Prohibition of the sale and supply of single-use vapes: Fairer Scotland Duty Summary

Final EQIA

4. An interim Fairer Scotland Duty impact assessment (FSDA) was published^[1] as part of the Scottish Government’s public consultation on the regulations to prohibit the sale and supply of single-use vapes in Scotland, which took place between 2^nd April and 14^th May 2024. This document expands on the interim EQIA with the findings from public consultation. This updated document will discuss relevant issues and mitigation measures where appropriate.

5. The consultation requested feedback on the updated Regulations, the implementation of the proposed ban, and a suite of impact assessments, including a Business and Regulatory Impact Assessment (BRIA) and Strategic Environmental Assessment (SEA). A total of 45 responses were received.

6. Common themes throughout the feedback on the Regulations included the need for greater enforcement powers for Trading Standards, and clarity around the definition of ‘single-use vape’ to include pod-based devices if the refillable pods are not sold separately. Common themes on implementation and enforcement were the need for additional funding for Trading Standards, an import ban on single-use vapes, guidance for retailers and awareness campaigns for consumers, and clear definition of ‘single-use vape’.

7. Respondents to the BRIA agreed with the focus on the environmental impact, but highlighted data gaps around the illicit vapes market, expected changes to consumer habits and the percentage of single-use vapes in the UK vapes market.

8. The majority of respondents agreed with the contents of the Fairer Scotland Duty Assessment Summary and the areas highlighted to be aware of and monitor as the ban is implemented.