“ THE PERFECT STORM OF DISPROPORTIONATE REGULATION , TRADING STANDARDS INACTION , AND BUSINESSES OPENLY SELLING NON-COMPLIANT PRODUCT HAS RESULTED IN A NEGATIVE IMPACT ON THE BOTTOM LINES OF RESPONSIBLE BUSINESSES ”
“ THE PERFECT STORM OF DISPROPORTIONATE REGULATION , TRADING STANDARDS INACTION , AND BUSINESSES OPENLY SELLING NON-COMPLIANT PRODUCT HAS RESULTED IN A NEGATIVE IMPACT ON THE BOTTOM LINES OF RESPONSIBLE BUSINESSES ”
businesses openly selling non-compliant product .” This has led to a , “ negative impact on the bottom lines of responsible businesses .” It points to “ clear failings ” to enforce regulations on the part of local trading standards departments and the MHRA and the findings included :
• 39.5 percent of UK local authorities carried out no investigations into non-compliance and only 65.8 per cent of councils have actioned every report of non-compliance received . The IBVTA found that Staffordshire was the “ best performer ” as it actioned all 27 reports received .
• A disappointing 43.5 percent of IBVTA members had been contacted by their local Trading Standards officer prior to or following the full implementation of the TRPR .
• IBVTA members have , on average , seen a 24 percent reduction in business since the TRPR came into full effect , causing some members ’ businesses to close .
• One in three councils have not actioned every report of non-compliance raised and 15.3 percent of councils which received reports from consumers and businesses didn ’ t action any . The IBVTA described this as “ shocking .” complaints to carry out an urgent review of their processes . The report goes on : “ The quality of enforcement action being undertaken must improve at the earlier opportunity , local authorities should commit to removing non-compliant product from shelves whenever it is identified by Trading Standards officers and Trading Standards that are yet to engage with local vape businesses should do so as a matter of priority .” It calls on the government to “ review the inclusion of vaping in the TRPR at the earliest possible opportunity , and introduce proportionate , risk based , vape specific legislation to allow vaping to reach its full potential .” Finally , it says the Department of Health should hold an urgent review of the TRPR implementation process to include the role of the MHRA , which , the report says , “ has been overly lenient on non-compliant businesses and has a reputation within the industry for not always providing consistent guidance and advice .” The IBVTA cited the Scottish Government as a good example of what can be done . It has approved a £ 1.34 million funding program to allow local authorities to recruit and train additional staff to enforce the regulations .
The full report can be accessed in the news section of the IBVTA ’ s website .
• The number of reports and follow-up investigations has “ varied wildly ” on a national scale . For example , the highest number of reports in a local authority who responded was for Derbyshire Trading Standards , who received 52 reports of non-compliant vaping products .
• 68 local authorities have received no reports at all .
• A disturbingly high 40.6 per cent of local authorities have carried out no investigations .
• Two out of three respondents have received reports of noncompliance , with only 61.25 percent being actioned nationally .
The report calls for a “ zero-tolerance approach ” to non-compliance and says local authorities must take action on every report of noncompliance they receive . It also wants better training for Trading Standards officers on the vape industry and calls on authorities which have failed to investigate
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