Illicit NGP

Transitioning adult smokers to next generation products (NGP) represents an exciting opportunity to improve public health. But this opportunity is under threat from a surge in illicit products – particularly counterfeit and non-compliant vapes.

Illegal vapes:

  • Pose substantial risks to consumers and undermine broader public health.
  • Damage trust in compliant products by responsible businesses.

Illicit products also often contain unsafe chemicals, non-compliant levels of nicotine, and lack proper labelling. They are also often cheaper, more accessible, and marketed in ways that irresponsibly target unintended audiences – especially youth.

 

Legal vs. Illegal: what’s the difference?

NGP must adhere to a strict set of product standards and regulations to be compliant and permitted for sale. Legal NGP adhere to these standards, while illegal (also known as illicit, or counterfeit) products bypass these important safeguards.

Focusing on vapes in the UK and EU:

Legal

– Max 2ml e-liquid
– Max 2% nicotine
– Compliant health warnings
– Marketed to adults

Illegal, illicit, or counterfeit

– No limits on e-liquid levels
– Unregulated nicotine levels
– No warnings on packaging
– Marketed/sold to youth

 

We believe responsible manufacturers must be part of the solution. Our initiatives include:

Regulatory engagement to highlight the scale of illicit trade, push for stronger enforcement, and advocate for harsher penalties.

Stringent supplier compliance processes help to ensure high standards while discouraging
illicit activity.

Data sharing with regulators, enforcement authorities, and public health bodies to raise awareness of the growing scale of the issue and its potential consequences.

Collaboration with law enforcement via our Anti-Illicit Trade (AIT) team to supply intelligence leading to potential raids and/or convictions.

Ongoing investment in science and adult smoker insights to support broader NGP category growth across a range of global markets.

A BALANCED PATH FORWARD

Effective regulation must protect consumer health and never-smoker populations like youth, while also supporting continued NGP use by intended audiences (adult smokers transitioning away from cigarettes, and existing adult nicotine consumers – while firmly deterring bad actors through increased scrutiny and enforcement by trading standards.

Flavour and category bans which punish consumers and responsible manufacturers alike are not the answer; these only inadvertently help the illicit trade to thrive.


Imperial Brands continues to advocate for:

 

Tighter restrictions on product naming, packaging, and marketing to reduce youth appeal.

Only responsibly flavoured products designed for adult consumers should be permitted.

Far stronger enforcement and penalties for non-compliant manufacturers and retailers.

Retailer licensing schemes to help encourage responsible retailing.

Excise extension to vapes to aid enforcement of existing legislation and further deter rogue actors.

PROTECTING PUBLIC HEALTH PROGRESS

Illicit NGP threaten the credibility and effectiveness of NGP categories including vapes, heated tobacco, and tobacco-free oral nicotine pouches.

If all parties – regulators, manufacturers, retailers, and society – work together, we can safeguard public health, protect consumers, and help ensure NGP fulfil their exciting public health potential to reduce smoking, and smoking-related, disease.


Imperial Brands continues to welcome, and participate in, dialogue with a diverse range of stakeholders to ensure the continued availability of a well-regulated, trusted, and potentially harm reduced range of NGP across Europe and beyond.

Tobias Baude
Director of Corporate Affairs – NGP