Sutton Trading Standards are cracking down on the sale of illegal vapes and tobacco, with non-compliant retailers facing unlimited fines and up to two years in prison.

Sutton Trading Standards is targeting vapes that do not possess the correct warning labels, have no tactile warnings, do not have a manufacturing base in the UK, have a tank size which is over capacity or are not registered on the Medicines Healthcare Products Regulatory Agency's website. They are also targeting illegal tobacco that is non duty paid, is not destined for the UK, is counterfeit or does not possess the correct labelling or traceability information on the package.

The Sutton South, Cheam and Belmont Local Committee received a briefing on the challenges faced by Trading Standards teams in tackling the sale of illicit and underage vapes and cigarettes at a meeting on Thursday 18 September 2025. These challenges include a growing black market run by organised crime groups, limited resources, and the high burden of proof required for prosecution.

A ban on the sale of single-use (disposable) vapes came into force on 1 June 2025. Non-compliant retailers could face unlimited fines and up to two years in prison for selling single-use vapes after the ban came into force.

The Tobacco and Vapes Bill provides powers to introduce a new licensing scheme for retailers selling tobacco, vapes, and nicotine products. The Briefing to Councillors on work on illicit tobacco and vapes by Sutton Trading Standards document states that a licensing scheme could make it easier to revoke a retailer's ability to sell these products if they are found to be non-compliant, and would provide a clear mechanism for local authorities to track and monitor sellers. Licence applications could be refused for premises that have a history of selling illegal products. However, the design and implementation of such a scheme would require a substantial allocation of new resources for Licensing teams that would administer the licences and for Trading Standards teams and other regulatory bodies likely to enforce the licensing regime.

From January to May 2025, Sutton Trading Standards undertook a project to map independent premises across the boroughs selling age-restricted goods like tobacco, vapes, alcohol, corrosive materials, and knives. The premises were advised on their duties and provided with written and practical advice on storage and the prevention of sale of age-restricted products to children.

To combat the involvement of organized crime groups, Sutton Trading Standards is exploring the ability to use the civil procedure of Premises Closure Orders to shut down premises for up to 3 months, and is working with landlords to disrupt the supply chain.

The Briefing to Councillors on work on illicit tobacco and vapes by Sutton Trading Standards document details the legislative framework, enforcement challenges, and recent actions taken by Sutton Trading Standards.

Trading Standards teams face significant challenges, including:

  • Resource Issues: The Trading Standards team is small, comprising 5.2 FTE officers shared between Kingston and Sutton.
  • Dependency on Police: Trading Standards officers often rely on the police for assistance, especially when executing warrants or dealing with potentially dangerous situations.
  • Red-Handed Evidence: To secure a criminal prosecution, evidence must be gathered to a criminal standard, which is beyond reasonable doubt .
  • Growth of Organised Crime: Organised crime groups (OCGs) are increasingly involved in the illicit tobacco and vape trade.