1 
  
 
 
 
 
 
 
Partial Business and Regulatory Impact Assessment 
March  2024  
 
 
 Prohibition of the sale and supply of single -use vapes  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 2 
  
 
Title of Proposal   
Prohib ition of the sale and supply of single -use vapes . 
 
Purpose and Intended Effect  
 
1. Vapes (also known as e -cigarettes) have increased in popularity in recent years, 
becoming more mainstream products.1 In Scotland, the proportion of adults 
using nicotine vapour products (vapes) increased from 7% in 2019 to 10% in 
2022.2 This is also confirmed by data collected for the Smoking Toolkit Study 
which shows the proportion of adults making use of nicotine products increased 
from 7.3% in October 2020 vs 9.5% in October 2023.3 Specifically, the 
proportion of adults using single -use vapes has increased, growing from 0.1 % 
to 4.9 % between January 2021 to August 2023 across the UK.  4 
 
2. Vapes  can be a helpful tool to support smokers to quit, though research into the 
safety and effectiveness of e -cigarettes is still relatively new5.They are 
considered less harmful than smoking when smokers completely switch to 
vaping products . As they usually still contain nicotine they are not risk -free, and 
the long -term health impacts of vaping are unknown6. A 2024 Scottish 
Government briefing also concluded that vaping can cause health harms in 
non-smokers to which they would not otherwise have been exposed to7. More 
research is required on dual use of both cigarettes and vapes. Data suggest 
this might pose the same of higher health risks than smoking cigarette alone.8  
 
3. An annual survey undertaken in 2023 by Action on Smoking and Health (ASH), 
looking at the smoking status and vaping behaviour amongst vapes users in 
Great Britain.9 Findings from this research show that 56% of vape users are ex -
smokers, 37% are current smokers and a smaller proportion are people who 
have never smoked. It also found that around two thirds of vape users’ most 
popular main device was a reusable vape, wi th 31% mainly using a single -use 
vape.10 
 
 
1 Use of e -cigarettes among adults in Great Britain.  ASH, 2023  
2 The Scottish Health Survey 2022 – volume 1: main report. Scottish  Government, 2023  
3 Trends in electronic cigarette use in Scotland . Smoking in Scotland portal. Updated 18  January 
2024.  
4 Who would be affected by a ban on disposable vapes? A population study in Great Britain. Sarah E. 
Jackson, Harry Tattan -Birch, Lion Shahab, Melissa Oldham, Dimitra Kale, Leonie Brose, Jamie Brown  
2024  
5 Vaping – Effectiveness as a cessation tool: evidence briefing . Scottish Government, 2024  
6 Vaping – Health harms: evidence briefing . Scottish Government, 2024  
7 ibid 
8 ibid 
9 Use of e -cigarette (vapes) among adults in Great Britain . ASH, 2023  
10 50% of users mainly used an ‘electronic cigarette that is rechargeable and has a tank or reservoir 
that you fill with liquids’ and 17% of users mainly used an ‘electronic cigarette kit that is rechargeable 
with replaceable pre -filled cartridges’.  3 
 4. Single -use-vapes are defined as products that are not rechargeable (they 
use a battery which cannot be recharged, or a coil which cannot be 
replaced, including a coil contained in a single -use cartridge which is not 
separately available), or are not refill able (once empty, the cartridge or pod 
cannot be refilled or replaced),11 or are not rechargeable and not refillable. 
In contrast, a reusable vape can both be recharged and fully refilled an 
unlimited number of times by the user, and will last for a longer period of 
time.  
 
5. Single -use vapes tend to dominate the casual and beginner entry points of the 
market. Generalist retailers, including convenience stores, primarily sell single -
use products whilst specialist vape stores tend to sell more reusable vapes and 
refill products.12  Single -use vapes account for around 50% of the UK vape 
market. It has been estimated that 60% turnover by the vapes industry is 
generated from single -use vapes, in comparison to 40% from reusable vapes, 
refill cartridges and e -liquid.  
6. There has been an increase in popularity in single -use vapes in recent years, 
especially among young people. The proportion of adults using single -use 
vapes increased from 0.1 % to 4.9 % between January 2021 to August 2023 
across the UK.  Last year (2022) a survey by ASH13 showed that for the first 
time the most popular type of e -cigarette amongst GB youth was disposable 
(single use) e -cigarettes, with their use growing more than a 7 -fold between 
2020 and 2022 from 7.7% to 52%. Growth has continued since last year and 
69% o f children this year said this was the device they used most frequently.  
 
7. Vapes should not be used by children, young people or non -smokers. They 
carry an unknown long -term risk of future harm and can be very addictive14. It is 
also an offence to sell vapes to anyone under the age of 18 in the UK. Despite 
the sale of vapes to those under the age of 18 being illegal, the recent Health 
Behaviour in School -Aged Children (Scotland) study15 reports that 3% of 11 -
year-olds, 10% of 13 -year-olds and 25% of 15 -year-olds said they had used a 
vape in the past 30 days. Purchasing from shops is the most common source16. 
The report also found that there have been increases in current vape use since 
2018 for 13 -year-old girls (2% to 13%) and larger increases for 15 -year-olds 
(girls 6% to 30% and boys 8% to 20%).17 They have also increased in 
prevalence amongst young people18 and people who haven’t traditionally 
smoked cigarettes19.  
 
11 Vapes that are rechargeable and not refillable or that are refillable and not rechargeable, are still 
considered disposable or ‘single -use’ even though the lifetime of the vape can be extended through 
refilling or recharging it.  
12 Analysis of the Market for Vapes, Eunomia 2023  
13 Use of e -cigarettes among young people in Great Britain .  ASH, 2023,  
14 Vaping addiction soon takes hold . NHS Inform campaign, access online 15 March 2024  
15 Health Behaviour In School -Aged Children Scotland Study, University Of Glasgow MRC/CSO 
Social And Public Health Sciences Unit, 2022   
16 Use of e -cigarettes among young people in Great Britain. ASH, 2023  
17 Tobacco and Vaping Framework, Scottish Government, 2023   
18 Use of e -cigarettes among young people in Great Britain, ASH, 2023  
19 Use of e -cigarette (vapes) among adults in Great Britain . ASH, 2023  4 
 8. The rise in the use of single -use vapes has led to their increase in the 
waste stream. There has been growing concern over their environmental 
impact as they are typically littered or discarded as general waste in a bin 
rather than recycled. In 2023, it wa s estimated that almost 5 million single -
use vapes were either littered or thrown away in general waste every week 
in the UK, almost four times as many as in the previous year.20  
9. Single -use vapes which are thrown in a bin with general waste will either 
be landfilled or incinerated, and they also pose a fire risk for waste 
collection vehicles and waste transfer sites due to their lithium -ion 
batteries. Compaction during the collecti on process increases the chances 
of puncture and combustion, setting fire to dry and flammable waste or 
household recycling around them. This endangers the public and 
collection crews, as well as damaging public and private property. It is 
estimated that l ithium -ion batteries are responsible for approximately 48% 
(over 200) of all waste fires occurring in the UK each year.21 
10. When single -use vapes are littered, they introduce plastic, nicotine salts, 
heavy metals, lead, mercury, and flammable lithium -ion batteries into the 
natural environment.22 The chemicals can end up contaminating 
waterways and soil and can also be toxic and damaging to wildlife. When 
single -use vapes which have a plastic casing are littered, the plastic can 
grind down into harmful microplastics. Single -use vapes are primarily  
littered in public spaces and this generates clean -up costs to local 
authorities.23 
11. Vapes, like other electricals, should not be placed in a general waste bin 
or littered, and should instead be returned to participating stores or to 
household waste and recycling centres (HWRCs). Current estimates 
indicate that across the UK only 17% of va pe users correctly dispose of 
their single -use vapes24 In Scotland an estimated 12.8% of single -use 
vapes are taken back to participating stores, and 8.3% to household waste 
recycling centres25  
12. Single -use vapes are difficult and expensive to recycle.26 The only 
recycling process available in the UK is manual dismantling which is costly 
and time consuming as most single -use vapes are not designed to be 
 
20 Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Material Focus  media rel ease, 2023  
21 Over 700 fires in bin lorries and recycling centres are caused by batteries many of which are hidden 
inside electricals . Material Focus, 2022,  
22  Youth vaping: call for evidence . Office for Health Improvement & Disparities, 2023,  
23 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes   Hogg, D., 2023,  
24 , Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week .  Material Focus, 2023  
25  Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes . Hogg, D., 2023,)  
26 Dismantling a growing problem .  Valpak, 2023,  5 
 taken apart easily.27 They are designed as one unit and require specific 
tools to remove the lithium -ion battery for recycling and careful handling of 
components to avoid operator exposure to the remaining e -liquid. Of the 
single -use vapes that are returned to a shop or recycl ing centre across the 
UK, it is estimated that only 1% are recycled due to limited recycling 
capacity.28 The remainder of vapes collected for recycling are likely to be 
sent to landfill given the Environment Agency’s guidance (applicable 
across the UK) that single -use vapes should not be incinerated.29 
13. Environmental impacts from manufacturing single -use vapes are also a 
concern. A typical single -use vape contains plastic, copper, cobalt, and a 
lithium battery. Lithium and cobalt are critical raw materials as noted in the 
UK’s Critical Raw Materials Strat egy30 which is essential to the production 
of electronic devices, batteries, and energy generation.31 The increased 
demand for single -use vapes leads to an increased demand for these 
critical raw materials. It is estimated that the total amount of single -use 
vapes purchased every year contain enough lithium to provide batteries for 
5,000 electric vehicles .32 This is a waste of valuable resources in a product 
with a short lifespan, that is poorly recycled, and has a reuseable 
alternative readily available. As well as a loss of resources, there are 
environmental impacts through raw material extraction, single -use vape 
production, and manufacturing. Most notably, this includes greenhouse 
gas emissions and water consumption generated in their manufacture.33 
 
Wider policy context  
14. The Scottish Government is committed to moving towards a circular 
economy, where we move from a "take, make and dispose" model to one 
where we value materials and keep them in use. Reusable vapes are a 
readily available alternative to single -use vapes and have a much longer 
lifespan. They are made from more durable materials and are built to last 
longer. Although they are initially more expensive34, reusable vapes are 
more cost -effective in the long term. Reusable vapes are considered to be 
less environmentally damaging, as the same vape can be used for an 
extended period of time compared to single -use vapes . 
15. The Department of Health and Social Care published a call for evidence 
 
