On January 20, guidance on the disposable e-cigarette ban was published on the UK government's official website. The document clarifies the definition of disposable e-cigarettes as well as information on the specific details of the penalties retailers who violate the ban may face.

Contents of the ban 

From June 1, 2025, the UK will impose a complete ban on the sale, offer for sale or possession for sale of all disposable e-cigarettes (both nicotine-containing and non-nicotine-containing products).

Scope of application: both online and bricks-and-mortar sales will be restricted.

Reusable e-cigarettes: can still be sold, subject to conditions of rechargeability and refillability.

Reasons for banning 

Disposable e-cigarettes are an inefficient use of a critical resource and are often discarded as trash or go into the non-recyclable waste stream.

Littering pollutes communities and harms soil, rivers and biodiversity.

When disposable e-cigarettes go to landfill or incineration, they can lead to a waste of resources and even start fires, threatening the safety of waste workers, firefighters and the public.

Who it applies to 

UK businesses in the e-cigarette industry, including importers, retailers, manufacturers and wholesalers.

Common sales venues: convenience stores, market stalls, gas stations, specialty e-cigarette stores, supermarkets, etc.

Definition of disposable e-cigarettes 

Disposable e-cigarettes: are non-reusable products.

Definition of reusable e-cigarettes: must fulfill both rechargeable and refillable conditions.

Consequences of non-compliance 

UK harmonization: from June 1, 2025, it will be illegal to sell or possess for sale disposable e-cigarettes.

Enforcement agencies: Border Force, Medicines and Healthcare Products Regulatory Agency (MHRA), Office of Product Safety and Standards (OPSS), Trading Standards, etc.

Specific rules for each region: 

England: faces a £200 fine for a first offense, and may face an unlimited fine or up to 2 years in prison for subsequent offenses.

Wales: fixed fine of £200 or more, and enforcement cost recovery notice.

Scotland: up to £5,000 fine, and may face up to 2 years imprisonment or a higher fine subsequently.

Northern Ireland: up to £5,000 fine, may face 2 years imprisonment or higher fine thereafter.

How to tell if an e-cigarette is marketable 

Reusable e-cigarettes: must have refillable containers (e.g. cartridges, reservoirs) and rechargeable batteries.

Unsellable devices: single unit device with mouthpiece, reservoir compartment, and battery secured together, with no way to change coils or fill liquids; device is rechargeable but coils are not replaceable, or pre-filled cartridges, liquids, or coils cannot be purchased separately.

Other restrictions 

E-cigarette products: remain subject to the Chemical Classification, Labeling, and Packaging Regulations , the Tobacco and Related Products Regulations , and the waste regulations for electronic devices and batteries.

Recycling requirements All e-cigarettes (disposable or reusable) are subject to the Waste from Electrical and Electronic Equipment (WEEE) regulations. Businesses selling e-cigarettes must offer a ‘take-back service’ to accept customer returns of e-cigarettes and their components.

Inventory Disposal 

As of June 1, 2025, businesses may not sell or supply any disposable e-cigarettes.

Suggested Actions: Stop purchasing disposable e-cigarette inventory; liquidate existing inventory; purchase e-cigarettes that comply with the new regulations.

Remaining stock: separate disposable e-cigarettes from other goods; mark as unsaleable; dispose of through a registered e-cigarette recycling service.

Additional information 

MHRA website: to check whether nicotine-containing e-cigarettes are compliant with the reusable standard.

Enforcement responsibilities: Businesses will need to provide any information requested by the enforcement agency to demonstrate that the product meets the reusability standard.

Preparation measures: Businesses need to prepare in advance to avoid facing business losses and legal sanctions for non-compliance.