Disposable vapes ban flouted across Scotland including shops linked to Anas Sarwar’s family’s firm

Our investigation uncovered retailers still brazenly selling outlawed devices despite the single-use vape ban coming into force on June 1.

A new ban on disposable vapes is being flouted by shops across Scotland – including stores franchised by Labour leader Anas Sarwar’s family’s firm, the Sunday Mail can reveal. Despite a nationwide ban on the sale and supply of single-use vapes coming into force on June 1, a Sunday Mail investigation has uncovered some retailers that are still brazening selling outlawed devices.

Our investigator was able to buy a selection of banned single-use vapes including one Elfbar disposable at a Glasgow city centre USave store which has links to Sarwar’s family’s wholesaling business. While the shop is an independent retailer, it trades under the USave banner which is franchised by United Wholesale (Scotland), set up by the Scottish Labour chief’s father, millionaire businessman Mohammad Sarwar.

When confronted by the Sunday Mail, UWS stressed both stores were independent retailers and it had no say over how they operate from a legal standpoint. However the firm added that it had spoken to the first shop who said the sale had been an “oversight” and all other vapes in-store were compliant.

A spokesman for UWS said: “All the stores referenced are independent retailers, UWS does not own them.

“It would be inappropriate to suggest any wrongdoing by UWS. Everything we sell to retailers is fully compliant and the change in the law is supported by the company.

“We will continue to provide guidance to our customers, emphasise compliance and make them clear on the consequences of any failure.”

In 2017, Sarwar announced he was relinquishing all shares in the wholesaler amid revelations it had not been paying all its staff the real living wage.

However a report this year found his household was still benefiting from a £57,000-a-year dividend from the family firm via shares held by his wife.

The firm boasts more than 500 stores under the USave and Day-Today banners.

At the city USave store in St George’s Cross, we picked up the now banned Elfbar disposable as part of a “five for £20” deal, with the other four e-cigs similar in appearance but labelled as legal “prefilled pod kits” rather than disposables.

At another USave shop in the city centre, disposable vapes were not on display but when asked, the shopkeeper fetch a banned Higo Crystal Bar disposable vape from a back room.

However the wholesaler told the Sunday Mail independent shops operating under its banners are free to purchase goods from other wholesalers as well as UWS and it does not stock the Higo range of products bought at the second shop.

The new ban means that shops and supermarkets will no longer be able to sell disposable vapes but they can sell rechargeable and refillable devices.

However in convenience stores and vape shops across Glasgow, we were able to purchase Elfbar disposable pods, Lost Mary disposable pods, and SKE and Higo Crystal Bar single-use vapes after workers sourced outlawed stock from under the counter or back stock rooms.

Reacting to our findings, Scottish Greens co-leader Lorna Slater said: “The vast majority of retailers will have upheld the law and ceased the sale of disposable vapes – but there are some who will do all they can to bend the rules, even more so in these early weeks when there will undoubtedly be left over disposable vapes in stock to profit from.

“There must be appropriate enforcement of the ban and monitoring to ensure it is followed.

“Disposable vapes are single-use plastic. They are harmful to health and also to our planet when they are discarded and end up littering our streets, beaches and green spaces.”

The Sunday Mail visited a total of 15 shops and were sold unlawful vapes in six separate stores.

That includes a shop branded the ‘Glasgow Super Store’ near Glasgow’s Barras market which sold us an Elfbar disposable off the shelf.

At a store called ‘Newsmart’ in central Glasgow, the shopkeeper didn’t display single-use vapes but had a box with contraband under the counter, selling us a SKE Crystal single-use vape.

In Bridgeton in the city’s east end, one newsagent and another ‘Best-One’ convenience store sold us illegal disposables which were all available on display.

In the newsagent, a shop worker admitted he knew about the ban but was just trying to shift the last of his old stock – selling us two Lost Mary disposables for £10 but insisted the rest of his vapes were legal.

The illegal vapes we collected were clearly single-use because there was no facility to recharge the devices or refill the e-liquid pods.

Other stores sold us legal vapes branded as prefilled pods that look similar to the old disposables – with sweet candy flavours like Cola Ice and Gummy Bear – which have been criticised for enticing kids to take up the nicotine-based products.

Because these products have charging ports and pods which can be removed and replaced, they are deemed compliant with the regulations.

Critics say disposable vape users will continue to use these products in the same way because of their cheapness, throwing them away after use.

Sources told the Sunday Mail the sale of disposable vapes remains rife up and down the country despite the June 1 ban, with reports of illegal trading in Edinburgh, Kilmarnock, and Falkirk.

Some 8million polluting disposable vapes, which contain single-use plastic and lithium, are disposed of incorrectly or littered in the UK every week.

In Edinburgh, responsible local vapes firm VPZ – which backs the ban on single-use vapes but has repeatedly warned about loopholes – said the first week of the ban had been chaotic amid chaos and confusion over the new rules.

They also say Trading Standards officers are stretched too thin to enforce it – and criticised “weak” starting fines of just £200.

Presented with the Sunday Mail’s findings, Jamie Strachan, operations director at VPZ, said: “I’m not in the slightest surprised you’ve found illicit vapes are still being sold in many shops across Glasgow.

“It matches with the picture we’re seeing up and down the country.

“A walk through many towns and cities across Scotland would not suggest a ban is in place… in its current form, it is not effective.

“This is because fines start at just £200 – generously reduced to £150 if retailers pay within 14 days. The reality is that without robust enforcement, the rules will simply be ignored.

“Unfortunately, products that closely resemble the now-banned disposables – often with removable pods or mouthpieces – are flooding the market.

“These new devices look and feel essentially identical to their predecessors, with the same bright colours and sweet flavours that appeal to younger demographics.”

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Glasgow City Council’s Trading Standards department vowed to follow up on the Sunday Mail’s findings.

A spokesman said: “From June 1 this year it has become illegal to sell single-use vape products that cannot be recharged or refilled.

“We have written to all premises in Glasgow registered with the Scottish Government who sell vapes to highlight the ban and advise on how to deal with non-compliant stock.”

He noted while fixed penalty notices start at £200, non-compliant shopkeepers can be prosecuted with fines of up to £5000 and two years in prison.

A Scottish Government spokesman said: “Local authorities are responsible for enforcement of the ban.”

Sarwar was approached for comment.