A recent We Vape investigation into illegal vapes being sold across the Manchester constituencies of Angela Rayner and Andrew Gwynne MP has been released.
The investigation proves that illegal vapes are ripe on the black market. It also shows how little enforcement action is being taken. This is especially ironic considering the fact that the UK Government are looking to further regulate vaping!
Below is the latest on the situation from We Vape – plus we have some of the video evidence for you to view!
“Spiralling Black Market”
SHOCKING video has revealed the spiralling black market in illegal vapes across the constituencies of multiple top Labour MPs.
Investigators were offered a choice from hundreds of non-compliant devices within minutes of Angela Rayner’s Greater Manchester offices in Ashton-under-Lyne, with double the legal tank sizes, super strengths and with some marketed to children.
Other stores within the constituency of Gorton and Denton MP Andrew Gwynne, Under Secretary of State of Public Health and Prevention, even offered menus of dozens of high-strength illegal vapes over the counter.
Illegal vapes were also purchased in the London constituencies of Prime Minister Sir Keir Starmer, Health Secretary Wes Streeting and Foreign Secretary David Lammy with incredible ease.
💨 Our Director @MOates_ went to @DavidLammy’s constituency and found multiple illegal vapes in 15 mins.
🤔If we can’t police the current restrictions, why does the Government think that new bans will work? pic.twitter.com/AdFs0XmXPj
— We Vape (@WeVapeUK) September 14, 2024
‼️ Our Director @MOates_ went to @Keir_Starmer’s constituency today, and purchased 4 ILLEGAL vapes 👇
👨⚖️ If we can’t enforce the current laws, how can we expect to enforce new laws? pic.twitter.com/w2xBPRvKcu
— We Vape (@WeVapeUK) September 10, 2024
Undercover Investigation
Campaign group We Vape – who carried out the undercover investigations – said the films proved government plans to introduce more vaping restrictions under the forthcoming Tobacco and Vapes Bill were pointless because authorities are not enforcing laws already in place.
Video 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 – currently the government’s biggest deterrent for the black market.
We Vape founder Mark Oates is seen asking for ‘big puffs’, meaning large vape capacities. A legal 2ml capacity single use disposable vape will generate approximately 600 puffs. He was immediately offered vapes with 8000 and 12000 puffs – as well as devices with 5% (50mg) nicotine strength – 2.5 times the legal limit of 2% (20mg).
There are some legal “big puff” vapes which use replaceable or refillable containers that are housed separately from the device to get around the limits. But the devices in question here simply were sealed with a greater capacity and / or strength than is legal.
When asked if he had other devices, the trader invited the investigator behind the counter where he showed off a treasure trove of illegal products. Some offered 20,000 puffs!
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.”
We Vape founder Mark 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.
“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.
“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. Angela Rayner in particular has spoken openly about her love of vaping – perhaps she could make sure the devices that are sold to the British public are safe and legal.”
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.
Illegal devices were also rife in the constituency of MP Andrew Gwynne, under Secretary of State of Public Health and Prevention.
In one store, the investigator asks 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.
We Vape Response
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.”
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.’
Mr Oates has written to health secretary Wes Streeting with his findings.
We Vape Letter To Wes Streeting
“Dear Secretary of State,
As the Head of the consumer advocacy We Vape which has a tens of thousands of vapers as its members I am writing to express my growing concern over the rampant sale of illegal vapes in London, including in your own constituency of Ilford North, as well as Sir Keir Starmer’s in Holborn and St Pancras. A recent investigation I conducted through We Vape revealed the alarming ease with which illegal vapes – many containing over two and a half times the legal nicotine limit – are available for purchase. The investigation uncovered vapes with e-liquid tanks more than six times the 2ml limit, with some boasting 7,000 puffs, compared to the 600-1,000 puffs produced by a regulated vape.
When asked, some sellers openly admitted they were breaking the law but explained they were making several hundred pounds per day, operating with apparent impunity. This demonstrates a shocking failure of enforcement by Trading Standards, who seem powerless to address this widespread illegal trade.
As the government prepares to announce the finalised Tobacco and Vapes Bill, it is crucial that current laws are enforced before any further restrictions are introduced. Adding more regulations without addressing the enforcement gap will only fuel the black market. In fact, illicit traders are already “chomping at the bit” for additional bans, which would further erode consumer access to legal, regulated vapes that help smokers transition away from cigarettes.
To address this problem, We Vape is calling on the government to adopt three critical measures:
- Pre-market checks by the Medicines and Healthcare products Regulatory Agency (MHRA): All vapes should be tested and certified as compliant with UK laws before they are allowed to be sold. This would prevent illegal vapes from ever reaching the shelves, ensuring retailers and wholesalers can confidently sell legal products.
- A self-funding licensing system: Similar to the alcohol industry, vape retailers should be required to pay a licensing fee to sell vapes. The revenue generated from this system, estimated at £50 million annually, would fund Trading Standards and empower them to enforce the law effectively. Repeat offenders caught selling illicit products or selling to minors should face heavy fines and the potential loss of their licence.
- Protection of vape flavours: Research from Bristol University shows that nearly 39% of smokers transitioning to e-cigarettes would “smoke more or not quit” if flavours were restricted, and 14% of ex-smokers who vape would likely relapse into smoking. Protecting access to flavours is vital to ensuring vaping remains a successful tool for smoking cessation.
The current situation illustrates that the problem is not a lack of laws but rather a lack of enforcement. Despite Labour’s calls for tougher restrictions, with you personally advocating to “come down like a tonne of bricks” on the industry, this will not stop the illegal sales that are already happening openly in your own constituency and beyond.
I urge you to include these measures in the Tobacco and Vapes Bill. This approach would strike the right balance – protecting consumers, supporting legitimate businesses, and ensuring vaping remains a viable alternative to smoking for those seeking to quit. Focusing on enforcement rather than additional restrictions would safeguard public health and disrupt the illicit market that thrives on regulatory loopholes and lack of oversight.
I look forward to hearing how the government plans to tackle the illegal vape trade while protecting the benefits vaping provides to those trying to quit smoking. I hope you will recognise the risks of introducing laws preventing adults choosing to vape rather than smoke whilst not enforcing the current laws to prevent illegal and underage sales.
Yours sincerely,
Mark Oates
Director
We Vape”
Polling
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 Licencing 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.”
It is estimated up to 60% of vapes in the UK are illicit or non-compliant.
