Illegal tobacco

All tobacco is harmful, but illegal (or illicit) tobacco is likely to have an unknown composition, is unlikely to meet UK safety standards, will be duty non-paid, and could be counterfeit.

Illegal tobacco makes it easier for children to take up smoking and get hooked, could increase the risk of house fire as the burn out propensity is reduced and is affecting legitimate, honest, hardworking Suffolk businesses.

The illegal tobacco trade is often part of organised criminal activity and is linked to a range of other illegal trades including illegal alcohol and DVD production, people-trafficking and drug smuggling. There is also evidence to suggest that the illicit tobacco trade funds terrorism. 

How to spot illegal tobacco

The tell-tale signs are:

• Not sold in standardised green packaging
• Unusual taste
• Popular brand or foreign brand names such as Raquel and Jin Ling
• Cheap prices (around half the price of a genuine pack of 20)
• Unusual packaging (spelling mistakes, wrong logos, discoloured packaging)
• The print quality of the detail on the cigarette is noticeably worse

Also, look at the health warnings on the cigarette packaging:

• They might not be in English
• They might not display a picture
• They might not be printed on a white background
• They might have different sized lettering to usual

Report illegal tobacco

Suffolk Trading Standards is working hard to crack down on illicit tobacco and people can make a real difference to help keep illicit tobacco off the streets and protect their community by reporting it.

You can report someone for selling illicit tobacco to us by calling the Citizens Advice consumer helpline on 0808 223 1133.

Penalties for selling illegal tobacco

When a premises gets caught selling illegal tobacco or singles, the penalties include:

• a review of the premises licence, which could lead to it being revoked
• a formal written warning
• a simple caution
• prosecution, which could result in an unlimited fine or imprisonment
• a Closure Order, requiring the premises to close for a period of time.

Agencies that deal with illegal tobacco

• HM Revenue and Customs (HMRC) - responsible for tackling the illegal trade in tobacco products
• UK Borders Agency – has operational responsibility for enforcement at UK borders
• Trading Standards – enforces legislation regarding the sale of these illegal products
• Police - enforce legislation around possession for the purposes of supply, and the supply of illegal tobacco

Track and Trace

Under the Tobacco Products (Traceability and Security Features) Regulations 2019, unit packets of cigarettes and hand-rolling tobacco that have been manufactured in or imported into the UK must:

• have unique identifiers (UIDs) on the packaging
• have packaging to which five specific security features have been applied
• be scanned at particular points in the supply chain

Traders that manufacture, import, store, transload (move from one vehicle to another) and sell tobacco products must register with an ID issuer for business and product IDs.

If Suffolk Trading Standards think a trader has broken the tobacco track and trace rules their information may be shared with HMRC.

HM Revenue and Customs (HMRC) can impose penalties on traders that do not comply with track and trace requirements. See 'Tobacco track and trace penalties' on the GOV.UK website for more information.

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