27 Disposable vapes – a challenge to the recycling sector,   IEMA, 2022,  
28 Analysis of the Market for Vapes, Eunomia, 2023   
29 Agency sets out vapes recycling stance, WastePack, 2023   
30 Resilience for the Future: The UK’s Critical Raw Materials Strategy  
31 The Role of  Critical  Minerals in Clean Energy Transitions, World Energy Outlook . International 
Energy Agency, 2021,  
32  Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Material Focus, 2023  
33 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes . Hogg, D., 2023.  
34 Creating a smokefree generation and tackling youth vaping: your views - GOV.UK (www.gov.uk)  6 
 on youth vaping in April 202335 where the impact of vapes on the 
environment was a key theme of interest. A summary of responses to this 
call for evidence was published in October 2023, highlighting many of the 
key issues in relation to the damaging impact on the environment caused 
by single-use vapes .36 In January  2023, the Scottish Government 
commissioned Zero Waste Scotland to examine the environmental  impact 
of single -use vapes . The research  report, published in June 2023 , 
highlighted  environmental concerns including  the increase of e -cigarette 
littering, waste of resources and the fire risk from batteries contained in 
devices , and identified possible policy options to address them .37  
16. There are measures already in place to ensure responsible production and 
disposal of vapes. The Waste Electrical and Electronic Equipment (WEEE) 
Regulations 201338 aim to encourage the reuse and recycling of these 
items by placing financial responsibilities on producers and distributors of 
electrical and electronic equipment (EEE) to pay for the collection and 
disposal schemes for end -of-life products. This means th at all producers 
who place EEE on the UK market, including producers of single -use 
vapes, are responsible for financing the costs of the collection, treatment, 
recovery, and environmentally sound disposal of WEEE.  
17. Compliance with the current WEEE regulations by vape producers is 
estimated to be low. This includes low levels of awareness amongst store 
owners and distributors for takeback schemes, as well as low levels of 
customer participation reported.39  
18. Plans to reform the producer responsibility system for waste electrical and 
electronic equipment40 have recently been consulted on. Proposals under 
review include the provision of collection infrastructure for household 
WEEE financed by producers of electrical and electronic equipment; 
reforms to the take -back obligations that currently apply to distri butors; 
obligations on online marketplaces; and creating a new separate 
categorisation for vapes to ensure producers of vapes properly finance 
recycling costs when they become waste. The reported low awareness of 
producer obligations ought to be addressed by the implementation of 
these producer responsibility reforms.  
19.  To address the range of environmental issues associated with single -use 
vapes, the Scottish Government has agreed with the UK Government 
 
35 Youth vaping: call for evidence . Office for Health Improvement & Disparities, 2023,    
36 Summary of responses and government response . Department for Environment, Food, & Rural 
Affairs, 2023,  
37 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes. Hogg, D., 2023  
38 The Waste Electrical and Electronic Equipment Regulations 2013 . UK Government, 2013,  
39  Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Material Focus, 2023,   
40 Consultation on reforming the producer responsibility system for waste electrical and electronic 
equipment 2023 . Department for Environment, Food, & Rural Affairs, 2023,  7 
 (legislating for England) and the Welsh Government, to prohibit the sale 
and supply of such items  (hereafter referred to as ban on single -use 
vapes). Northern Ireland officials acknowledge the issues raised during the 
consultation and will consider potential legislation in future.  Reusable 
vapes will be unaffected by this change.  
 
Vaping market and Scottish manufacturing  
20. The Scottish single -use vaping industry is estimated to have generated a 
turnover of £156 million in 202341.  The majority of turnover is related to the  
import and  retail sale of devices, rather than their manufacture. For example, 
one of th e largest vape chain s in the UK  now has more than 150 stores 
nationwide and recent reports indicate that its annual turnover has increased by  
almost 60% over the past five years42. 
21. The vast majority of single -use vapes are manufactured in China , with estimates 
of over 80%  of the entire market between 5 to 6 major producers43. While a 
small amount of manufacturing may occur in the UK, there is no evidence to 
suggest that single -use vapes are manufactured in Scotland44. In any case, the 
market share  would be negligible. While little direct evidence exists, it is likely 
that any Scottish market connected to  manufacturing in  the vaping industry is 
connected to refillable products.  Further research is needed to identify the exact 
nature and scale of these markets.  This is most likely to be in the production 
and sale of liquids used .  
22. The Scottish Parliament  passed the Tobacco and Primary Medical Services 
(Scotland) Act 2010  in January 201045.  The Act, among other things,  
introduce d a tobacco sales registration scheme  for tobacco retailers  trading in 
Scotland , which became effective from 201146. The Health (Tobacco, Nicotine 
etc. and Care) (Scotland) Act 2016 amended the 2010 Act to exten d the 
requirement for registration to Nicotine Vapour Product Businesse s.   In 2017 
retailers who sell nicotine vapour products  (either solely or in conjunction with 
tobacco products) were also required to register; prior to  this point registration 
was voluntary. Using this data, it is possible to observe  the trend of new 
registrations from 2011 to February 2024.  
23. The figure s for vapes and tobacco sellers are not inclusive of businesses selling 
vapes only, these are two distinct data sets. A limitation of using this data is that 
despite  a legislative requirement47 to deregister within three months of ceasing 
to trade  or stopping selling vapes or tobacco products , not all businesses will do 
so, particularly if the business closes permanently or changes ownership.  The 
 
41 Disposable Vapes Impact Assessment.  Defra, 2024 (  
42 Vaping is big business in Britain. The Economist, 2023   
43 Analysis of the market for vapes: exploring the environmental impacts of single -use vapes.  
Eunomia, 2023.  
44 Assumptions from Defra single -use vapes impact assessment. As little to no manufacturing has 
been seen in the UK, there is an even smaller likelihood that manufacturing is taking place in 
Scotland.  
45 Tobacco and Primary Medical Services (Scotland) Act 2010 Scottish Government , 2010   
46 Register of tobacco and nicotine vapour product retailers.  Scottish Government.   
47 Tobacco and Primary Medical Services (Scotland) Act 2010 (legislation.gov.uk)  8 
 numbers therefore are likely  an overestimate of businesses in Scotland which 
are selling vapes. To compensate , the numbers  have been adjusted downwards 
by the respective annual rate of business closures (officially referred to as the 
“death rate ”48) for the retail sector in the UK .  
24.  This respective rate has been applied for each year  since  vape sellers have 
been mandated to register. This means those businesses which are already on 
the register and newly register ed for that year are subjected to the annual rate 
at which all businesses close. As this rate reflects the rate at which all 
businesses (existing and new) close in a given year, it should help to adjust the 
cumulative number of businesses on the register each year closer to reality.  
25. In total, there have been 7,567 total Scottish registrations since 201149. 5,826 of 
these are businesses registered to sell both vapes and tobacco  products , and 
1,741 of these  registered to sell vapes but not tobacco products50. Adjusted for 
annual rate of business closure  rates, the total number falls to 6,598, with 5,080 
being tobacco and vapes, and 1,518 being vapes only.  Figures  1, 2 and 3 below  
show the numbers of new registrations for vapes only, vapes and tobacco, and 
the cumulative number of registrations over time for these two categories and a 
combined measure, respectively . As vapes sellers were not mandated to be on 
the register until 2017, trend data has been taken from 2016 onwards to 
demonstrate the impact of this policy more clearly.  Note that the impact of 
Covid -19 in 2020 and 2021  may have reduced the number of registrations in 
those years .  
 
     * Adjusted by ONS annual business death rates  
Figure 1: Scottish Government data (2024)  
 
48 Business births, deaths and survival rates.  Office for National Statistics , live search 19 March 2024  
49 Ibid   
50 Ibid 0100200300400500600700
2016 2017 2018 2019 2020 2021 2022 2023Number of registrations
YearNumber of new registrations -Vapes only 9 
  
    * Adjusted by ONS annual business death rates  
Figure 2: Scottish Government data (2024)  
  
              * Adjusted by ONS annual business death rates  
Figure 3: Scottish Government data (2024)  
26. It is clear from the data in Figures 2 and 3 above  that there has been a 
significant increase in the number of new registrations in the years 2022 and 
2023 for those businesses selling vapes only . This trend is partly mirrored in the 
data for businesses selling tobacco and vapes, although with a much smoother 
upward trend beginning from 2020.  
 
27. Looking at the cumulative number of registrations  between the two data sets, 
and a combined measure, there is a similar trend of new registrations for all 
three measures. For many years now the tobacco and vape industries have 
been moving inversely to each other, with tobacco declining and vaping 01002003004005006007008009001,000
2016 2017 2018 2019 2020 2021 2022 2023Number of registrations
YearNumber of new registrations -Tobacco and 
vapes
01,0002,0003,0004,0005,0006,0007,000
2016 2017 2018 2019 2020 2021 2022 2023Number of registrations
YearCumulative number of registrations -
comparison
Vapes only Tobacco and vapes Combined10 
 increasing51. Based on this trend, it can be reasonably assumed that the growth 
in new registrations overall is primarily driven by the growth in those selling 
vapes , regardless of their registration as a tobacco and vapes retailers or vapes 
retailer . In addition, g iven the significant uptake in single -use vape  use in 
particular over recent years, it would again be reasonable to assume that the 
growth in registrations, particularly for premi ses only selling vapes, is being 
driven by the surge in popularity of single -use vapes.  
 
28. The 2023 UK -wide consultation52 suggests that currently, cigarettes are 
estimated to be on average around three times more expensive than vaping due 
to application of both VAT and cigarette tax. It also suggests there is a relatively 
wide range of costs for vapes, with single -use vapes being cheaper as a one -off 
purchase while reusable vapes are initially more expensive. These price 
differentials will however be subject to change from October 2026 when a new 
Vaping Products Duty is introduced by UK government. A public consultation53 
is underway on this new duty and will close on 29th May 2024. It sets out the 
proposals for how the duty will be designed and implemented and will be 
accompanied by a one -off increase in tobacco duties.  
29. Costs used in the consultation ranged from an average of £6 for single -use 
vapes to £40 for reusable v ersions. Reusable vapes are more expensive initially 
with a higher upfront purchase cost. This differs according to the type of 
reusable vapes, with pre -filled pods kits on average costing an average of £12 
with the more complex refillable cartridge vapes an average of £40 . Single -use 
vapes as a one -time purchase average around £6, making them the cheaper 
option in the short term.  
 
