Vapouround magazine VM18 | Page 70

FEATURE WHY REPUTABLE VAPE BUSINESSES COULD FACE CLOSURE POORLY WRITTEN LEGISLATION IS NOT JUST HARMING OUR BUSINESSES, BUT ALSO HAVING AN EFFECT ON CONSUMER CONFIDENCE IN VAPING – IBVTA BY LEO FORFAR Unscrupulous vape companies are being allowed to operate “outside the law” because UK regulators fail to enforce the law, the IBVTA has warned. Exactly one year after the Tobacco and Related Product Regulations (TRPR) came into force, the industry body says that many vape businesses are getting away with selling non-compliant products. In its ‘State of Compliance’ report, IBVTA chairman Fraser Cropper says: “Far too many local trading standards officers are making no attempt to enforce these regulations at a local level. As a direct consequence of this leniency and inaction, reputable businesses are suffering, with IBVTA members’ sales down an average of 24 percent since May 2017. This is totally unacceptable.” Mr Cropper added: “A significant number of businesses are still choosing not to comply with these regulations. This would not be so much of a problem if the MHRA enforced deadlines and Trading Standards ensured that all businesses in their local area were compliant. Sadly, this is not the case. The MHRA has been overly lenient with companies who should have supplied them with notifications a year ago. At the same time, as this report makes clear, far too many local trading standards officers are making no attempt to enforce these regulations at a local level. We hope this report will act as a wake-up call to local and national politicians and that action will be taken. If not, reputable businesses will close and the only beneficiaries will be the tobacco industry, and companies operating outside of the law.” The 28-page report maps the state of compliance and enforcement across the whole of the UK. It showed that in some parts of the country, Trading Standards were doing their job but in many other parts of the UK, they were not. To compile the report, the IBVTA sent Freedom of Information (FOI) requests to every council in the UK with a Trading Standards department asking what action had been taken to deal with non- compliance under the TRPR. The report describes the present situation as a “perfect storm of disproportionate regulation, Trading Standards inaction, and 70 | VM18