Retailers/Wholesalers

Retailers/wholesalers

Retailers hold the key for ensuring that disposable vapes are not sold to children as they are the main way youngsters will try and get their hands on them, either online or in-store.

Retailers, along with wholesalers, also have a critical role in preventing illicit products entering the last leg of the supply chain before they reach the consumer.

There are many resources that retailers/wholesalers can access to ensure they stay on the right side of the law.

The UK Vaping Industry Association (UKVIA), in partnership with Buckinghamshire & Surrey Trading Standards, has issued compliance guidance for UK retailers who sell disposable vape products, which can be downloaded here. This covers UK regulations around disposables and a range of frequently asked questions by retailers with answers provided.

The UKVIA has also published in conjunction with Buckinghamshire & Surrey Trading Standards a Preventing Under Age Sales Guide which covers:

Current vaping age legislation in England, Wales, Scotland and Northern Ireland;
Use and best practice enforcement of the Challenge 25 rule;
Issues of proxy purchasing where an adult buys on behalf of someone under 18;
Advice on the different forms of ID that can be accepted and methods of deception to be aware of;
Points to consider with digital age verification.

The Association of Convenience Stores (ACS) has also launched a new Guide to help retailers with the sale and supply of e-cigarettes and other vaping products. Part of a series of Assured Advice Guides, this latest addition covers:

Regulations that govern the sale and supply of e-cigarettes;
Retailers’ responsibilities when selling these products;
Compliant labelling and packaging;
Advice on making sure under-age sales do not take place.

Other ways retailers and wholesalers can safeguard against buying illicit vape products, whether they are non-compliant with UK regulations or fakes, include:

implementing a vetting process to ensure the products they put on their shelves are checked and verified with the relevant authorities, such as the Medicines & Healthcare products Regulatory Agency (MHRA) prior to placing an order;
insisting on the supplier providing them with a “compliance file” per product to ensure the manufacturers are doing their due diligence and making the regulatory filings;
asking your distributor for a copy of the distribution contract that they have in place with the disposable vape manufacturer to check they are authorised to sell in the UK;
reporting illicit products – many disposable vape manufacturers have set up online checks for retailers and wholesalers to check the authenticity of products and reporting suspected counterfeits and non-compliant products. For example Geek Bar allows traders to verify the security code of their products at http://www.geekbar.com/security-code.html, and report suspected counterfeit and non-compliant products at legal@geekbar.com.