Objective  
30. The policy objectives of the intervention are to:  
• Accelerate a reduction in environmental harm by reducing the number of 
vapes being landfilled, incinerated, and littered, and increasing recycling and 
reuse rates by requiring consumers to move to reusable alternatives;  
• Stimulate businesses and consumers to replace their single -use vapes with 
reusable alternatives, thereby supporting a switch to less environmentally 
harmful products.  
 
31. Banning the sale and supply of single -use vapes  will contribute to objectives set 
out in the Climate Change (Scotland) Act 200954, and the Climate Change Plan, 
Third Report on Proposals and Policies (RPP)55. The Climate Change Plan: 
Third RPP 2018 -2032 was published in February 2018 and sets out plans to 
 
51 Vaping is big business in Britain . The Economist, 2023  
52 Creating a smokefree generation and tackling youth vaping: your views - UK Gov - 2024   
53 Vaping Products Duty consultation . HM Treasury, 2024  
54 Climate Change (Scotland) Act 2009  
55 Climate Change Plan: The Third Report on Proposals and Policies 2018 -2032 . Scottish 
Government, 2018  11 
 achieve decarbonisation of the economy in the period to 2032, making progress 
towards the target of net zero by 2045.  
32. In 2015, the Scottish Government signed up to support the United Nations 
Sustainable Development Goals56. The ambition behind the goals is to end 
poverty, protect the planet and ensure prosperity for all as part of a new 
sustainable development agenda. A ban on the sale and supply of single -use 
vapes  will have a positive impact on a number of these goals, most explicitly 
Goals 12, 13, 14 and 15:  
• Responsible Consumption and Production , 
• Climate Action , 
• Life Below Water , 
• Life on Land . 
33. Furthermore, the policy will contribute towards goals outlined in Scotland’s 
National Strategy for Economic Transformation (NSET)57. Specifically, the vision 
to create a wellbeing economy which is thriving across economic, social, and 
environmental dimensions. Reducing material consumption, particularly with 
problematic single -use items, will help to keep our economy with environmenta l 
limits, and climate and nature targets.   
34. The proposed  ban on  the sale and supply of  single -use vapes  aligns with the 
latest Programme for Government 2023 to 202458 where the commitment is 
made to “Take action to reduce vaping among nonsmokers and young people 
and to tackle the environmental impact of single -use vapes, including consulting 
on a proposal to ban their sale and other appropriate measures.”  Also, the 
National Mission to build a fair, green, and growing economy, and two out of five 
of the key priorities outlined by the First Minister:  
• “Ensure that Scotland leads the way in tackling the climate emergency – in 
how we heat our homes, travel day -to-day, and use our land”.  
• “Reverse decades of damage to the natural world on land and sea by 
helping nature fight back”.  
 
Existing regulatory landscape  
35. Producer responsibility for vapes falls under the Waste Electrical and Electronic 
Equipment (WEEE) Regulations  2013  (the “WEEE Regulations”) . The majority 
of the  WEEE  Regulations came into force across the UK on 1 January 2014, 
 
56 UN Sustainable Development Goals . United Nations website, live search  
57 Scotland’s National Strategy for Economic Transformation . Scottish Government, 2022  
58 Programme for Government 2023 to 2024 , Scottish Government, 2023  12 
 implementing Directive 2012/19/EU on WEEE,59 and provid ing for a wider range 
of EEE products to be covered by the WEEE Regulations with effect from 1st 
January 2019. There are fourteen broad categories of WEEE outlined within the 
WEEE Regulations60. Vapes currently fall under category 7 – toys, leisure, and 
sports equipment. A key principle in managing WEEE is the “polluter pays” 
principle, which underpins many environmental measures.   
36. The current system of W EEE Producer Responsibility (PR)  is based on 
‘collective producer responsibility’. Unlike in an individual producer responsibility 
scheme, producers do not have to individually finance the collection and 
reprocessing of exclusively their own equipment. Rather, the entire market’s 
WEEE is  collected, reprocessed, and collectively paid for based on the fraction 
of each producer’s market share, by weight, of each category of WEEE. As 
vapes fall under a broad category, it is highly likely that all producers within that 
category (whether vapes or otherwise) share in the cost of recycling vapes.  
37. However, the costs of recycling vapes are significantly higher than other 
category 7 products, with estimates of the cost of recycling a single vape to be 
£0.4-£1.0, and with costs by weight to be £5 -£10 per kilogram.61 This 
categorisation means that it is likely that vapes producers will not cover the full 
cost of vapes collected for recycling, reducing the incentive for them to ensure 
that their products are easily recyclable.  
38. For example, research commissioned by Zero Waste Scotland62 found that 
WEEE recycling organisations were facing costs of recycling single -use vapes 
in the order of £0.50 per item (some organisations have been quoted £1 per 
item). Empty single -use vapes weigh of the order 30g Error! Reference source 
not found. , so a cost of the order £0.50 per item equates to over £15,000 per 
tonne.  
39. Where vapes are collected for recycling by producer compliance schemes (for 
example where households return vapes to their local HWRC), there is 
significant risk that the other category 7 producers will share the significantly 
higher cost of treating these  vapes. This unfairly increases the compliance costs 
to these producers. The challenge for producer compliance schemes to fairly 
apportion costs of collection and treatment of vapes acts as a disincentive for 
them to sign up vape producers. The current inc lusion of vapes within category 
7 means that producer compliance schemes and producers also do not 
currently need to ensure that vapes are collected to meet their recycling targets, 
as targets can be met through financing the collection of other category 7  items. 
The current categorisation therefore means that it is unlikely that vapes 
producers are covering the full cost of vapes collected for recycling, which 
 
59 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste 
electrical and electronic equipment (WEEE) (recast).   
60 Waste Electrical and Electronic Equipment recycling (WEEE).  Health & Safety Executive   
61 Analysis of the market for vapes: exploring the environmental impacts of single -use vapes.  
Eunomia, 2023.  
62 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes   Hogg, D. 2023,  13 
 reduces the incentive for them to ensure that their products are easily 
recyclable.  
40. At the point that the WEEE Regulations were implemented, vape usage was 
low, and these products only made up a small proportion of category 7. 
However, there has been as significant increase in the use of vapes in Scotland, 
as evidenced above. Additionally , compliance with the WEEE Regulations by 
vape producers is estimated to be low, particularly among producers and 
convenience stores. Retailers that sell vapes  in any quantity  are obliged to offer 
take-back services for recycling (i.e. they must provide a vape disposal bin in 
store). There are low levels of awareness amongst store owners and distributors 
for takeback schemes, as well as low levels of customer participation reported.  
41. The WEEE Regulations as th ey relate to the management of single -use vape 
waste  are being reviewed. One of the proposed changes is to make a distinct 
category for vapes. Th e aim is to ensure that it is vape producers who pay the 
cost of managing single -use vaping waste , the cost of which is currently – and 
disproportionately  – falling on local authorities  and other category 7 producers.  
Creating this sole but collective responsibility amongst vape producers may 
incentivise them to enhance the recyclability of their products through eco -
design or reduce their demand through cost pass -through to the consumers 
from the increase in waste end -of-life management costs.  
42. Extended Producer Responsibility Regulations for WEEE ha ve recently been 
consulted upon, which includes the costs of collection, transport, treatment, and disposal of 
WEEE.    
43. A new Vaping Products Duty will be introduced by the UK government in 
October 2026. A public consultation63 is underway on this new duty and will 
close on 29 May 2024. It sets out the proposals for how the duty will be 
designed and implemented and will be accompanied by a one -off increase in 
tobacco duties.   
 
44. The planned ban on the sale and supply of  single -use vapes  forms part of a 
suite of measures being taken forward by the Scottish Government to reduce 
our reliance on single -use items. This includes the implementation of the 
Environmental Protection (Single -use Plastic Products) (Scotland) Regulations 
2021 in June  2022  and we will shortly publish a consultation on the introduction 
of a charge for single use disposable beverage cups to encourage behaviour 
change towards re -use. This builds on the success of the single -use carrier bag 
charge.   
45. The Scottish Government is working with other nations in the UK on the 
expansion of the UK Emissions Trading Scheme (ETS) to include incineration 
and energy from waste. The UK ETS Authority held a joint consultation64 in 
2022. A joint UK response65 set out that inclusion of incineration and energy 
 
63 Vaping product duty consultation - UK Gov - 2024   
64 Developing the UK Emissions Trading Scheme (UK ETS) . UK Government, 2022   
65 Developing the UK Emissions Trading Scheme: Main Response . UK Government, the Scottish 
Government, the Welsh Government and the Department of Agriculture, Environment and Rural 
Affairs for Northern Ireland, 2023   14 
 from waste in the UK ETS could facilitate reductions in emissions and increased 
efficiency of these processes by, for example, incentivising increases in 
recycling and investments in mixed waste sorting, heat networks and carbon 
capture and storage. The response noted an intention to include incineration 
and energy from waste in the UK ETS from 2028, but noted further work was 
needed on several areas ahead of a further consultation . There is a risk that 
Persistent Organic Pollutants (POPs) above threshold l imits, may be identified 
in single -use vapes (and reusable vapes at the end of their usable lives), which 
means they would need to be managed in line with relevant regulations and 
managed in a way that destroys the POP content. Currently, the main option 
available to destroy the POP content is energy from waste, which could be 
affected by the proposed inclusion of energy from waste in the UK ETS scheme 
from 2028.  Waste managers dealing with end -of-life vapes will therefore be 
affected by the potential inclu sion of energy from waste in the UK ETS scheme.  
 
Rationale for Government intervention  
 
46. It is expected that the implementation of a ban on single -use vapes  will: 
  
• Reduce the volume of  waste created .  
• Reduce the numbers of single -use vapes  entering terrestrial and marine 
ecosystems through littering .  
• Encourage wider and more sustainable behaviour change around the 
consumption of single -use items to tackle our throwaway culture .  
• Reduce consumption of critical raw materials.  
• Encourage a shift towards reusable alternatives.  
 
47. While not a direct rationale for the intervention the sharp rise in  youth vaping is 
of growing c oncern . As already noted , despite the sale of vapes to those under 
the age of 18 being illegal, the recent Health Behaviour in School -Aged Children 
(Scotland) study66 reports that 3% of 11 -year-olds, 10% of 13 -year-olds and 
25% of 15 -year-olds said they had used a vape in the past 30 days.  
 
