokers.
“Retailers have first-hand experience of adult smoker and vaper purchasing behaviour and understand how the proposed regulations would work in practice.
“Independent retailers can contribute to proportionate, evidence-based measures and ensure policymakers receive the insight from those who will deliver it.”
“By responding to the consultation, independent retailers can contribute to proportionate, evidence-based measures and ensure policymakers receive the insight from those who will deliver it.”
Meanwhile, Tolga Kilic, British American Tobacco UK&I’s commercial director, reiterated how important the views of retailers are to the consultation: “Retailers understand the reality of how nicotine pouches, vaping products and other nicotine products are sold better than anyone, and their experience should play a central role in shaping the final regulations.
“Their input into how regulations work in practice is invaluable. The measures under consideration, including display bans, packaging restrictions and limits on product communications, could significantly change how retailers operate.
Questions remain
Also stressing the need for retailers to comment, campaign group We Vape’s founder, Mark Oates, suggested there needs to be more - and more considered - research before any proposals are acted upon.
Questioning the studies, timings and methodology of the research the Department of Health and Social Care has cited to date, Oates said: “They want views on the colour of a device and the layout of a counter before they’ve finished the studies that are supposed to tell them whether those rules will even work. That’s consulting first and evidencing later.
“We encourage everyone who cares about vaping and harm reduction to engage in the consultation to make their views clear.”
Supplier Vape Superstore also issued a statement after the news of the consultation first broke. “We fully support active measures that prevent under 18s from accessing vapes, including strict age-verification processes both online and in-store.
“At the same time, we believe vaping must remain an attractive alternative for adult smokers looking to quit cigarettes. Packaging, flavours and product choice play an important role in encouraging smokers to make the switch and stay smokefree.
“The priority should be clear, enforceable rules that stop youth access…”
“The priority should be clear, enforceable rules that stop youth access, whilst ensuring vaping continues to be a viable, effective harm-reduction tool for adults.”
Rogue traders
The issues of crime on UK high streets and illicit products are also entwined with the consultation, founder of the UK Vaping Industry Assocation, Dan Marchant. His organisation has reently been calling for a ‘fair deal’ for UK vaping via its Enough is Enough campaign.
Speaking to Convenience Store, Marchant said : “There’s a huge difference between a reputable high street vape shop and a general mini-mart or convenience store that happens to sell vape products.
”If rising costs and cash-flow pressures push established vape retailers out of the market, there’s a real risk that gap is instead filled by less specialised outlets, rather than by businesses with the expertise and product knowledge to advise adult consumers responsibly.”
Finally, Dr Marina Murphy, head of external affairs UK and scientific affairs at nicotine pouch retailer Haypp, issued a warning: “Retailers shouldn’t underestimate how significantly these proposals could affect their business.
“The proposed new regulations will fundamentally change how nicotine products can be displayed and sold in shops.
“It’s important policymakers hear the views of the people who will have to run their businesses under these new regulations, so we strongly encourage retailers to respond to the consultation and have their voices heard.”
You can put forward a response to the Government’s consultation here.
Submissions close at 11.59pm tonight.
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