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Two-thirds of Moray shops fail e-cigarette age tests

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Action has been taken against retailers in Moray after large numbers were found to be selling potentially harmful vaping products to children.

A Trading Standards operation found almost two-thirds failed to ask buyers for proof of age.

Fines were issued to two businesses after they failed to clean up their act despite being provided with advice and additional training.

Moray Council’s Trading Standards Manager Peter Adamson said the high number of businesses selling nicotine vapour products to young buyers without challenging their age was “concerning”.

“It may be that some of these retailers are not experienced in managing age restricted sales but all retailers have been advised on their obligations,” he said.

“Trading Standards expects businesses selling vaping products to meet their responsibilities.”

New laws were introduced last year to better protect those under the age of 18, with sellers required to ask for proof of age for the sale of e-cigarettes, e-liquids and other vaping products to anyone appearing to be under the age of 25.

Previously no age restrictions were in place for the purchasing of e-cigarettes.

The test purchasing operation undertaken by Moray Council saw the Trading Standards team assess 17 shops selling e-cigarette products.

Almost two-thirds failing to ask buyers for proof of age, with advice was given to the 11 failing establishments before formal test purchases were conducted.

Two retailers failed the follow-up test purchases, with both issued £200 fixed penalty notices.

The findings are at odds with those for traditional tobacco products, where businesses have had a much larger success rate.

In Moray, 43 out of 48 tobacco retailers passed the age check test, with only one of the five failures also failing a follow up formal test purchase.

The Health (Tobacco, Nicotine etc and Care) (Scotland) Act 2016 outlines the requirement for retailers to be registered as selling tobacco and nicotine vaping products and requires them to have an age verification policy in place for the sale of these products.

Public Health Minister Aileen Campbell said at the time of the act’s introduction: “We know e-cigarettes are almost certainly safer than cigarettes and have a role to help people quit smoking, but we don’t believe children should have access to them.

“That is why these age restrictions are so important.”