Falkirk Council launches clampdown on retailers selling vapes to schoolchildren

Falkirk Council’s trading standards team are carrying out an ongoing investigations after tip offs that many retailers were breaking the law by selling to under 18s.

The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 makes it illegal for anyone under the age of 18 to buy e-cigarettes. It is also illegal for anyone to sell vapes to anyone under 18 years old or to buy vapes for those under 18.

But the council team’s undercover survey in the Falkirk area last month found three out of the four shops targeted were willing to sell vapes and e-cigarettes to underage young people.

All were given fixed penalties.

A previous undercover survey in April this year targeted six shops when underage sales were made in five out of the six shops.

The trading standards team are continuing ongoing investigations after receiving allegations that children as young as 12 have been able to buy e-cigarettes/vape products from retailers in the Falkirk area. Information came from the public who alerted the council of their concerns.

The investigation comes on the back of a report earlier this month by the Society of Chief Officers of Trading Standards Officers in Scotland that showed that one in five retailers in Scotland were willing to sell to underage consumers.

Recent Scottish Government analysis of data shows an increase in the number of over 16s using e-cigarettes and heated tobacco products from 7.3 per cent in October 2020 to 13.2 per cent in October 2022. Although this is in line with trends recorded both in England and Wales, in Scotland, current use is higher in the younger age groups.

There has also been an increase in the number of pupils vaping regularly (once a week or more) compared to 2018, both among 13 year olds from two per cent to 4.3 per cent, and 15 year olds from three per cent to 10.1 per cent, according to the Scottish Schools Adolescent Lifestyle and Substance Use Survey.

Councillor Stacey Devine, spokesperson for public protection said: “Our trading standards team will continue to clamp down on these illegal practices involving e-cigs and vapes. That said, the legislation is clear – no one under 18 is allowed to buy for themselves and no one over 18 should buy for underage young people.

“The shops found to be selling illegally will be monitored and if they continue to breach the law, they could be banned from selling these products for up to two years.

“All premises were visited by officers before the test purchases operation and reminded of the requirements to operate an age verification policy and to ask for ID from anyone who looks under the age of 25.

“We will continue to protect the public in our operations but stress if any retailer needs advice, to get in touch with us.”

Anyone can report traders selling to underaged by emailing [email protected] or for those seeking advice.

Those found to be breaching legislation can be given fixed penalties of up to £1200 and banned from selling products for up to two years.