Rising consumption in absence of intervention  
48. Based on current and projected market trends, it is unlikely that in the absence 
of intervention, the consumption and subsequent disposal of single -use vapes  
will fall as a result of  market or other forces alone. The numbers of total single -
use vape  users in 2022 was estimated at around 149,000, which could rise to 
as much as 361,000 by 202767. Converting this into an implied consumption of 
single -use vapes could equal as high as 26.6 million to 63.9 million, 
respectively68.  
 
Environmental , health,  and social externalities  
 
66 Health Behaviour In School -Aged Children Scotland Study, University Of Glasgow MRC/CSO 
Social And Public Health Sciences Unit, 2022   
67 Zero Waste Scotland (2023)  Scoping policy options for Scotland focusing on understanding and 
managing the environmental impact of single use e -cigarettes  
68 Ibid 15 
 48. Due to their nature, when single -use vapes come to end -of-life, they are often 
disposed of in residual waste or littered, ending up either in landfill or 
incinerated. This is the ir main contribution  to negative externalities.  Externalities 
associated with extraction or raw materials and production are not included, as 
the BRIA only considers territorial effects in Scotland.  Containing  lithium -ion 
batteries, single -use vapes wh en improperly disposed of pose a fire risk. This 
can be in household/commerc ial household waste bins, inside waste collection 
vehicles, or in household waste and recycling centres (HWRCs), or many other 
environments.  
49. During waste management and recycling processes, vapes  can be crushed or 
punctu red, potentially causing them to self -combust69, setting fire to combustible 
materials surrounding them. This poses health and environmental concerns 
both to waste management and recycling workers, and the public. Th e 
prevalence  of fires linked to single -use vapes which have been improperly 
disposed of is likely to be costing councils and waste management businesses 
heavily. It is estimated that lithium -ion batteries are linked to roughly half of all 
waste fires in the UK each year70.  
50. In 2023, it was estimated that almost 5 million single -use vapes were either 
littered or thrown away in residual waste streams in the UK, almost four times as 
much as the previous year71. When single -use vapes are littered, they introduce 
plastic, nicotine salts, heavy metals, lead, mercury, and flammable lithium -ion 
batteries into the natural environment72. The chemicals can contaminat e 
waterways and soil and can also be toxic and damaging to wildlife. When single -
use vapes with a plastic casing are littered, the plastic can grind down into 
harmful microplastics. Single -use vapes are primarily littered in public spaces 
and this generates clean -up costs to local authorities (LAs)73. 
 
51. Since single -use vapes contain critical raw materials such as lithium, cobalt, and 
copper74 their production (and often use and disposal) creates negative 
environmental externalities. Lithium is particularly critical in the production of a 
wide range of electronic devices. At the UK level , it is estimated that five million 
single -use vapes are being thrown away per week, taking a population share for 
Scotland  (8.18% of the UK total)75, this amounts to enough lithium to make 
around 400 electric vehicles per year , based on a UK -wide estimate of 5,000 
 
69 Single -use vapes  sparking  surge  in fires at UK waste -plants . The Guardian, 2023  
70 Over 700 fires in bin lorries and recycling centres are caused by batteries many of which are hidden 
inside electricals . Material Focus media release, 2022.  
71 Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Material Focus, 2023  
72 Youth vaping: call for evidence . Office for Health Improvement & Dispar ities, UK Government 2023  
73 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes   Hogg, D. 2023,  
74 The Role of Critical Minerals in Clean Energy Transitions.  IEA, 2021  
75 Population estimates for the UK, England, Wales, Scotland and Northern Ireland: mid -2021 . Office 
for National Statistics, 202 2  16 
 electric vehicles per year76. Other environmental externalities include 
greenhouse gas (GHG) emissions, energy use, water use, and littering77.  
 
52. Littering  was a key driv er in the ban on certain  single -use plastic items in 
Scotland78 due to their persistent nature causing long -term visual disamenity and 
ecosystem damage79. Single -use vapes are a step change up from other single -
use plastic items as they also contain electronics and many other problematic 
materials and substances which could be hazardous to human and ecosystem 
health. Due to this, their visual disamenity cost is likely  to be much higher  where 
people are aware of the components and the risk of combustion and /or leakage 
into the environment.  
53. When single -use vapes  are disposed of incorrectly, potentially harmful materials 
and chemicals enter  terrestrial and marine environments. Some materials  can 
persist for hundreds of years causing damage to ecosystems. Chemicals added 
during the manufacture of plastics can enhance durability, act as a colorant, 
plasticizer, stabilizer or increase flame retardancy. Some of these chemicals are 
classified as persistent organic pollutants (POPs) and endocrine disruptor 
chemi cals (EDCs) and will further harm terrestrial and marine life if ingested as 
microplastics80. The electronics and critical raw materials (lithium -ion batteries, 
copper, cobalt etc.) can also pose their own risk to human and ecosystem 
health.  
54. From a  socioeconomic perspective , littering of single -use vapes  imposes direct 
societal costs in the form of litter clean up from local aut horities and other 
organisations and indirect costs such as the visual disamenity of litter. Given  
these costs , the policy aim is to eliminate the consumption of single -use vapes  
and therefore reduce their negative social and environmental externalities. This 
can come either from consumers  switching to reusable alternatives, or forgoing 
consumption altogether.   
55. There may also be positive impacts on mental health and wellbeing if the ban is 
successful in achieving a reduction in litter. The Scottish Litter Survey81 found 
that the effects of litter on local resident ’s health and wellbeing was among 
respondents’ top three concerns, ranking third after the impact on animals and 
the environment and negative perceptions of the neighbourhood. Furthermore, 
the Carnegie Trust found that those who reported the highest  incidence of 
environmental incivilities  such as litter  were more  likely to report anxiety, 
depression, poor health,  smoking , and poor exercise than those with  more 
 
76 Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Material Focus media release, 2023  
77 Scoping policy options for Scotland focusing on understanding and managing the environmental 
impact of single -use e -cigarettes   Hogg, D. 2023  
78 Single -use Plastic Pr oducts (Scotland) Regulations 2021. Zero Waste Scotland Knowledge Hub, 
2023  
79 Environmental Protection (Single -use Plastic Products) (Scotland) Regulations 2021: business and 
regulatory impact assessment – final.  Scottish Government, 2021   
80 Marine litter plastics and microplastics and their toxic chemicals components: the need for urgent 
preventive measures . Gallo, F., Fossi, C., Weber, R. et al. Environmental Sciences Europe, Volume 
30 2018  
81 Scottish Litter Survey, Keep Scotland Beautiful, 2023   17 
 positive views on this aspect of their local  environment82. Another study83 
investigated the effect of litter on psychological reactions to marine 
environments. The study found that photographs  of un-littered coasts tended to 
provide participants with a sense of happiness  and less stress  while  photographs 
exhibiting littered coasts caused participants to  exhibit stress and a lack of the 
positive psychological benefits that coastal environments normally provide .  
 
Information failure  
56. There are also information market failures present. Despite single -use vapes 
being covered by WEEE Regulations , there are low levels of consumer 
awareness over the environmental and health impacts of incorrect disposal 
and a lack of knowledge, and willingness, to pursue correct forms of 
disposal84. The opacity and frequent changes, in addition to the diversity of 
companies involved in the importation and distribution, makes the UK vape 
market complex to understand. Low barriers to entry allow new and 
opportunistic companies to import vape products. T he innovation and the 
development of new types of vaping products provides opportunities for new 
entrants to satisfy demand for novel and innovative products. The market has 
grown rapidly and is likely to continue developing, with a high number of new 
entrants bringing products to the UK market and a range of retail channels 
bringing products to consumers.85 
Lack of compliance  
 
57. This lack of information and complexity has  contributed towards  a lack of 
regulatory compliance with  products on the market which exceed the legal 
level of nicotine or circumvent the minimum product safety standards . The 
highest strength legally allowed in a single -use vape in the UK is 20mg (2%) 
and 2ml, so 40mg  of nicotine in total86. Trading Standards have seized single -
use vapes  entering the UK  containing far above this legal limit87. This poor 
compliance extends to retailers and other businesses selling single -use vapes 
to the public . The most common method for those aged under 18 to buy 
vapes is from shop s88. This is illegal and ongoing enforcement will be 
required .  
Lack of recycling infrastructure and capacity  
 
82 Pride in Place: Tackling Incivilities, Carnegie Trust UK, 2012   
83 Factors That Can Undermine the Psychological Benefits of Coastal Environments: Exploring the 
Effect of Tidal State, Presence, and Type of Litter, Wyles et al., 2016   
84 Over 700 fires in bin lorries and recycling centres are caused by batteries many of which are hidden 
inside electricals.  Material Focus, 2022.  
85 Analysis of the market for vapes: exploring the environmental impacts of single -use vapes.  
Eunomia, 2023.  
86 E-cigarettes: regulations for consumer product s, UK Government. Accessed February 2024.  
87 Vapes 10 times over legal size seized at Kent ports , BBC News. Accessed February 2024.  
88Use of e -cigarettes among young people in Great Britain. ASH, 2023 ..  18 
 58. Current estimates indicate that only 17% of vape users in the UK correctly 
dispose of their single -use vapes89. Of the single -use vapes returned to a 
participating store or HWRC, it is estimated that only 1% are recycled due to 
limited recycling capacity90. When single -use vapes are recycled, the cost of 
doing so is high per item and by weight. In addition, the costs of recycling 
vapes are significantly higher than other category 7 products, with estimates 
of the cost of recycling a single vape to be £0.40 -£1, and with costs by weight 
to be £5 -£10 per kilogram91.  
59. Current UK -wide estimates for the  cost of collecting and recycling these vapes 
is £200 million  per year92. If it is assume d that the  consumption of single -use 
vapes can be divided up reliably by population share, i.e. Scotland at 8.18%, 
the costs attribute d to Scottish LAs , government, organisations, and society 
for the collection and recycling of vapes would be £16.35 million per year.  
International examples  
60. There is growing international momentum to restrict the sale and supply of 
single -use vapes. In the European Union, the Battery Regulation requires , 
from 2027 , that portable batteries in most electronic  devices (such as e -
cigarettes /vapes ), must be removable and replaceable by the users 
themselves93. Single -use vapes which do not currently meet these 
requirements will  be prevented from being placed on the market in the EU as 
of 2027 .94 
 
61. The French government is considering a ban95 on single -use vapes amid 
health and environmental concerns, which is likely to come into effect by 
September 2024. Ireland and Germany are also considering bans on single -
use vapes due to their concerns about environmental impacts and disposal 
issues.96 Belgium will become the first EU member state to ban disposable 
electronic cigarettes  from 1 Jan 2026  following  the European Commission ’s 
recent approval of its legislation97. 
 
