Debate on a Motion to approve the Draft Environmental Protection (Single-Use Vapes) (England) Regulations 2024

The Environmental Protection (Single-use Vapes) (England) Regulations 2024 are due to be considered by the Commons on Wednesday 13 November. They were laid on 23 October 2024 and require approval by resolution of both the Commons and Lords before they can be signed into law.

The regulations seek to ban the sale of single-use vapes. If approved, the regulations would come into force on 1 June 2025 and would apply to England only.

The regulations are accompanied by the following documents:

• Government press notice, Government crackdown on single-use vapes, 24 October 2024

• Government draft explanatory memorandum (PDF), October 2024

• Government Impact assessment: Ban on the sale and supply of disposable vapes in England (PDF), 15 October 2024

• Regulatory Policy Committee opinion on the impact assessment (IA) relating to the proposed ban on the sale and supply of disposable vapes in England, 25 October 2025

The regulations have not yet been considered by the Joint Committee on Statutory Instruments.

The environmental impact of disposable vapes

The government has noted growing concern over the environmental impacts of single-use vapes. It has set out that they represent an inefficient use of critical resources, are difficult to recycle and are frequently disposed of incorrectly, being either littered or thrown in residual waste. Incorrect disposal of these items can potentially release plastic, electronic and hazardous chemical waste into the environment, with incorrect battery disposal potentially causing fire and health and safety risks at landfill sites.1

In January 2024 the Department for the Environment, Food and Rural Affairs published a research report by environmental consultants, Eunomia on Analysis of the market for vapes: exploring the environmental impacts of single-use vapes. This report further considers the environmental impact of single-use vapes and other international approaches to regulating vapes.

For further information about environmental issues and regulation of disposable vapes see also Library debate pack, Environmental impact of disposable vapes, 28 November 2022.

What the regulations will do

The regulations are intended to reduce the number of vapes being incorrectly disposed of and lead to better environmental outcomes.2 Minister for Public Health and Prevention, Andrew Gwynne, has said that “banning disposable vapes will not only protect the environment, but importantly reduce the appeal of vapes to children and keep them out of the hands of vulnerable young people.”3

Providing a definition of “single-use vape”

The regulations define a “single-use vape” as a vape which is not designed or intended to be re-used.

Under the regulations a vape will only be considered reusable if it is both rechargeable and refillable (not simply one or the other).

Banning the supply of single-use vapes

Specifically, the regulations will make it illegal for a person to supply single-use vapes in the course of a business, whether or not such supply involves the exchange of money. The aim is that this will cover both legitimate businesses and individuals acting illegally.4

Introducing new offences

The regulations will introduce both civil and criminal offences to support enforcement of the ban. The expectation is that initially civil offence enforcement tools would be used (including stop notices, fixed penalty fines or compliance notices, or enforcement undertakings). Failure to comply with enforcement undertakings could then lead to a criminal proceeding being brought against the individual. Failure to comply with other notices would mean that an individual is guilty of an offence and could be liable for an unlimited fine or a prison sentence.5

The government has said that local authorities will be responsible for enforcement of these regulations and that funding will be provided to support enforcement.6

Bans in other parts of the UK

Other parts of the UK are also introducing similar legislation; the Welsh Government confirmed that it would introduce the “Environmental Protection (Single-use Vapes) (Wales) Regulations 2024 to prohibit the supply (including for free) of single-use vapes in Wales” while the Scottish Government has postponed the introduction of its ban, from April 2025 to June 2025, so that its introduction will be in line with the rest of the UK. Northern Ireland had also planned to ban the sale disposable vapes by April 2025.

Related information on tobacco and vaping products

Further information and links to Commons Library research about tobacco and vaping more generally is available online.

These regulations are related to, but separate from, the UK Government’s Tobacco and Vapes Bill 2024-25.

The UK Government has also announced that it will proceed with a new excise duty on vaping products, the Vaping Products Duty (VPD). The VPD will be a single flat rate for all vaping liquid, introduced at £2.20 per 10ml. The duty will come into effect on 1 October 2026. This date is after the start of the single-use vape ban, but which will apply to reusable vaping products.7