The Highland Council has recently published an article titled 'Trading Standards Takes Court Action Against Alness Shop Selling Illegal Vapes' on their official website.
A recent court order granted by Tain Sheriff Court has imposed strict legal requirements and restrictions on a local nicotine vape seller, Mohammad Shuaab, Director trading as J&M Patterson Ltd, situated at 33-35 High Street, Alness. The action was taken by Highland Council Trading Standards following intelligence that Mr. Shuaab was selling nicotine vape products (NVPs or vapes) that did not comply with product safety and labelling requirements.
Warrant Execution:
Highland Council Trading Standards executed a warrant in April 2022 after multiple warnings to Mr. Shuaab to ensure that all NVPs he purchased were compliant with the relevant regulations. Over 1000 NVPs in his possession were examined and found to be in breach of the legislation, leading to their removal and subsequent destruction.
Serious Consequences for Non-Compliant Sellers:
Supplying or possessing NVPs that fail to comply with Tobacco and Related Product Regulations 2016 constitutes a criminal offense under Regulation 48. Conviction can result in a penalty of up to 12 months imprisonment or a fine not exceeding £5000, or both. Highland Council Trading Standards is particularly concerned about the sale of unsafe vapes lacking instructions, warnings, and essential information, which may pose serious health risks to unsuspecting users. Additionally, they suspect some retailers may be supplying single-use vapes with high nicotine levels.
Legal Requirements Imposed:
The court order mandates that Mr. Shuaab, as a registered business, implement a Challenge 25 Age Verification policy to prevent the sale of vapes to persons under 18 years of age. Failure to comply with this policy is a criminal offense. The order also requires Mr. Shuaab to prevent the sale of nicotine vapour products to persons under 18 years without the required written authorization. Furthermore, he is obligated to inform The Highland Council of any changes in business name, personal name, or address for the next five years.
Counterfeit Cigarettes Seized:
In addition to non-compliant NVPs, Mr. Shuaab was found in possession of a sleeve of 'Richmond Blue' cigarettes (200 cigarettes), which were later confirmed to be counterfeit. The Trade Marks Act 1994 makes it an offense for anyone to be involved in the unauthorized use of registered trademarks regarding the distribution of goods. Counterfeit cigarettes often contain harmful ingredients and evade taxes.
Ensuring Compliance:
Retailers selling NVPs can easily verify whether the product they have purchased is registered with the MHRA and legally allowed for sale by visiting the website: https://vape-click.com/. Additionally, tobacco and vape retailers are legally required to register at https://www.tobaccoregisterscotland.org/.
Reporting Concerns:
Members of the public can report concerns about vape sales to Trading Standards by contacting Advice Direct Scotland at 0808 164 6000 or online at https://www.consumeradvice.scot/. For information about the sale of counterfeit goods, individuals can anonymously contact Trading Standards at the Highland Council website: www.highland.gov.uk/counterfeits.
Conclusion:
Highland Council's decisive action against non-compliant vape sellers demonstrates their commitment to protecting consumers and ensuring the safety of nicotine vape products. The court order serves as a stern warning to other retailers to comply with regulations and prioritize consumer well-being.