62. The sale of all e -cigarettes with a flavour other than tobacco is banned in 
Finland, and restrictions apply to advertising and promotion at points of sale. 
In Norway, sales of e -cigarettes and e -liquids are restricted to instances 
where the product has been approved by the Directorate of Health. Domestic 
sale of flavoured vapes is also banned in China, though their manufacture for 
 
89 , Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week .  Material Focus, 2023  
90 Analysis of the market for vapes: exploring the environmental impacts of single -use vapes.  
Eunomia, 2023.  
91 ibid 
92 Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week . Materials Focus, 2023.  
93 Council adopts new regulation on batteries and waste batteries - European Council - 2023   
94 Regulation (Eu) 2023/1542 of the European Parliament and of the Council of 12 July 2023 
Concerning Batteries and Waste Batteries, Amending Directive 2008/98/Ec, Official Journal of the 
European Union, 2023   
95 France backs ban on disposable vapes - The Royal Environmental Health Institute Scotland - 2024 .  
96 Disposable vapes FAQs Local Government Association, 2024   
97 Register of Commission Documents - C(2024)1673 (europa.eu)  19 
 export is permitted.98  
 
63. New Zealand introduced a ban on single -use vapes in 2023 requiring  
manufacturers, importers, distributors, and retailers to only sell single -use 
vaping products that ha ve a removable battery, a child safety mechanism, 
follow new nicotine concentration  requirements, and comply with new labelling 
requirements99. Further restrictions include limiting vape products and their 
packaging to only allow generic flavour descriptions and prohibiting new 
specialist vape shops  from opening in the immediate vicinity of schools.  
 
64. Australia has also taken action to limit the use of vapes through stronger 
legislation, enforcement, education, and support. From October 2021, a 
prescription is required to lawfully access vapes containing nicotine in 
Australia100 and imports of single -use vapes were banned from January 2024.  
 
65. Other countries, such as Qatar and Singapore, banned the use of vapes in 
their entirety, whereby the possession or sale of them can result in a penalty 
fine. More information on international legislation restricting the sale and 
supply of vapes is provided  on the Tobacco Control Laws website101. 
 
Alignment with health objectives  
66. In 2013 the Scottish Government launched 'Creating a tobacco -free 
generation: A Tobacco Control Strategy for Scotland'102. It contained the 
ambitious aim of making Scotland tobacco -free (population smoking 
prevalence of 5% or less) by 2034 (hereafter referred to as the 2034 target).  
The 2018 Tobacco Action Plan "Raising Scotland's tobacco -free generation: 
our tobacco control action plan 2018"  103 was launched by the Scottish 
Government in June 2018 superseding but building on the 2013 
Strategy.  This five -year action plan set out further interventions and policies to 
help reduce the harms from tobacco in Scotland.   
67. In 2022, work began to develop a new action plan ‘Tobacco and Vaping 
Framework: Roadmap to 2034’  (published in 2023) , which set s out Scottish 
Government’s  direction to the original smoke free 2034 target . This long -term 
Framework  is underpinned by a series of two -year action focused 
implementation plans. This first  implementation plan will run  until November 
2025 .  
 
98 GB 41700 -2022 National Mandatory Standard for Electronic Cigarettes . AGC news release, 2022  
99 Vaping, herbal smoking and smokeless tobacco products regulation . New Zeal and Ministry of 
Health, 2024.  
100 About vaping and e -cigarettes . Department of Health and Aged Care, Australian Government, 
2023.  
101 Tobacco Control Laws - Bans on e -cigarettes . Live Search , accessed February 2024.  
102 Tobacco Control Strategy - Creating a Tobacco -Free Generation . Scottish Government, 2023  
103 Raising Scotland's tobacco -free generation : our tobacco  control  action  plan 2018 . Scottish 
Government, 2018.  20 
 68. The Tobacco  Framework  recognises the rapidly changing landscape in 
Scotland, especially around the rise in popularity of vapes , where there should 
be a joint focus on the harmful effects of tobacco and vapes.  
69. Other areas included in the Creating a s moke free generation and tackling 
youth vaping ’consultation  launched in October 2023104. are being taken 
forward in the Tobacco and Vapes Bill105, which was introduced  in 
Westminster on 20 th March. The Bill  includes , among other things,  provisions 
relating to  the restricti on of  flavours, packaging  and displays of vapes.   
 
Alignment with National Performance Framework  and other strategies  
70. Eliminating the consumption of single -use vapes  will contribute towards 
deliver ing the strategic aims  within the Scottish Govern ment’s  draft Circular 
Economy  Route Map106, and forms part of the system -wide vision to 
accelerate more sustainable use of our resources across  the waste hierarchy  
between now and 2030 .  
71. With reference to the National Performance Framework (NPF)107, the 
proposed legislation is directly applicable to the following National Outcomes:  
• We value and enjoy our built and natural environment and protect it and 
enhance it for future generations108. 
• We reduce the local and global environmental impact of our consumption 
and production109. 
72. The Circular Economy (Scotland) Bill110 as introduced, includes  measures to 
establish a legislative framework to support  Scotland’s transition towards a 
circular economy. The Circular Economy (Scotland) Bill completed  Stage 1  in 
the Scottish Parliament  on 20 March . The bill  includes provisions to  require 
Scottish Ministers to publish a strategy for a circular economy every 5 years  
and enables regulations to impose  circular economy targets  on the Scottish 
Ministers . Additional provisions include:  
• Powers to restrict the disposal of unsold goods;  
• Presenting local authorities with new powers and responsibilities for 
collection of household waste, including allowing Scottish ministers to set 
the recycling targets;  
 
104 Creating a smokefree generation and tackling youth vaping: your views.  UK Government, 
Department Health & Social Care, 2024  
105 Smokefree generation one step closer as bill introduced - GOV.UK (www.gov.uk)  
106 Circular economy and waste route map to 2030: consultation.  Scottish Government, 2024  
107 National Performance Framework.  Scottish Government, accessed February 2024  
108 National Outcome: We value and enjoy our built environment and protect it and enhance it for 
future generations . Scottish Government, accessed February 2024  
109 National Outcome: We  reduce the local and global environmental impact of our consumption and 
production . Scottish Government, accessed February 2024  
110 Circular Economy (Scotland) Bill . Scottish Government,  2023  21 
 • More enforcement powers to tackle issues such as fly -tipping;  
• Improvement of waste monitoring; and  
• Powers to introduce charges for single -use items.  
 
73. The Bill aims to accelerate Scotland’s journey towards a circular economy, 
and the proposed ban on single -use vapes align with this ambition by phasing 
out single -use items and encouraging the adoption of reusable alternatives.  
 
74. The Scottish Government launched a consultation on Scotland’s draft Circular 
Economy and Waste Route Map to 2030111 in January 2024. The Route Map 
sets out how Scotland should deliver its circular economy ambitions, making 
use of the new powers included in the Circular Economy (Scotland) Bill.   
 
75. Measures in the Route Map are grouped under four strategic aims, which 
reflect the span of the waste hierarchy:  
 
• Reduce and reuse  (including a commitment to ‘consult on actions 
regarding the environmental impacts of single -use vapes’. ) 
• Modernise recycling;  
• Decarbonise disposal; and  
• Strengthen the circular economy.  
 
 
Consultation  
 
Within Government  
76. The Scottish Government Environment and Forestry Directorate has engaged 
with other relevant teams across the Scottish Government regarding the 
potential impacts of the policy on:  
• Socio -economic inequality issues such as low income, low wealth, and 
area deprivation;  
• Different geographic communities including island communities;  
• People  with protected characteristics ; and  
• Businesses, including the retail industry and vape producers . 
Public Consultation  
77. A four nations public consultation, ‘Creating a smokefree generation and 
tackling youth vaping’112 ran from 12 October to 6 December 2023.  This 
consultation detailed the governments’ policy intent for future direction on both 
smoking and how to tackle youth vaping.   
 
111 Circular economy and waste route map to 2030: consultation.  Scottish Government, 2024  
112 Creating a smokefree generation and tackling youth vaping . UK Government, 2023  22 
 78. Consultation responses with regards to vapes  were strongly supportive of a 
ban on the sale and supply of single -use vapes.  
79. As a result of the responses to the consultation , the Scottish Government, 
alongside the UK  and Welsh governments intend to  introduce legislation to 
implement a ban on the sale and supply  of single -use vapes.  
80. In February 2024 , Scottish Government held a two week  consultation (23rd 
February – 3rd March 2024)  on the draft ‘Environmental Protection  (single -use 
Vapes)  (Scotland) Regulations 2024 ’.113  This consultation also confirmed  the 
proposed coming into force  date of the regulations as 1 April 2025.  
81. The Regulations have been updated to take into account responses to the 
consultation  on the draft regulations .  
82. This Partial BRIA is being published  alongside a Scottish Government 
consultation paper on the  final package of measure s.   
83. The consultation is accompanied by  a full suite of impact assessments 
including this BRIA,  an equalities impact assessment ,  fairer Scotland duty 
assessment , island community impact assessment , children's rights and 
welfare assessment  and a  strategic environmental assessment report .   
84. This public consultation will run for 6 weeks between Tuesday 2nd April 2024 
to Tuesday 14 May 2024.  
Business  
85. All registered vape  and tobacco retailers  in Scotland have been contacted to 
notify them of the policy proposal  and consultations.  
86. Engagement with business will also take place through the  Scottish Firms 
Impact Test  (SFIT ), which will help to  identify:  
• Industry views on the implementation considerations for  a ban on single -
use vapes . i.e., what actions may different businesses take in response? 
Will they pivot towards reusable vapes, supply secondary equipment such 
as liquids, or exit the market altogether? Or a mixture of the above?   
• What effect will these actions have on consumer demand and overall 
material use?  
• The potential for unintended consequences of the ban e.g. what will 
happen to surplus stock if not sold prior to the ban .  
87. To understand the full impac ts of the implementation of  proposed legislation 
on small, medium, and large businesses, discussions with an appropriate 
cross -section of affected business stakeholders will be held. It is expected 
 
113 Consultation on  Draft Environmental Protection (Single -use Vapes) (Scotland) Regulations 2024 . 
Scottish Government, 2024 . 23 
 that the following stakeholder groups will be directly affected by the 
implementation of the  proposed legislation.  
• Scottish manufacturers  
• Importers /suppliers  
• Wholesalers  
• Retail and retail representative bodies  
• Recycling and waste management organisations  
88. The following stakeholder groups are expected to be indirectly affected by the 
implementation of proposed legislation:  
• Raw material suppliers  
• Equipment suppliers  
 
89. All engagement will adhere to our commitments under the World Health 
Organisation Framework Convention on Tobacco Control (FCTC) Article 5.3 . 
This ensures our tobacco control  policies are  protect ed from commercial and 
other vested interests of the tobacco industry.  
 
