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How to Spot a Fake Vape: Checks for Illegal Vapes in the UK

How to Spot a Fake Vape

John Boughey |

The short answer: a legal vape sold in the UK has a tank of no more than 2ml, nicotine e-liquid of no more than 20mg/ml in bottles of no more than 10ml, a UK nicotine health warning, UK contact details, and (for nicotine products) a listing on the MHRA's notified products list. Increasingly, it will also carry a yellow or red duty stamp, which becomes compulsory on every vaping product sold from 1 April 2027.

Fake and illegal vapes are still sold in the UK: on social media, at market stalls, and in shops that don't specialise in vaping. Some are counterfeit copies of well-known products; others are genuine products that break UK rules, such as oversized tanks or extra-strong e-liquid. Either way, they haven't been checked against UK safety and quality rules. This guide explains what makes a vape legal in the UK, the checks you can do yourself, and how to report a product you think is illegal.

Nicotine vapes and e-liquids sold in the UK must meet the Tobacco and Related Products Regulations 2016. According to Trading Standards' official business guidance, Business Companion, the key rules are:

Rule The legal limit
Tank or pod capacity No more than 2ml
Nicotine strength No more than 20mg/ml
Nicotine e-liquid bottle size No more than 10ml
Notification Nicotine products must be notified to and published by the MHRA before sale
Packaging Child-resistant and tamper-evident, with a nicotine health warning, a leaflet and UK contact details

On top of these, vapes must be rechargeable and refillable, and from 1 October 2026 new vaping products need a duty stamp (see below).

Seven checks to spot a fake or illegal vape

1. Check the tank size

Look at the capacity printed on the box or pod. If a device holds more than 2ml in its tank or pod, it isn't legal to sell in the UK. Be wary of devices advertising huge puff counts from a single tank. Some legal kits reach high puff counts by pairing a 2ml pod with a separate refill container of up to 10ml, but a single sealed tank far larger than 2ml breaks the rules.

2. Check the nicotine strength

Nicotine e-liquid sold in the UK can't be stronger than 20mg/ml. A strength such as 30mg/ml, 50mg/ml or "5%" on a vape or e-liquid means it wasn't made for the UK market. (Nicotine pouches are labelled differently and aren't covered by this limit.)

3. Check the health warning and leaflet

Packs of nicotine vaping products sold in the UK must carry a prominent health warning stating that the product contains nicotine, which is highly addictive, and come with a leaflet of instructions and warnings. A missing warning, or one in another language only, is a red flag.

4. Check for UK contact details

Legal products carry the name and contact details of the UK manufacturer, importer or a responsible person. No UK address at all suggests the product hasn't gone through UK compliance checks.

5. Check the MHRA notified products list

Every nicotine vaping product must be notified to the MHRA and published before it can be sold. You can search for a product by name on the MHRA's e-cigarette notified products list. Bear in mind that nicotine-free products don't need notifying, so they won't appear on the list, and that a listing doesn't by itself prove the item in your hand is genuine. Use it alongside the packaging checks.

6. Look for a duty stamp

Since 1 October 2026, vaping products made in or imported into the UK must carry a vaping duty stamp. Our guide to vape tax describes the stamps as yellow or red, rectangular and tamper-evident. Shops can keep selling older, unstamped stock until 31 March 2027, so until then a missing stamp isn't proof on its own. From 1 April 2027, the government says every vaping product sold in the UK must carry a valid duty stamp, and an unstamped product will be a clear warning sign.

From 1 January 2027, only digital stamps can be applied to new products. HMRC has said these will carry a scannable code, and that retailers and customers will in due course be able to scan them to check a product is authentic.

7. Check the price and the seller

Vaping Products Duty adds £2.20 to every 10ml of e-liquid, with VAT on top. E-liquid or vapes offered at a price that barely covers the tax, or less, should make you suspicious. So should a seller who doesn't ask your age: selling vapes to under-18s is illegal, and from 29 October 2026 that applies to nicotine-free vapes too. Our guide to the legal vaping age explains the rules.

How to spot a counterfeit of a real product

Some fakes copy the packaging of popular, legal products. Compare your product with the manufacturer's own website and look for:

  • Poor printing: blurry text, colours that look slightly wrong, or spelling mistakes on the box.
  • Missing or broken security features: many manufacturers print a scratch-off code, QR code or hologram that you can check on their website. A code that's missing, already scratched, or that the manufacturer's site doesn't recognise is a warning sign.
  • Wrong details: flavours or strengths the brand doesn't make, or a puff count that doesn't match the manufacturer's own figures.
  • A difference in taste or feel: a flavour that tastes noticeably different from usual, or a device that feels lighter or less well made.

If something seems off, stop using the product.

Why fake and illegal vapes are a problem

Legal vapes have to be notified to the MHRA with details of their ingredients and emissions, and they must meet UK limits on tank size and nicotine strength. Illegal products haven't been through those checks, so there's no way to know what's in them or whether they meet UK safety standards. Trading Standards can seize vaping products that haven't been notified or that break the rules.

Any single-use (disposable) vape on sale today is also illegal: it has been an offence for businesses to sell or supply single-use vapes since June 2025.

How to report a fake or illegal vape

  • Products that break safety or labelling rules, or a shop selling to under-18s: report it to Trading Standards through the Citizens Advice consumer service.
  • Products you think are being sold without paying duty: report it to HMRC. HMRC has said that anyone who suspects a vaping product may be illicit can report it.

How to buy vapes safely

The simplest way to avoid fakes is to buy from an established vape retailer that checks your age, lists clear product details and sources stock from authorised suppliers. Every order on our site is age-verified at checkout, and we've been selling vapes and e-liquids since 2015.

Frequently asked questions

How can I check if a vape is legal in the UK?

Check that the tank is 2ml or less, that nicotine strength is 20mg/ml or less, that the pack has a UK nicotine warning and UK contact details, and that nicotine products appear on the MHRA's notified products list. From 1 April 2027, also check for a duty stamp.

Are fake vapes illegal?

Yes. Selling vaping products that haven't been notified to the MHRA, or that break UK rules on tank size, nicotine strength or labelling, is illegal, and Trading Standards can seize them. Counterfeits also infringe the trade marks of the brands they copy.

What does a vape duty stamp look like?

Vaping duty stamps are yellow or red, rectangular and tamper-evident, and are fixed to the retail packaging. From 1 January 2027, new products must carry digital stamps with a scannable code.

Is it illegal to buy or own a fake vape?

The offences mainly fall on people who make, import or sell illegal products, not on buyers. But you have no way of knowing what's in an illegal vape, so it's not worth the risk.

J

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John Boughey

John Boughey is the General Manager at Gourmet E-Liquid and a long-standing contributor to our blog. He focuses on educational guides that simplify the jargon around vape kits, e-liquids, nicotine strengths, and UK compliance, turning everyday customer questions into step-by-step explanations. John’s goal is to help adult vapers make informed choices, troubleshoot common issues, and find products that match their preferences.

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