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Faulty or Fake Vape? What UK Law Says and How to Report It

Consumer Rights & Safety

Faulty or Fake Vape? What UK Law Says and How to Report It

A device that will not charge, a strange smell, packaging that looks slightly off. Most of the time it is nothing serious, but sometimes it genuinely is a fault, or worse, a counterfeit product. Here is how UK law actually treats each situation, and the real steps for sorting it out.

Published 5 October 2026 Ecosmok Editorial Team

Not every odd quirk is a fault. A burnt taste or a bit of leaking after a refill is usually ordinary wear, covered in our existing guides on coil replacement and battery care. This article covers the other situation: a device that is genuinely broken, unsafe, or not what it claims to be. UK law gives two separate routes here, one through consumer protection law for a refund or repair, and one through the official safety reporting system for anything that could put people at risk.

What actually counts as a fault or safety concern

Under the Tobacco and Related Products Regulations 2016, UK e-cigarette and e-liquid producers have a legal duty to run their own vigilance system. Part 6 of those regulations, specifically regulations 37 and 39, requires them to collect information about suspected adverse effects and take corrective action immediately if a product is found not to be safe, not of good quality, or not conforming to the rules. That is the regulatory backbone behind every genuine fault report.

In practice, a genuine fault usually means a device that overheats, swells, leaks heavily or stops working through no fault of use, a suspected adverse reaction, or a product that appears counterfeit. Ordinary wear, like a worn coil or a battery holding less charge over time, is not the same thing and needs no report.

Common vape problems: fix it yourself or report it

A quick way to work out which category a problem falls into. For everyday device care, see our Health & Safety page; for a wider look at your rights, see our UK Laws & Regulations page.

What you are seeing Usually means What to do
Burnt or harsh taste Worn coil, normal wear and tear Replace the coil, no report needed
Light leaking after refilling Seating or seal issue, usually minor Reseat the tank and check the seal
Battery holds less charge than it used to Normal battery wear after months of use No report needed, consider a replacement device
Device overheats, swells or smokes Genuine safety fault Stop using it immediately, report to retailer and MHRA
Wrong or missing nicotine warning on packaging Possibly fails UK labelling rules, or counterfeit Stop using it and report it
No duty stamp on e-liquid bought after 1 October 2026 Possible illicit or counterfeit product Query it with the seller and consider reporting it
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How to spot a counterfeit or illegal vape

Counterfeit and illicit vapes are a recurring enforcement target in the UK, and a handful of checks cover most of what to look for.

  • The health warning should read exactly "This product contains nicotine which is a highly addictive substance" and cover roughly 30 percent of the front and back of the packaging. Anything shorter, reworded or missing is a red flag.
  • From 1 October 2026, legally taxed e-liquid must carry a physical or digital duty stamp. A bottle without one, bought after that date, is worth questioning.
  • Genuine products carry clear UK retailer or importer contact details. No contact details at all is a warning sign.
  • A price that looks too good to be true, especially for a well known brand, often is.
  • A seller who skips age verification at the point of sale is not operating within UK rules, whatever the product itself turns out to be.

The MHRA Yellow Card Scheme explained

The Medicines and Healthcare products Regulatory Agency runs the Yellow Card Scheme, the UK's official system for reporting suspected problems with medicines and, since 2016, e-cigarettes and e-liquids too. Reports can cover a suspected adverse reaction, a device not working to specification, or a suspected counterfeit.

Anyone can submit a report, whether a member of the public, a healthcare professional or a retailer, through the Yellow Card website, and a guest submission needs no account. Manufacturers and importers have their own separate duty to notify the MHRA directly, so a consumer report sits alongside that system rather than replacing it. Reporting will not itself get you a refund, since that comes from consumer law instead, but it feeds the official monitoring that can lead to a product being investigated or withdrawn.

How vape safety reporting in the UK has developed

  • 2016The Tobacco and Related Products Regulations 2016 place a vigilance duty on producers, requiring them to monitor and report safety issues.
  • 20 May 2017The underlying EU Tobacco Products Directive requirements come fully into effect in the UK, and the MHRA's Yellow Card Scheme is extended to cover e-cigarettes and e-liquids.
  • 1 October 2026Mandatory vaping duty stamps begin, giving buyers another concrete way to check that taxed e-liquid is genuine.
  • TodayConsumers, retailers and manufacturers can all report a genuine fault or suspected counterfeit through the same official route.

Your consumer rights if a vape is faulty

Reporting a safety issue to the MHRA is separate from getting a refund or repair, which comes under the Consumer Rights Act 2015. Goods bought from a trader must be of satisfactory quality, fit for purpose and as described. If a vape fails that standard, section 22 of the Act generally gives a short term right to reject it and claim a full refund within 30 days of receiving it.

After that window, the retailer usually gets one attempt to repair or replace the item before a different remedy applies, such as a price reduction or a final right to reject. None of this depends on reporting anything to the MHRA first. The simplest step is to contact the retailer you bought it from, explain the fault, and keep your receipt. Our Customer Support page and Contact Us page have the details for reaching us directly if that retailer is Ecosmok.

Frequently asked questions

What should I do if I think my vape is faulty?

Stop using it if there is any sign of overheating, swelling or damage, then contact the retailer first. Most problems are resolved directly with the seller under the Consumer Rights Act 2015, and a genuinely unsafe product can also be reported through the MHRA Yellow Card Scheme.

Is a vape that tastes burnt or leaks a little actually faulty?

Usually not. A burnt taste is normally just a worn coil, and light leaking after refilling is often a seating or seal issue rather than a genuine fault. These are everyday maintenance matters, not safety concerns, unless the device also overheats, swells or stops working properly.

What is the MHRA Yellow Card Scheme and do I have to use it?

It is the UK's reporting system for suspected side effects, device defects and counterfeit e-cigarettes or e-liquids, run by the Medicines and Healthcare products Regulatory Agency. You do not have to use it, but it is the official route for flagging a genuine safety concern so it can be investigated.

Am I entitled to a refund or replacement for a faulty vape?

Under the Consumer Rights Act 2015, you generally have a short term right to reject faulty goods and get a refund within 30 days of receiving them. After that, the retailer usually gets one attempt to repair or replace the item before further remedies apply.

How can I tell if a vape I have bought is counterfeit?

Warning signs include a missing or wrongly worded nicotine warning, no UK retailer or importer contact details, an unrealistically low price, and, since 1 October 2026, no duty stamp on taxed e-liquid.

Who do I contact first if something goes wrong with my device?

Contact the retailer first, since they are responsible for resolving faults under consumer law. Report to the MHRA Yellow Card Scheme separately only for a genuine safety concern, a suspected counterfeit, or an adverse reaction.

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Every device and e-liquid we sell carries the correct UK labelling, so you know exactly what you are getting.

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You must be 18 years of age and have a valid credit card to purchase from us. As a responsible retailer, Eco Smok Store ensures that no sales are made to minors. We perform a one-time age verification via our partner, One_ID. Vapesway reserves the right to cancel any transaction if it believes products are being purchased for a minor.

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