New legislation to ban single-use vapes will come into force in June 2025. Applying in England only, the statutory instrument which falls under the 1990 Environmental Protection Act and the 2008 Regulatory Enforcement and Sanctions Act will apply to all vapes that are non-refillable and/or non-rechargeable.

With 5 million single-use vapes being thrown away per week, the Government stated how the new legislation will support the UK’s transition to a circular economy through addressing large quantities of litter. It will also address risks of contamination to waterways and wildlife from the hazardous chemicals in vapes such as mercury, and fire risks from their lithium-ion batteries. While concerns have been raised that the ban would lead to an increase of illegal vapes with higher nicotine content, the Local Government Association points out that illegal vapes are already being sold and thus stricter enforcement is key to addressing this issue.

This new legislation marks a notable divergence in policy from the EU, which has not yet announced any plans to ban single-use vapes despite calls from waste management associations for action to be taken. The EU’s single-use plastic directive for example does not include vapes as one of its targeted items. Despite the absence of an overall EU wide ban, some EU member states are already taking action: Belgium became the first EU country to ban single-use vapes in a bill that was approved by the European Commission in March 2024, with France following shortly after. Other countries such as Ireland have also began making plans.

Despite the legislation only applying in England, Northern Ireland, Scotland and Wales are also planning on prohibiting single-use vapes and appear to be more closely coordinating their policy efforts on this issue to align their approach and timing. Northern Ireland’s government has stated that the four nations have formed a working group, and devolved governments have emphasised the importance of ensuring a consistent approach across the UK. This has not necessarily been the case in other areas of environmental policy which have intersected with, and potentially impinged upon, the 2020 United Kingdom Internal Market Act and its ‘market access principles’. For example, Scotland’s Deposit Return Scheme was delayed due to the UK government refusing to provide an exclusion from the Internal Market Act and imposing significant conditions on the scheme. The more collaborative approach to single-use vapes legislation is therefore highly significant.

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