 
Options  
 
90. The policy options considered in this analysis have been designed in line with 
the objectives set out above: to eliminate  the consumption of single -use vapes  
and therefore reduce the environmental harm caused . Each option is 
compared against a common baseline which is the business -as-usual case.  
91. A number of alternative policy options were given consideration but were 
filtered out when set against a policy  success criteria . The full screening 
process is available in Defra’s IA114. The alternative policy options included 
the following:  
• Implementation of a Deposit Return Scheme (DRS) for single -use vapes.  
This option would entail deposits being placed on single -use vapes to 
incentivise people to recycle them. Though this could help with increasing 
recycling of single -use vapes and thereby reduce negative impacts on the 
environment, it would also end up having cost implications for vape 
producers, Local Authorities through the cost of recycling and monitoring 
compliance, and costs through establishing dedicated vape bins. This option 
 
114 Impact Assessment on the Proposal to ban the sale and supply oof disposable vapes (UK -wide 
assessment).  Department for Environment, Food and Rural Affairs (Defra), 2024.  24 
 would be less likely to promote the use of reusable alternatives and would 
also take several years to implement, when the problem under consideration 
is growing at an exponential rate. Further, the country currently lacks suitable 
facilities to recycle the se products and so this option is less likely to be 
feasible.  
• Request -only option.  This option would involve single -use vapes being 
available by request -only in all settings, but not readily on display (i.e. only 
made available if a consumer specifically asks for one).This would be similar 
to the current approach with tobacco products whereby retailers make 
temporary, limi ted size displays on request when selling a tobacco product to 
a customer aged 18 or over, though specialist tobacconists are still able to 
display tobacco in designated tobacco areas (i.e. specialist tobacconists can 
display and advertise tobacco products  inside their shops provided they are 
not visible from the outside). Unlike tobacco products, there are no measures 
to regulate the display of vaping products in shops in Scotland. Vaping 
products are openly and prominently displayed on countertops, at til l points 
and in eye -catching display towers on shop floors.115 Concern has been 
expressed about children seeing and easily picking up vapes due to them 
being displayed within aisles, close to sweets and confectionary products and 
on accessible shelves.116 However, the impacts in reducing the usage of 
single -use vapes are uncertain with a request -only option. It would be more 
likely to act as a barrier for children and prevent them from vaping, but not 
necessarily for adult vapers. This in turn may not fully reduce the current 
environmental impacts being faced an d so this option does not specifically 
target the policy objectives specifically related to the environment. It would 
also be more difficult for enforcement bodies to monitor if businesses are 
complying with this regulation and would likely have no effect on online 
consumption, where it is estimated that 30 -35% of consumers purchase 
online.117 
• Take -back scheme.  This option would build upon what is already in place 
with the current WEEE regulations. This will increase accessible take -back 
and recycling solutions, since it has been suggested that recycling facilities 
are not easily accessible. This would involve t he introduction of retailer 
collection points or designated vape bins in more retailers and places like 
schools/universities and other public spaces. Responses to the DHSC Call for 
Evidence118 frequently mentioned that schools should have designated ‘vape 
bins’ where children could safely dispose of vapes, both to decrease littering 
and to take away opportunities for children to pick up discarded vapes to use 
or sell, which is an issue in schoo ls.119 Moreover, this option would make it 
easier for people to dispose of vapes correctly without having to go to a 
HWRC or a store with designated bins. However, this option is likely to be 
very costly to stores and schools, and even if more vapes were placed in 
these ‘vape bins’ there is no guarantee they would end up being recycled due 
to the lack of recycling infrastructure in the UK and so could end up in landfill 
 
115 Shop displays of tobacco and vaping products - House of Commons Library - 2023   
116 Stopping the start: our new plan to create a smokefree generation - UK Gov - 2023   
117 Eunomia (2023)  Analysis of the Market for Vapes (unpublished)  
118 Youth vaping Call for Evidence - UK Gov - 2023   
119 Eunomia (2023) Environmental Impacts of Vapes (unpublished)  25 
 instead. Furthermore, given the prevalence in use by children (including being 
sold illegally to those underage), these consumers may not want to return to 
stores as they are likely hiding using them to begin with so there would be a 
lack of compliance.  
• Creating recycling infrastructure to deal with disposable vapes.   A key 
challenge of dealing with single -use vapes is the lack of a well -established 
recycling infrastructure in Scotland. As such, there is currently a limited 
infrastructure for what is a growing waste stream. Currently, the Environment 
Agency advises that manual dismantling is the only form of tr eatment for 
recycling vapes. To increase capacity for vape recycling, it could move 
towards a more mechanical treatment process, with potential proc edures 
including using a nitrogen blanketing system to mitigate fire risk or a wet 
shredding system to suppress fires.120 However, this would require significant 
investment and it could take several years for this infrastructure to be built 
whilst the problem is growing meaning there could be increased harm to the 
environment in the meantime. Therefore, it would not be a fea sible option and 
it would also not be promoting reusable alternatives.  
• Improved product design of disposable vapes for easier recyclability.  A 
standardisation for the design and recycling of single -use vapes could ease 
the burden on recyclers and enable automation of the recycling process, as 
opposed to manual dismantling. However, any product standard would take 
time to develop, implement and enforce, potentially disrupting the availability 
of vape products to those who require them. This option also fails to promote 
the use of reusable alternatives to single -use vapes. Due t o concerns over 
feasibility, this option was not considered a reasonable alternative to banning 
the sale and supply of single -use vapes.  
• Information campaign to increase the number of disposable vapes being 
recycled (non -regulatory option).  75% of vapers think that producers and 
retailers should provide more information that vapes can be recycled and the 
word “disposable” should no longer be used in any marketing and 
promotion.121 An information campaign specifically targeted at disposable 
vapes, making the instructions of the safe disposal of them more readily 
available (i.e. consumers knowing that they should always recycle rather than 
bin or litter their vapes) would raise publi c awareness of how to safely recycle 
disposable vapes. However, this could come with complications due to limited 
recycling capacity in Scotland. Additionally, this approach would be unlikely to 
achieve the policy objective of accelerating the reduction in  environmental 
harm over time.  
• Prescribing single -use vapes . The licensing and regulation of medicines in 
the UK is reserved to the UK Government and undertaken on their behalf by 
the Medicines and Healthcare Products Regulatory Agency (MHRA). That 
includes nicotine -containing products used for medicinal purposes, s uch as 
patches or lozenges. It is the MHRA (rather than a UK Government minister) 
that determines  whether  a medicine is available  on the UK market : either  
only on prescription, or restricted sale through pharmacies, or for general sale 
 
120 Eunomia (2023)  Analysis of the Market for Vapes (unpublished)  
121 Number of disposable single -use vapes thrown away have in a year quadrupled to 5 million per 
week - Material Focus - 2023   26 
 at any retail outlet. There are currently no nicotine vapour products (NVPs) 
approved by the MHRA for prescription. Vapes cannot be offered on 
prescription unless and until the MHRA acted to licence an NVP. To achieve a 
licence, products need to meet the s tandards of quality, safety, and efficacy 
expected of medicinal products. If successful, this would allow products to be 
made available for prescription in Scotland . Approval of a licensed NVP to be 
prescribed by NHS healthcare professionals in Scotland wo uld generally be 
achieved  through an application to the Scottish Medicines Consortium (SMC), 
and if recommended for use, consideration by the local Area Drug and 
Therapeutic Committees of the NHS Boards. However, without a company 
successfully applying for a licence for their NVPs  to be put on a prescription 
basis the Scottish Government does not have a route to put vapes on 
prescription and cannot act to make vapes (or single use vapes) prescription -
only.  
92. Non-regulatory options have been disregarded.  Evidenc e of the voluntary 
uptake , use  and effectiveness of existing non-Regulatory action indicates that 
regulatory action is needed.  The policy aims to  ban the sale and supply of 
single -use vapes in their entirety .  
Option 1. Business -as-usual or do -nothing approach. This would maintain the 
status quo, where sellers of  single -use vapes can continue to supply them onto 
the Scottish market with no restrictions .  
Option 2. Implementation of  a ban on single -use vapes.   
93. The concurrent IA being undertaken by the Department for Environment, 
Food, and Rural Affairs (D efra) on banning single -use vapes considers other 
options alongside their preferred option of a ban. These are:  
Option 0: ‘Do nothing’.  
Option 1 (preferred): A ban on the sale and supply of single -use vapes . 
Option 2 (non -regulatory): Information campaign to increase the number of 
single -use vapes  being recycled . 
94. Defra’s draft Impact Assessment concludes  that Option 2 (non -regulatory 
action) has a low likelihood of being effective and being unable to address the 
issue quickly , and has therefore not been pursued.  
 
Sectors and Groups Affected  
 
95. A ban on single -use vapes has the potential to impact upon everybody in 
Scotland who vapes . The proposed ban is intended to apply across Scotland 
and does not specifically target particular groups, geographical locations,  or 
sections of society.  
96. The following sectors and groups will be directly or indirectly impacted by the 
implementation of the ban on single -use vapes :  27 
 • Producers and importers of single -use vapes .  
• Retailers and wholesalers of single -use vapes . 
• Consumers of single -use vapes .  
• Healthcare sector .  
• Public sector (local authorities  and Scottish Government) .  
• Waste management sector .  
97. The results from the public consultation process will be used to  further  inform 
understanding  of the extent of the impact on different sectors and groups.  
 
