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Fri, 11 September 2026

Criminal gangs don’t care about Westminster’s smoking ban

Credit: Adobe Stock

3 min read Partner content

With the implementation of the Tobacco and Vapes Act on the horizon, BAT UK warns prohibition could drive consumers towards criminal gangs, undermine responsible retailers and weaken progress towards a smokeless future built on choice, regulation and enforcement

Freedom and personal responsibility have long been central to Britain’s national character. Adults have been trusted to make informed choices for themselves. Yet increasingly, politicians are reaching for prohibition as the answer to complex public policy challenges.

When it comes to smoking and nicotine, that approach risks creating serious unintended consequences – while handing an even greater opportunity to the criminals already profiting from the black market.

Let me be clear. Nobody wants to see children accessing age-restricted products. But there is a significant difference between protecting children and restricting the freedoms of law-abiding adults.

Public policy should be guided by the science and recognise that adults are capa­ble of making their own choices. The truth is that for millions of smokers, a growing range of smokeless alternatives such as vapes and nicotine pouches may offer a pathway away from cigarettes. Indeed, NHS data shows that the number of adults reporting as ‘current smokers’ is at its lowest levels since the survey began back in 1993 at 11 per cent.

The government’s priority should be much simpler: enforce the law and take the fight to the organised criminals already profiting from illicit trade. The black market is already booming on our own shores. In one single operation, Trading Standards seized 46 million illicit cigarettes and over 12,500kg of hand-rolling tobacco across a three-year period. Despite these efforts, illicit tobacco trade in the UK continues to grow significantly, with official estimates failing to capture the true scale of the issue.

Parliamentarians have already warned that a Generational Smoking Ban risks creating an “unregulated, untaxed criminal bonanza,” at a time when the Chartered Trading Standards Institute has officially criticised a lack of funding for enforce­ment. A recent KPMG report estimates 7.3 billion illicit ciga­rettes in the UK which is an increase of 1.37 billion year-on-year, alongside £4.87bn in lost excise revenue.1

And now, we are increasingly, being made aware of incidents of counterfeit vapes and nicotine pouches being sold, often without consumers even realising what they are purchasing. We have sought to share our expertise with enforcement agen­cies to help identify counterfeit products and their potential sources. Industry intelligence can play an important role in disrupting illicit supply chains and should be treated as part of the solution.

The only true winners here, therefore, are the criminal enter­prises. They do not check ID. They do not follow product stand­ards. They do not pay tax. And they will not obey these new regulations either. They undermine the thousands of respon­sible, small British businesses who follow the law every day.

Further prohibition risks driving more consumers towards these gangs, as demand shifts from the regu­lated market to the black market.

Instead of focusing on measures that risk driving demand into illegal markets, such as the ill-advised Generational Smoking Ban, govern­ment ministers must start cracking down on the criminal gangs profiting from illicit trade. That means providing greater resources to Trading Standards, Border Force and law enforcement agencies. It means tougher penalties for rogue operators. It means ensuring that a retail licens­ing system is backed by meaningful sanctions that genuinely deter wrongdoing.

The choice facing policymakers is simple. Support adult freedom, maintain access to regulated products and come down hard on criminal gangs. Or continue down a path that risks strengthening the black market and empowering those who already operate outside the law.

A smokeless future will not be delivered by prohibition. It will be delivered through informed consumer choice, respon­sible regulation and relentless action against organised crime. Britain’s law-abiding adults deserve nothing less.

Reference

  1. KPMG; Illicit cigarette and heated tobacco consumption, and oral nicotine share in Europe

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