Kristen Zanoni  |  October 30, 2020

Category: Children

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A teen girl in a coat and blue winter hat vapes - vape samples

U.K. youths can receive free vape samples handed out by e-cigarette companies thanks to a legal loophole that allows them to market to teens.

U.K. health experts are worried there will be a sudden increase in popularity of teens vaping after the discovery of a legal loophole that allows e-cigarette firms to give free vape samples, according to The Guardian.

British American Tobacco (BAT) has launched an investigation after a 17-year-old obtained free vape samples supplied by Vype brand e-cigarettes. According to The Guardian, the teen was not informed the vape samples contained nicotine and was not asked to provide proof of age. 

Action on Smoking and Health (ASH) said e-cigarette Vype promotional teams have recently advertised in Bath, Brighton and Bristol, The Guardian reported. A 17-year-old girl allegedly was engaged and offered vape samples. She was asked to provide her email address to the company, but there was no effort made to ensure she was of age. 

After learning about the claims that teens could receive vape samples, ASH went to National Trading Standards. ASH discovered a legal loophole allows vape companies to give samples to minors.

The Guardian reported companies are allowed to hand out vape samples to minors because vapes are not included in the Tobacco Advertising and Promotion Act “prohibition of free distribution” guidelines because they are not treated as a tobacco product.  

According to ASH, the vague wording in the Tobacco and Related Products Regulations about e-cigarettes doesn’t legally prohibit giving vape samples to minors. 

It is common for e-cigarette firms to give out free vape samples to adults using paid third-party advertisers, usually in public areas and events like festivals, The Guardian reported. E-cigarette firms use young, lively teams to promote vaping and give out free vape samples.

Closeup of a hand holding a vape pen near a leg wearing grey jeans and black Converse - vape samplesUsually, the promotional teams will approach passersby and give other free items, like a soft drink.

ASH chief executive Deborah Arnott explained that vape samples are clearly meant to be given to adults only. 

“The hypocrisy of BAT is staggering,” Arnott told The Guardian. “The company’s website piously states: ‘It’s essential that any tobacco or nicotine products are not marketed to youth. Given the nature of our products, we take seriously our commitment to market them responsibly and only to adults.’ How can they say that doling freebies out like sweets to children counts as responsible marketing?”

U.K. health experts fear teens vaping will become a problematic epidemic, especially if companies are legally allowed to hand out vape samples to minors, according to The Guardian.

The Guardian reported about 25% of U.S. high-school students used an e-cigarette in the last 30 days and 11.7% of teens said they vape daily.

Vaping is less popular amongst U.K. teens, but e-cigarette use still has doubled, from 2.4% in 2015 to 4.9% in 2019. 

Arnott says the legal loophole allowing teens to receive vape samples is under review immediately. 

“A review of the regulations is required by law and is expected to be launched imminently,” she told The Guardian. “We have written to the public health minister to make her aware of this gaping hole in the government’s e-cigarette regulations and to urge her to use the review to plug this legal loophole. This is yet another example of Big Tobacco saying one thing and doing another, living up to the letter of the law but not the spirit.”

In 2019, BAT was the target of an investigation over the organisation’s social media postings, allegedly meant to appeal to teens, according to advocacy group Campaign for Tobacco-Free Kids.

By December 2019, BAT was disallowed from posting Vype ads on social media, according to a Reuters report, including on influencer accounts, which were likely to be attractive promotions to teens.

Do you think vape companies tend to advertise to young crowds, including teens? Are you surprised that teens would be given vape samples? Share your thoughts in the comments.

Check back daily for the most recent U.K. class action lawsuit and consumer protection news.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

  • This field is for validation purposes and should be left unchanged.


Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.