Ladchumicanthan Shanmuganathan, 48, sole director of the company U&I UK Retail Ltd, appeared before Southern Derbyshire Magistrates Court on Monday (9 June), where he pleaded guilty to 20 charges relating to the possession for supply of non-compliant vapes at Gamesley Convenience Store, 92 – 94 Glossop Road, Gamesley.
The successful prosecution was brought by our trading standards team following an investigation.
In March last year Derbyshire trading standards officers carried out an inspection at the shop where they found 651 vapes that did not comply with the Tobacco and Related Products Regulations 2016 in that they contained nicotine liquid in excess of the 2 millilitres permitted. A total of 174 of these also had nicotine concentrations in excess of the maximum 2% and 430 of them did not meet the required product information and labelling requirements.
The shop had been previously visited by trading standards officers in October 2023 when illicit vapes had been seized as well as fireworks at a time when the shop was not licensed to store them. As a result, the business was warned and advised on compliance with the law. Despite this, more illicit vapes were found at the shop in March 2024.
In sentencing Shanmuganathan the court took into consideration the potential public health risks and the interactions with trading standards.
In addition to a £9,333 fine, the court ordered payment of £2,471 costs and a £2,000 victim surcharge; a total of £13,804.
Derbyshire County Council Cabinet Member for Health and Communities Councillor Dawn Abbott said:
“Anyone selling vapes should be clear on the law, and our trading standards officers work incredibly hard to ensure businesses comply with the regulations by offering advice and guidance.
“Unfortunately, there are still traders who disregard the regulations despite being advised, and we have no choice but to prosecute them, as in this case.
“While vapes can be a useful tool to help existing smokers quit, those vapes must be compliant with the strict regulations set down in law.
“This successful prosecution brought by our trading standards officers sends out a strong message that flouting the law by selling illicit vapes will not be tolerated.”
Councillor Abbott added:
“Since 1 June it is also now illegal for retailers to sell single-use disposable vapes so our trading standards officers will be ensuring this is adhered to across the county. They are asking people who suspect single-use vapes are still being sold to report it.”
People wanting to report any suspicions of the supply of illicit vapes should report them to the Citizens Advice consumer helpline on 0808 2231133 or Crimestoppers on 0800 555111.