One in 20 Adults Smoke or Vape in England, But Serve Legal Data Suggests Even Higher Usage Among Children

One in 20 Adults in England Now Smoke and Vape

Recent research highlights a sharp increase in the prevalence of smoking and vaping among adults in England. According to a University College London (UCL) study published in The BMJ, just over one in 20 adults (5.2%) now smoke and use e-cigarettes, up from around one in 30 (3.5%) in 2016. This significant rise is attributed in part to the increasing popularity of disposable vapes since 2020-21.

The UCL analysis of data from over 128,000 adults collected through the Smoking Toolkit Study revealed a sharp increase in dual smoking and vaping behaviour starting in 2021. Vaping among non-smokers also rose dramatically, particularly among young adults and heavy drinkers. For example, by April 2024, 19% of 18-year-olds who had never smoked were reported to use vapes regularly. These findings have raised concerns about the normalisation of vaping among young people.

Serve Legal Survey Data - Alarming Trends Among Youth

The growing trend of vaping is not confined to adults. Serve Legal’s survey data paints a troubling picture of underage vaping and its increasing normalisation among minors. A survey conducted in February 2023 revealed that 42% of respondents admitted to using a vape before the age of 18. Even more alarming, 88% reported that at least one of their peers had started vaping before turning 18, with 53% of these cases involving individuals aged 15 or younger.

Recent Compliance Issues in Retail

The rise of underage vaping is being exacerbated by poor compliance among some retailers. A recent operation by Westmorland and Furness Trading Standards reveals just how significant the problem is. In March 2025, an undercover test purchase operation was conducted in Barrow and Ulverston, targeting nine retailers to check for illegal sales of vapes to minors. Of these, two retailers were caught selling vapes to an underage test customer.

The operation, prompted by complaints from local police, parents, and the public, shows that despite regulations, a significant number of retailers still fail to comply with the law. 

The Double-Edged Sword of Vaping

Vaping has become a popular tool for those looking to quit smoking, offering an alternative often marketed as healthier. However, cheap, disposable vapes in sweet flavours like “tutti-frutti” have made nicotine more attractive to underage users, sparking concerns about targeting young people.

Rebecca Chesworth’s 15-year-old son Nathan nearly died after his lung collapsed from vaping. Believing it was safe, he started using flavoured vapes to fit in with friends, only to end up gravely ill. Rebecca said, “We only found out he was vaping after it nearly killed him. I think it needs to be much harder to buy them, and the messaging around them is so confusing. People are just swapping smoking with something else without really knowing what the risks are.”

How Are Young People Accessing These Vapes?

Despite strict laws prohibiting the sale of e-cigarettes to minors, Serve Legal’s trial audit data reveals significant gaps in retailer compliance.

In October 2023, Serve Legal conducted trial audits for 13 companies across various UK retail sectors, none of whom were existing clients, to provide a snapshot of their compliance risks. Across 20 audits, our 18-19 year old auditors were only asked for proof of age 50% of the time.

Despite this, things do look much brighter for those retailers who actively choose to test their compliance framework with Serve Legal. Supermarkets showed some improvement in ID compliance, with rates increasing from 84% in 2023 to 88% in 2024 for e-cigarette audits.

What Are Serve Legal Doing to Address the Problem?

As the market leader in ID and compliance testing services in the UK and Ireland, Serve Legal is playing a crucial role in addressing the issue of underage vaping.

We conduct rigorous ID and No ID audits across various retail sectors, including supermarkets, convenience stores, forecourts, and vape specialists. These audits simulate real-world scenarios to test retailers’ compliance with laws governing the sale of age-restricted products.

Serve Legal’s audits are designed to identify areas where retailers need to improve. For instance, in No ID tests, auditors pretend they have forgotten their ID to assess whether retailers are enforcing proper checks. By providing detailed feedback and bespoke advice, Serve Legal helps businesses align with best practices and ensure compliance with age-restriction laws before a Trading Standards assessment inflicts fines or further consequences.

Serve Legal’s services are especially valuable as new regulations come into effect. With the upcoming ban on disposable vapes, stricter marketing restrictions, and increased penalties for underage sales, retailers face mounting challenges in maintaining compliance. Serve Legal’s expertise ensures that businesses can navigate these changes while protecting their customers and reputations.

Government Efforts: Are They Enough?

The UK Government has introduced a series of measures aimed at curbing underage vaping. These include:

• A ban on disposable vapes, set to take effect in June 2025
• A new tax on vaping products beginning in October 2026
• Marketing restrictions to make vaping less appealing to young people
• Stricter fines for retailers selling to under-18s

While these measures are steps in the right direction, there is scepticism about their effectiveness. According to Serve Legal’s Spring 2024 survey, only 16% of respondents believe that the government’s efforts are sufficient to achieve the “smoke-free generation” goal.

Looking Ahead

The rise of vaping among young people is a multifaceted issue that requires coordinated efforts from policymakers, retailers, and compliance organisations. Serve Legal’s ongoing work to monitor compliance and support retailers is a vital part of this effort. By conducting thorough audits and providing actionable insights, Serve Legal helps ensure that retailers uphold age-restriction laws and adapt to evolving regulations.

To learn more about how Serve Legal can support your business through its audit programmes and best practice advice, contact our Client Management team today.