Frequently Asked Questions about the ban on disposable vapes
Following the success of the Ban Disposable Vapes campaign, the sale and supply of single-use vapes will become illegal in Scotland and across the UK on 1 June 2025.
Why are disposable vapes being banned?
The Scottish Government, with unanimous support from cross-party MSPs, acted to ban disposable e-cigarettes on both environmental and public health grounds as recreational single-use vapes are the product of choice for the majority of youngsters who vape.
The rapid increase in popularity of these addictive and health harming colourful, often cheap and easy-to-use products led to a drastic increase in vaping among children and young people as well as non-smokers since 2021.
ASH Scotland started raising our concerns about disposable vapes along with environmental campaigners including Marine Conservation Society (MCS) to coincide with World No Tobacco Day on 31 May 2022 and, later that year, we led the emerging Ban Disposable Vapes campaign in Scotland along with climate activist Laura Young, Keep Scotland Beautiful and MCS.
Research from 2023 found that across the UK as many as 5 million single-use vapes were thrown away, with only 17% of users reporting that they dispose their vapes at recycling points.
Discarded e-cigarettes (single-use or rechargeable) leak harmful waste like battery acid, lithium, and mercury into the environment. Batteries thrown into household waste can also cause fires in bin lorries and waste-processing centres.
Although the ban is a positive move in tackling youth vaping, further restrictions on all vape flavours, colours, descriptors and branding on device designs and packaging, are also vital to reduce the attractiveness of recreational nicotine products to children. Such restrictions can be introduced through regulations that the UK Government is proposing to consult on should its Tobacco and Vapes Bill, which is currently progressing through the parliamentary process, is passed and achieve Royal Assent.
What are disposable vapes?
The Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 considers vapes disposable if they cannot be recharged, refilled, and the coil must be easily replaceable.
If I use disposable vapes, how will I be affected?
Adults who vape can switch to other recreational rechargeable and refillable e-cigarettes which are not included in the ban.
No vapes have been licensed to be a smoking cessation aid by the Medicines and Healthcare products Regulatory Agency (MHRA) and, in July 2024, the World Health Organization's clinical treatment guidelines for tobacco cessation in adults did not include vapes as current evidence remains not strong enough to recommend them as a smoking cessation aid.
ASH Scotland advocates that only medically licensed quit smoking aids which have the strongest evidence base for efficacy and are tested, monitored, quality-controlled and medicinally supervised under a doctor’s advice should be considered by people aiming to give up tobacco. NHS Scotland’s Quit Your Way Scotland service offers free expert person-centred support by qualified health professionals.
Is the ban in Scotland the same as the rest of the UK?
The ban will be introduced in Scotland and the other three nations of the UK on Sunday 1 June 2025 and, from a consumer’s perspective, the rules will be the same everywhere.
There will be differences for retailers in terms of enforcement and fixed penalty notices, if they are caught selling banned devices.
What do retailers need to do?
Retailers and suppliers must sell or dispose of disposable vapes before the ban takes effect on Sunday 1 June, or risk fines or even prosecution thereafter.
Vapes that are rechargeable and refillable must adhere to other e-cigarette regulations for them to be legally sold in the UK. Legal e-cigarettes need to be registered with the Medicines and Healthcare products Regulatory Agency (MHRA) and abide by naming and packaging regulations. The vapes cannot have more than 2ml e-liquid and must contain less than 2% (2mg/ml) nicotine.
For more information on e-cigarette regulations, visit MHRA Guidance E-cigarettes: regulations for consumer products.
How the ban will be enforced?
In Scotland, enforcement of the ban will be led by local trading standards teams. Retailers, online or in a physical shop, found selling banned vapes after 1 June 2025, will result in:
- Seizure of non-compliant products.
- A fixed penalty notice of at least £200. It will be higher for repeat offenders.
- The maximum penalty is a criminal prosecution with fines of up to £5000, and up to two years in prison.
What should I do if I suspect a retailer is selling single-use vapes?
Young people aged under 18 report that it can be easy to get hold of vapes from irresponsible retailers.
If you think that a retailer is selling vapes to under 18s, you can report this to your local council’s trading standards team.
What are the vape recycling responsibilities for retailers?
E-cigarettes are electrical items (whether single-use or reuseable follow the ban). This means they are covered by the Waste Electrical and Electronic Equipment (WEEE) Regulations. Sellers must offer a ‘take back’ service and accept vapes and vape parts (such as used pods, coils or batteries), either on a one-for-one basis, meaning that a vape can be returned for recycling if a new e-cigarette is bought, or offer a recycling bin for unused e-cigarettes to be discarded in.
More information about e-cigarette recycling, including where they can be recycles can be found on the Recycle Your Electrics website and DEFRA’s WEEE regulations Guidance webpages.