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Campaigners fear illicit nicotine pouch market growth

legitimate and fake nicotine products

The bottom pot and smaller pouch are counterfeit nicotine pouch products

Photo provided by TSL Authentic

Campaign group We Vape has warned that the government is ill-prepared to enforce forthcoming nicotine pouch regulations, citing Freedom of Information (FOI) data that shows Trading Standards teams are carrying out virtually no enforcement activity in the category despite extensive action against illicit vapes.

The organisation has written to MPs across England urging them to press ministers on funding, training and enforcement capacity ahead of the implementation of new nicotine pouch regulations under the Tobacco and Vapes Act.


According to the FOI findings, local authorities have seized tens of thousands of illicit vapes and conducted numerous under-age test purchases and prosecutions, while recording almost no nicotine pouch-related enforcement activity.

Examples highlighted by We Vape include Lancashire, where Trading Standards seized more than 20,000 illicit vapes, carried out 126 under-age test purchases and secured eight prosecutions, but reported no nicotine pouch enforcement. Similar patterns were identified in Surrey and Buckinghamshire, Birmingham, Bristol, Dorset and North Yorkshire.

We Vape founder Mark Oates said the figures demonstrate that Trading Standards can be effective when provided with clear rules and resources, but warned that nicotine pouches could follow the same path as illicit vapes if enforcement teams are not adequately prepared.

“There is a real risk that nicotine pouches could follow the same path as illicit vapes if enforcement teams are expected to take on significant new responsibilities without adequate preparation, training and resources,” Oates said.

“If ministers want the new regulations to be effective, they need to ensure Trading Standards have the tools and capacity required to enforce them.”

The campaign group has asked MPs to seek assurances from ministers on additional funding, officer training and laboratory capacity to support enforcement of the new regulations. It has also called for clarity on how the government will balance restrictions aimed at preventing youth access with the availability of adult-oriented products intended to support smokers switching away from cigarettes.

The warning comes as harm reduction advocates behind the 20isPlenty campaign continue to call for a 20mg nicotine cap on pouches. Campaigners argue that the limit would provide an effective alternative for adult smokers while reducing the appeal of high-strength products.

Richard Crosby, UK director of Considerate Pouchers, said the FOI data highlighted the need to address enforcement capacity before problems emerge.

“The 20isPlenty campaign is calling for a sensible 20mg cap alongside proper support for Trading Standards teams. Adult smokers switching from cigarettes should have access to effective alternatives, but regulators also need the resources to tackle irresponsible products and under-age sales,” he said.

The Tobacco and Vapes Act 2026 introduces powers to regulate nicotine products, including vapes and pouches, covering areas such as flavours, packaging, advertising and enforcement measures. While the government has announced £10 million for Trading Standards in 2025/26, largely focused on illicit vape enforcement, no dedicated funding package for nicotine pouch enforcement has yet been announced, according to the campaigners.