Benefits  
 
98. Option 1  - business -as-usual or do -nothing approach.  The benefits of not 
implementing the policy are that businesses can continue to supply and sell 
single -use vapes as usual . This  provide s businesses with the revenue they 
gain from the sale of single -use vapes  and continues to provide consumers 
with a product they desire . Considering  the growing body of evidence of the 
negative impacts of single -use vapes , businesses will have the flexibility to 
choose their own response, which could come in the form of stopping sales of 
single -use vapes, implementing their own or industry take -back  and/or 
recycling scheme, or through better consumer awareness campaigns.  
However, the profitability of single -use vapes  to some businesses  is 
undoubtedly  a barrier to those businesses moving away from selling them , of 
their own accord . 
99. Option 2  - implementation of a ban on single -use vapes . The main 
benefits are the reductions in the negative externalities associated with the 
manufacture, use, and inappropriate disposal of single -use vapes  as well as 
improved health outcomes for society . Reduced litter clean -up costs  are a 
direct saving for local authorities and other organisations who clean up littered 
single -use vapes . Individuals and communities in Scotland will benefit from 
less visual disamenity of litter associated with  single -use vapes . Waste 
management workers  and their organisations would benefit from a reduced 
fire risk in their operations.   
100. Society will also benefit from less harmful effects of problematic 
materials and  potentially  chemicals in certain single -use vapes  leaking and 
persisting in terrestrial and marine environments.  This will also more generally  
influence consumer  and business behaviour change  away from single -use to 
reuse  to help to tackle our throwaway culture  and move towards more circular 
practices. A ban on the supply and sale of single -use vapes will signal to 
consumers that they should pursue reusable options instead. This will correct 
the current market failures and move the use of vapes in Scotland towards a 
more socially optimal outcome .  28 
 101. Current producers of reusable alternatives and associated components 
could  stand to benefit from a ban. As mentioned previously , there is a  
domestic market for e-liquid production in Scotland , hence these businesses 
could see increased revenue and market share as a result. There is currently  
little data available  on this market and so potential impacts cannot be known 
at this stage . However, because  single -use vapes will no longer predominate 
the vapes market, there could be lower barriers to entry for reusable and 
associated components producers, and more opportunities  from which to 
enter the market.  
 
Costs  
 
102. Option 1  - business -as-usual or do-nothing approach . Under this 
scenario, the consumption of single -use vapes  will continue to grow in line 
with current projections. The negative externalities associated with the 
manufacture, use, and in correct  disposal of single -use vapes  will also 
continue to grow . This includes, but is not limited to, local authority waste 
disposal costs,  private waste disposal costs,  the visual disamenity of litter, 
and the impact of harmful materials and chemical s entering and persisting 
within terrestrial and marine ecosystems. There will also be a rise in material 
use associated with the continued manufacture  of single -use vapes . Waste 
management workers and their organisations will also continue to be at an 
increased risk of fire from improper disposal of single -use vapes.  
103. Option 2  - implementation of a ban on single -use vapes . 
Businesses who currently supply and sell single -use vapes will lose this 
revenue stream. Consumers will lose access  to the product they desire.  
However, there will be differences in  consumer responses to the loss of 
access to single -use vapes. Those who use single -use vape  products may 
choose to swit ch to reusable vapes  and some may choose to stop vaping 
altogether. Other s may choose to smoke tobacco products but this would 
involve a significantly higher cost , both in terms of personal finance and wider 
health , social,  and economic costs to society . Currently, it is not possible to 
accurately forecast these patterns following a ban.  
104. There will also be costs involved in the implementation of the policy, 
such as development, communications, data collection and analysis, and 
enforcement. These can be divided into one -off, ‘start up’, costs and ongoing 
costs.  
105. In March 2024 Defra  published an  impact assessment  which 
considered costs of implementing a ban on single use vapes across the 
UK122. Based on the methodology set out in that assessment , it is possible to 
apportion business costs to Scottish single -use vape retailers and 
wholesalers.  
 
122 Disposable Vapes Impact Assessment.  Defra, 2024  29 
 106. The most prominent  business cost will be the lost profits to retailers 
unable to sell single -use vapes. There is no exact information available on the 
specific  profit that retailers see from the sale of single -use vapes. Instead, a 
proxy of sectoral profit was taken from data from the Annual Business Survey 
(ABS ) and  calculated by dividing gross value added (GVA) by turnover , for the 
three retail SIC codes (4711, 4719, and 4726)123.  
107. Defra’s desk -based research has estimated an average (central ) cost 
of a single -use vape to be £5.30, which is the basis for estimating lost profit. 
In order to calculate lost profit, this average price is multiplied by single -use 
vape sales for each year in their appraisal period , as a measure of revenue, 
which is then multiplied by the proxy of sectoral profit (24%) to calculate the 
total amount of lost profit.  To produce a Scottish -specific estimate , the number 
of single -use vape sales for each year have been multiplied by the percentage 
of Scotland’s population out of the entire UK (8.18%124), which is then 
multiplied by the average cost of a vape and the GVA/turnover ratio .  
108. Table 1 below demonstrates the potential lost profit to Scottish retailers 
based on this approach.  Note  that this approach was chosen  rather than  
population share  being applied to the overall lost profit in Defra’s assessment , 
as these are rounded to the nearest £ million and would potentially  be less 
accurate.  
 
Table 1: Lost profit estimates. Source: Defra IA with Scottish population adjustments  
Year  2024  2025  2026  2027  2028  2029  2030  2031  2032  2033  
Single -
use vape 
sales 
(millions)  35.7 42.5 50.0 58.1 66.6 75.5 84.5 93.4 102.0  109.9  
Profit loss 
(£m) 45.4 54.1 63.6 73.9 84.7 96.0 107.5  118.8  129.7  139.8  
 
109. These calculations of lost profit s on the sales of single -use vapes  omit 
the impact s that product substitution will have . Single -use vapes contain 
nicotine , an addictive substance, and it can be reasonably assumed that 
many  users will switch to  a reusable alternative  instead. Therefore, the net 
impact on lost profits to the industry  will be smaller than estimated above . The 
relative profit margins between the two product types ( single -use and 
reusable) are not fully understood at this point , therefore retailers may see a 
higher or lower margin on alternative products  depending on individual 
business models .  
 
123 Under  the Scottish Annual Business Statistics (SABS), the SIC codes are only represented at the 
two-digit level, (retail trade, except of motor vehicles and motorcycles), so Scottish -specific 
GVA/turnover ratio calculation is not possible.  
124Population estimates for the UK, England, Wales, Scotland and Northern Ireland: mid -2021.  Office 
for National Statistics, 2022  30 
 110. Calculations of lost profits are predicated on a 2024 baseline, which 
reflects those products currently on the market and generating revenue. Due 
consideration must be given to the novelty and rapid growth of single use 
vapes over the last 2 -3 years , with t he proportion of adults using single -use 
vapes just 0.1% in January 2021125.  
111. Lost profit calculations also assume that no additional action is taken 
that could impact the growth or profitability of single use vapes. Proposals 
such as a new Vaping Products Duty are proposed by the UK Government or 
new producer responsibility obligations introduced through the WEEE 
Regulations could reduce the lost profits estimated here. It may be 
unreasonable to expect that mar ket growth of single use vapes will continue 
at current rates, with single use vapes already accounting for 50% of the total 
vapes market126. As a novel product there are limited data available to reliably 
establish future growth trends.  
112. It should also be noted that the figures presented account for all single 
use vape sales. However, t he Health Behaviour in School -Aged Children 
(Scotland) study reports that 3% of 11 -year-olds, 10% of 13 -year-olds and 
25% of 15 -year-olds said they had used a vape in the past 30 days  and there 
is a range of evidence to demonstrate a sharp growth in youth vaping127. 69% 
of children state that single use vapes were the type of device they used most 
128. It can therefore be expected that these total market and profit figures will 
likely include some illegal sales to those under 18.  
113. There will be  familiarisation  costs to Scottish retailers and wholesalers. 
These are one -off costs for businesses upon implementation of the ban . This 
is representative of  the time taken to inform employees about the ban , costs 
attached to any necessary product price changes, and time taken to source 
alternative suppliers for substitutive products such as reusable vapes.  
114. To monetise this cost, the same SIC codes as the lost profit 
calculations above were used,  as well as four  SIC codes for wholesalers . 
There is  an assumption by Defra that familiarisation would take 30 minutes of 
an employee’s  time. This was costed at the median hourly wage for each SIC 
code and  uplifted by 22%  based on additional non -wage labour costs. Unlike 
the analysis on lost profit, the number of businesses in each SIC code can be 
measured accurately for Scotland using NOMIS UK Business Count data 
which can be filtered for Scotland129. Table 2 below demonstrates these 
estimated costs . 
 
125 Who would be affected by a ban on disposable vapes? A population study in Great Britain. Sarah 
E. Jackson, Harry Tattan -Birch, Lion Shahab, Melissa Oldham, Dimitra Kale, Leonie Brose, Jamie 
Brown, 2024  
126 Analysis of the Market for Vapes, Eunomia 2023  
127 Use of e -cigarettes among young people in Great Britain .  ASH, 2023,   
 
128 Health behaviour in school aged children - HBSC Scotland Study 2022  
129 UK Business Counts – official census and labour market statistics . NOMIS , Enterprises by industry 
and employment size band live search 19 March 2024 .  31 
 115. In total, familiarisation costs for Scottish retailers and wholesalers from 
the ban is estimated to result in £31,859 , an average of £8 .30 per business .  
Industry  Scotland  Median 
hourly wage 
(£) familiarisation 
cost per business 
(£) Total familiarisation 
costs for businesses 
in SIC code (£)  
47110 : Retail sale in non -
specialised stores with 
food, beverages or 
tobacco predominating  2,840  13.42  8.19  23,260  
47190 : Other retail sale in 
non-specialised stores  520 13.84  8.44  4,389  
47260 : Retail sale of 
tobacco products in 
specialised stores  130 11.79  7.19  935 
46170 : Agents involved in 
the sale of food, 
beverages and tobacco  80 15.81  9.64  771 
46350 : Wholesale of 
tobacco products  10 21.06  12.85  129 
46390 : Non -specialised 
wholesale of food, 
beverages and tobacco  195 14.24  8.69  1,695  
46760 : Wholesale of 
other intermediate 
products  65 17.18  10.48  681 
Column Total  3,840    
31,859  
Table 2: Scottish retailer and wholesaler estimated familiarisation costs. Source: 
Defra IA with Scottish business count adjustments  
116. There are also a range of non -monetis ed costs for business. Retailers 
may see additional costs as a result of purchas ing reusable alternatives. 
Generally , reusable vapes are more expensive at point of purchase , which 
may pose some inventory and cash flow issues for businesses. This depends , 
however , on product range s, and whether single -use or reusable vapes 
predominat e sales . In such a new and fast evolving  market information is still 
scarce , particularly on product  types and market shares.  Additionally, if 
businesses have excess stock of single -use vapes by the time the ban is 
implemented , this may incur additional disposal costs. This issue however is 
expected to be small as retailers will have sufficient time to prepare for the 
ban and should be able  to adjust their inventory levels accordingly.  
117. Producer business impacts are not included here as there is little to no 
evidence to suggest that domestic manufacturing of single -use vapes takes 
place in Scotland. Therefore,  lost profit, familiarisation costs, capital 
investment, alternative material costs, and others for producers are not 
considered here.   
118. The Defra Impact Assessment which these calculations are based off 
has an overall negative net present value (NPV), due to the non -monetisable 
nature of many of the benefits, and the focus on two main monetisable 
business costs. This does not , however , mean that the overall impact of the 32 
 proposed ban on single -use vapes could not positive, as it is clear to see the 
significant societal and environmental cost imposed by their manufacture, 
use, and improper disposal, weighed against the profit generation from their 
sale in Scotland.  
119. As such, an overall NPV summary table of the costs and benefits of the 
policy is not included here as there is no direct monetary comparison to be 
made between the costs and benefits. A fuller account of monetisable and 
non-monetisable costs and benefits w ill be presented in the final BRIA  
 
 
Regulatory and EU Alignment Impacts   
   
Intra -UK Trade   
Is this measure likely to impact on intra -UK trade?  
 
