When Good Intentions Go Wrong: How The UK’s Hardline Vape Measures are Backfiring

In the weeks following the UK’s nationwide ban on disposable vapes, in line with warnings by tobacco harm reduction experts, new findings suggest that the policy is already facing serious challenges and could ultimately pose unintended threats to public health. An undercover investigation by online nicotine company Haypp found that 23% of vape retailers across nine UK cities were still selling disposable vapes illegally, despite the ban having come into effect on June 1st.

Between June 2nd and 6th, mystery shoppers visited 48 stores, from small corner shops and independent vape outlets to large chain retailers. London and Glasgow saw the highest rates of noncompliance, with two-thirds of shops in both cities willing to sell banned disposables. Other cities with confirmed breaches included Birmingham, Nottingham, and Sheffield. Conversely other cities, such as Bristol, Cardiff, Liverpool, and Manchester ,were fully compliant, with none of the retailers there willing to break the rules.

Bans, fines and black markets

Notably, the violations weren’t confined to obscure backstreet sellers. All of the offending stores had online visibility and were considered mainstream retail outlets. Some used tactics to mask their illegal sales, such as selling vapes in bulk, accepting only cash, or declining to provide receipts.

Haypp’s research points to a larger issue: confusion and poor communication around the ban. Many consumers are unsure what products are still legal, and what alternatives exist. Without proper guidance and education, the demand for disposable vapes hasn’t disappeared—it has simply moved underground. The company warns that the true scale of noncompliance is likely much higher than its limited survey suggests.

This of course mirrors what has already happened in countries like Australia, where harsh restrictions have pushed vaping products into an unregulated black market. As a result, enforcement has become nearly impossible, product safety has deteriorated and a criminal network around vaping products has arisen. The UK risks heading down a similar path unless it balances enforcement with consumer education and access to legal harm reduction tools.

Rather than discouraging smoking, such restrictive policies may unintentionally make it harder for people to switch to safer alternatives. And the issue doesn’t stop with the disposable ban.

A pattern of missteps?

A separate proposal under discussion in Parliament would introduce £100 fines for vaping at outdoor bus stops. Currently, vaping is banned inside buses and bus stations, but this new law would extend penalties to open-air environments as well. If left unpaid, fines could escalate to £1,000.

Critics argue that this policy sends mixed signals. On one hand, public health bodies promote vaping as a much safer alternative to smoking. On the other, new rules seem to increasingly criminalize the behavior of people who have made that switch. Many vapers rely on being able to use their devices before getting on public transport, reducing the urge to break the law by vaping on board. Penalizing them for doing so outdoors, especially in areas with no evidence of harm to bystanders, seems counterproductive.

Scientific reviews by Public Health England and the NHS have consistently found that exposure to vapour—particularly outdoors—poses negligible risk to the public. Yet the proposed law would treat vaping the same as smoking, adding to public confusion and reinforcing false perceptions that both products carry the same dangers.

Public health advocates warn that these perceptions matter. Many smokers still wrongly believe vaping is just as harmful, and heavy-handed restrictions could deter them from quitting cigarettes.

The enforcement trap

Meanwhile, Ireland’s health authorities recently pulled three disposable vape products from the market after discovering they were mislabelled as nicotine-free and held far more e-liquid than legally permitted. Though not directly connected to the UK ban, the recall highlights the critical need for regulatory accuracy and enforcement across borders—particularly as demand persists and supply chains become murkier.

Ireland’s Health Service Executive has warned that falsely labelled or oversized devices pose a dual threat to safety and legality, and vowed to pursue legal action where necessary. Their intervention demonstrates the fine balance required between regulation and practicality.

The hidden cost of vape bans

For those committed to tobacco harm reduction, the UK’s recent measures raise important questions. While few would dispute the need to keep vapes out of the hands of children or to eliminate non-compliant products, overzealous enforcement risks pushing adult users back to cigarettes or into the illicit market.

Advocates are urging policymakers to adopt evidence-based regulations that prioritize both safety and access. This includes clear public messaging, better retail oversight, and practical guidance for smokers looking to switch. Otherwise, efforts intended to protect public health may end up doing more harm than good.