The UK has announced the details of its ban on disposable e-cigarettes, which will come into effect on June 1 this year. The ban on disposable e-cigarettes will be launched simultaneously in England, Scotland, Wales and Northern Ireland.

The UK Department for Environment, Food and Rural Affairs published guidance for businesses this week. The regulations are largely the same across the four countries of the UK, but the penalties for breaking them vary.

The official reasoning for the ban is purely environmental concerns, although much of the impetus for the ban has been driven by alarmist news reports about illegal product sales and manufacturers selling non-compliant devices. Some of the negative coverage dates back to at least 2022 and was based on concerns promoted by a large tobacco company.

The UK began serious discussions about banning disposable e-cigarettes in September 2023, and then-Prime Minister Rishi Sunak said he intended to ban disposable e-cigarettes in January 2024. In October 2024, England announced plans to ban disposable e-cigarettes, and all four states of the UK subsequently worked to harmonize their respective regulations, with the intention of implementing them from June 1, 2025.

What will be banned and what will be allowed?

The government defines disposable e-cigarettes as “products not designed for repeated use.” The ban applies to both nicotine and non-nicotine e-cigarettes.

To remain legal, e-cigarette devices must be rechargeable and refillable.

Cartridge-based e-cigarettes with pre-filled and disposable cartridges are allowed, as long as replacement cartridges are available and sold separately.

Devices that use bottled e-liquid for refilling must have either a replaceable coil (available and sold separately) or a pre-filled (or refillable) cartridge (available and sold separately).

Batteries do not need to be replaceable, as long as they are rechargeable. For example, e-cigarette modules with batteries sealed inside the device are allowed as long as they can be charged via a USB connection.

What to expect from e-cigarette shops and other sellers?

The law applies to all sellers of affected products, including physical and online shops, manufacturers, wholesalers and distributors, and importers.

From June 1, it will be illegal for any UK business to sell, offer for sale or possess for sale disposable e-cigarettes.

Depending on the location, the law may be enforced by local authorities, Border Force, the Medicines and Healthcare products Regulatory Agency (MHRA), the Office of Product Safety and Standards (OPSS) or Trading Standards.

Under the law, employees of any business being inspected must assist the authorities with any information or evidence requested.

Businesses must be able to prove to inspectors that a “normal user” can separately purchase the necessary refills for any e-cigarettes they sell.

Penalties for offenders

It is not an offence for individuals to possess or use disposable e-cigarettes, but businesses that sell such e-cigarettes (whether to consumers or other businesses) or sell them on their premises are subject to various penalties. These penalties vary depending on the location:

England

For a first offence, Trading Standards will issue a cease and desist or compliance notice and impose a fine of £200. Inspectors can seize the products.

Further breaches of the regulations could result in an “unlimited” fine, up to two years’ imprisonment, or both. Violators may receive a “costs recovery notice” requiring them to pay the investigative, administrative and legal costs incurred by the authority investigating the offence.

Wales

Authorities may impose civil sanctions, including a cease and desist notice and a fixed fine of £200 or a variable fine that could be higher. Sellers may also be subject to an enforcement costs recovery notice and a non-compliance penalty.

Scotland

The local authority that initiated the inspection will report the criminal case to the Crown Prosecution Service (COPFS), which is responsible for prosecuting crime.

Those convicted of “supplying, offering to supply or possessing for the purpose of supplying” disposable e-cigarettes are liable to a fine of up to £5,000. Further offences could result in up to two years’ imprisonment, an additional fine, or both.

Northern Ireland