Pre-filled pod kits and hardware refillable pod kits can be sold in the UK when they meet the relevant legal requirements. Retailers must also comply with age restrictions, recycling rules, advertising restrictions and product-notification obligations.
Pre-filled pods must be reusable
A pre-filled pod kit is not automatically a disposable vape. It can be reusable if the battery can be recharged and the pod can be replaced with a separately available pre-filled pod.
A product may be treated as single-use if it cannot be recharged, refilled or reused as required by the applicable rules.
Refillable pod hardware
A refillable pod device should:
- Have a rechargeable battery
- Use a refillable pod or cartridge
- Allow the pod to be replaced or refilled
- Have compatible replacement pods or parts available
- Meet applicable product and packaging requirements
Retailers should keep supplier documentation explaining how products are reused.
Capacity and nicotine limits
For consumer products covered by UK requirements:
- Nicotine concentration must not exceed 20 mg/ml
- Nicotine-containing refill bottles must not exceed 10 ml
- Pods and cartridges are generally limited to 2 ml
These limits apply regardless of whether the customer intends to modify or refill a product.
MHRA notification
Applicable nicotine-containing products must be notified before being placed on the GB market. Retailers should check product details and notification information with suppliers via the MHRA’s notification scheme.
Do not rely solely on a wholesaler’s statement that a product is compliant. Retain product records and ask for documentation where needed.
Age verification
Retailers should have effective procedures to prevent underage sales. From 29 October 2026, the age of sale for vaping and nicotine products will be 18, with additional restrictions affecting supply and promotions.
Online retailers should consider:
- Age verification before checkout
- Verification at checkout or delivery
- Failed-delivery procedures
- Staff training
- Fraud prevention
- Refused-sale records
Advertising and editorial content
Factual information about products may be published on a retailer’s own website, but it must not become misleading or promotional content that breaches the relevant advertising rules.
Avoid:
- “Healthy vape” claims
- “Risk-free” claims
- Medical claims
- Claims that vaping guarantees quitting
- Child-appealing designs
- Influencer promotion
- Paid social posts promoting nicotine products
- Discounts or giveaways that may breach future restrictions
The ASA also states that nicotine content must be made clear in applicable advertising and that marketing must not encourage non-smokers or non-nicotine users to vape.
Recycling
Retailers selling pod devices should provide an appropriate take-back route for used devices and vape components. This includes rechargeable hardware, empty pods and used pre-filled pods.
Do not advise customers to put vapes in general waste.
Vaping Products Duty
Vaping Products Duty is due to apply from 1 October 2026. Businesses should review HMRC requirements, including whether their products and operations fall within the duty system.
Compliance checklist
Before listing a pod product, confirm:
- It is rechargeable
- It is refillable or uses separately available replacement pods
- It is not single-use
- The pod or cartridge capacity is compliant
- Nicotine strength is within the legal limit
- Product notification information has been checked
- Packaging and warnings are present
- Age verification is active
- Recycling arrangements are available
This article is general information and not legal advice.