120. No, it  is not anticipated this measure will impact on intra -UK trade  as all 
nations have plans to impose a similar ban .   
 
International Trade   
Is this measure likely to impact on international trade and investment?  
 
121. Yes, it is anticipated this measure will impact on international trade.   
 
122. The measure will reduce the number of single -use products imported 
into Scot land.  There is no evidence to suggest there is domestic 
manufacturing of single -use vapes  and there is a large domestic market for 
single -use vapes, so it can be inferred that the vast majority of single -use 
vapes are imported products.  International trade will therefore be negatively 
impacted as there will no longer be a market for single -use vapes in  Scotland . 
Based on prior evidence, it can be reasonably assumed that the majority of 
these imports are coming from China130.  
 
EU Alignment   
Is this measure likely to impact on the Scottish Government’s policy to maintain 
alignment with the EU?   
 
123. No, it is not expected that this measure will impact on the Scottish 
Government’s policy to maintain aligned with the EU. The EU is not proposing 
its own EU -wide ban on the sale of single -use vapes, but several  member 
nations have and/or are considering similar measures. Furthermore, such a 
policy aligns with many of the EU’s circular economy and environmental 
objectives.  
 
 
130 Analysis of the market for vapes: exploring the environmental impacts of single -use vapes.  
Eunomia, 2023.  33 
 Scottish Firms Impact Test  
124. Stakeholders from all affected businesses will be consulted on the 
proposed ban on single -use vapes . Up to 12 businesses and business 
organisations of varying size will be consulted and the results published in the 
Final BRIA. This process will help to establish : 
 
• Industry views on the implementation considerations for a ban on single -
use vapes. i.e., what actions may different businesses take in response? 
Will they pivot towards reusable vapes, supply secondary equipment such 
as liquids, or exit the market altogeth er? Or a mixture of the above?  
• What effect will these actions have on consumer demand and overall 
material use?  
• The potential for unintended consequences of the ban e.g. what will 
happen to surplus stock if not sold prior to the ban.  
 
 
125. The approach for engagement will consist of:  
• Questionnaires for completion by key business stakeholders .  
• Telephone interviews and email correspondence with selected 
representative organisations and associates.  
 
Competition Assessment  
 
Explain here whether your proposals will have an impact on competition ensuring 
you provide evidence to back up any statements you make.  
• Will the measure directly or indirectly limit the number or range of suppliers?  
126. The policy will directly limit the number and range of suppliers in 
Scotland through an outright ban  on the sale of single -use vapes. Because 
the vast majority of single -use vapes are manufactured outside Scotland  it is 
unlikely there will be significant effects on domestic manufacturers . While it is 
possible that the policy will limit the number and range of importe d vaping 
products available to importers and suppliers in Scotland, they can choose to 
switch to selling reusable alternatives and associated consumables. It is also 
possible that the policy will limit the number and range of domestic retailers of 
vaping products in Scotland, but retailers  can also choose to switch to selling 
reusable alternatives  and associated consumables . 
• Will the measure limit the ability of suppliers to compete?  
127. As the policy bans the sale of single -use vapes, suppliers who sell 
exclusively or predominantly single -use vapes will encounter limitations in 
their ability to compete, unless they switch to  a reusable alternative or 
associated product. There could be positive competition impacts in alternative 
products , such as reusable vapes, through increased demand for these 
products encouraging new entrants into the market.  
• Will the measure limit suppliers' incentives to compete vigorously?  34 
 128. No, since the ban on the supply of single -use vapes is expected to be 
applied uniformly across Scotland (along with  England and Wales.  Northern 
Ireland officials acknowledge the issues raised during the consultation and will 
consider potential legislation in future) , it will create a level playing field for all 
businesses. Therefore , it is not expected that there will be competition issues 
with consumers switching to a different retailer to request these items. 
Businesses will also be on a level playing fie ld as they will not be able to 
undercut each other by offering cheaper single -use vapes as those will be 
banned.  
• Will the measure limit the choices and information available to consumers?  
129. Yes, consumers will no longer be able to purchase single -use vapes , 
but will not be restrict ed in the information they are able to receive. However,  
consumers will be able to switch to alternative products if they wish to. It is 
expected that some consumers will quit vaping entirely as a result of the 
policy proposal.  
 
Consumer Assessment  
 
Explain here whether your proposals will have an impact on consumers ensuring you 
provide evidence to back up any statements you make.  
• Does the policy affect the quality, availability or price of any goods or services in 
a market?  
130. The policy will remove the availability of single -use vapes from the 
market in their entirety . There may be indirect impacts on the price or  quality  
of reusable alternatives  and the vape market in genera l as a result of the ban.  
• Does the policy affect the essential services market, such as energy or water?  
131. No  
• Does the policy involve storage or increased use of consumer data?  
132. No  
• Does the policy increase opportunities for unscrupulous suppliers to target 
consumers?  
133. There may be the risk of the growth of an illicit market for single -use 
vapes. The illegal vape market already poses concern with issues such as 
banned ingredients, oversized tank sizes and exceeding legal nicotine 
strengths. It has been suggested that the illegal vape market could be 
comparable in size to the legal vape market131.  
 
131 Analysis of the Market for Vapes: Exploring the environmental impacts of single -use vapes , 
Eunomia (2023)  35 
  
134. Local authority officers (anticipated to be Trading Stan dards Officers) 
will be granted enforcement powers in order to enforce the Scottish 
regulations, which will mitigate against the risk associated with an illicit market 
for single -use vapes.  
 
135.  The UK Government have allocated £30 million new funding a year, 
which will be provided to bolster enforcement agencies, including Border 
Force  and HM Revenue and Customs (HMRC) , which will support 
enforcement in Scotland .  
• Does the policy impact the information available to consumers on either goods or 
services, or their rights in relation to these?  
136. No 
• Does the policy affect routes for consumers to seek advice or raise complaints on 
consumer issues ? 
137. No  
 
Test Run of Business Forms  
138. It is not envisaged that the introduction of these regulations will result in 
the creation of new forms for businesses or result in amendments of existing 
forms.  
 
Digital Impact Test  
 
• Does the measure take account of changing digital technologies and markets?  
139. Potential changes in digital technologies and markets are being 
accounted for during the development of this legislation.  
• Will the measure be applicable in a digital/online context?  
140. The ban will apply  to both online and offline retailers, as they apply to 
all affected products that enter the Scottish market.  
• Is there a possibility the measures could be circumvented by digital / online 
transactions?  
141. Illicit websites may be able to offer consumers the option to purchase 
and import single -use vapes illegally .  
• Alternatively,  will the measure  only be applicable in a digital context and 
therefore may have an adverse impact on traditional or offline businesses?  36 
 142. The legislation would be applicable equally to both digital and 
traditional businesses and would therefore not result in an adverse impact on 
traditional or offline businesses.  
• If the measure can be applied in an offline  and online environment will this in 
itself have any adverse impact on incumbent operators?  
143. No.  
 
Legal Aid Impact Test  
 
144. The Access to Justice Team at Scottish Government will be consulted , 
however,  little to no impact on Legal Aid is expected  as it is assumed that  the 
majority  of any prosecutions would be for businesses , rather than individuals . 
 
Enforcement, Sanctions and Monitoring  
 
145. Local authority officers (anticipated to be Trading Standards Officers) 
will be granted enforcement powers in order to enforce the Scottish 
regulations, which will mitigate against the risk associated with an illicit market 
for single -use vapes.  
 
146.  The UK Government ha s allocated £30 million new funding a year, 
which will be provided to bolster enforcement agencies, including Border 
Force and HM Revenue and Customs (HMRC), which will support 
enforcement in Scotland.  
 
Implementation and Delivery Plan  
 
How will the proposal be implemented and in what timescale?  
147. The Scottish Government has set out a timetable for implementation  
and confirmed that a ban will commence on 01 April 2025,  in line with other 
UK nations . This  will give  businesses involved in the manufacture, import, 
trade,  and sale of single -use vapes  time to prepare for the ban and transition 
to alternatives . Many businesses will already be aware of the proposed ban 
as it is being undertaken by the UK Government and other devolved 
administrations as well.  
 
Post -implementation Review  37 
  
When and how will a review of whether the 
legislation is still fit for purpose take place?   
 
148. The final BRIA , informed by the consultation process and engagement 
events will draw upon a wider evidence base in order to identify measures. A 
strategy for monitoring and evaluation will be devised, based on this 
information. This will include details of when the monitoring and evaluation will 
take place and who will be responsible for undertak ing it.  
  38 
 Declaration and Publication  
 
The Cabinet Secretary or Minister responsible for the policy (or the Chief Executive 
of non -departmental public bodies and other agencies if appropriate) is required to 
sign off all  BRIAs prior to publication. Use appropriate text from choices below:  
I have read the Business and Regulatory Impact Assessment and I am satisfied that, 
given the available evidence, it represents a reasonable view of the likely costs, 
benefits and impact of the leading options. I am satisfied that business impact has 
been a ssessed with the support of businesses in Scotland.  
Signed:  
 
Date:  25 March 2024  
Minister's name : Lorna Slater MSP  
Minister's title : Minister for Green Skills, Circular Economy and Biodiversity  
Scottish Government Contact point:  Product Stewardship Team – product 
stewardship@gov.scot