Vaping firms plot legal challenge to government’s planned vape restrictions

Vaping firms are raising funds to hire a barrister for a potential legal challenge to the government’s plans to ban disposable vapes and seriously restrict the sale of other vaping products.

A government ban is to be introduced within a year as part of a package of new measures to restrict the vape category following concerns of youth access. Some retailers are concerned about the ban as they fear they are at risk of losing tens of thousands of pounds in profit.

The new fundraising campaign is by Robert Sidebottom, managing director of Arcus Compliance, which heads up Vape Protection Alliance (VPA), because the vape industry is left ‘in a state of uncertainty’.

On the crowdfund webpage, Sidebottom wrote: “The proposed ban on disposable vapes and additional restrictions such as limiting flavours overlooks the significant consequences. This oversight endangers hundreds of legitimate businesses and perpetuates the misconception that vaping is equally harmful as smoking.”

The page claims £15,000 is needed for the expert legal advice, and the campaign has currently received 19 pledges amounting to £14,310, with 28 days to go. If the campaign is successful, it will need to raise £75,000 to get to phase two, which is permission to proceed by the courts.

The VPA is aiming to ensure vapes ‘remain an attractive accessible product’ to ex-smokers, while not looking to prevent the ban of single-use vapes, but to “phase out over a more appropriate period of time”, Sidebottom told Better Retailing.

The campaign also aims to protect a broad range of flavours, consider implementing a licencing scheme and to prevent growth of the illegal market. It is also aiming to maintain ‘open display and sales’ in specialist vape shops and ensure that closed pods are permitted.

“We would like to see independent retailers support this action, [the creation of a] licencing scheme and to continue to ensure these products do not get into the hands of children,” Sidebottom told Better Retailing.

“Our mission with the VPA is ensure sensible regulation that further reduces youth access, and ensures that adult former smokers continue to access a broad range of flavoured products while safeguarding the industry,” he continued.

“We’re not surprised at all it’s had the support it’s had in such a short space of time. That demonstrates the concern and the will of the industry to get the government to sit round the table with them and discuss regulations moving forward.”