Behind the smoke cloud: Tackling illicit tobacco on our high streets

When I first started looking into the issue of illicit tobacco, I was shocked at the sheer depth and gravity of the situation across the UK.  What I considered to be an issue of the past was quickly highlighted to me as an issue that is more prevalent than ever, and one that isn’t going away.

Illicit cigarettes and tobacco products are a persistent blight on our High Streets.  Sold under the counter, from back rooms, secret storage areas or even out of car boots, these products often evade duty, flout packaging laws and pose serious health risks to consumers.

The hunt for illicit tobacco is more than just chasing down cheap cigarettes.  As a Trading Standards Officer, you’ll quickly learn that the fight against illicit tobacco is about protecting communities, safeguarding public health and disrupting organised crime.

For those of you just starting out in this profession, welcome to one of the most challenging and rewarding aspects of our work.

“Illicit tobacco preys on the most disadvantaged in our community, stealing health and hope” Javed Khan, Independent Review into Making Smoking Obsolete, June 2022

What is illicit tobacco?

So, when we talk about illicit tobacco products – what do we actually mean?

People often assume that the cheap tobacco, such as cigarettes, hand-rolling tobacco or products like shisha, sold locally is just ‘duty free’.  In fact, illicit tobacco comes in many different forms, the most commonly seen are:

• Tobacco or cigarettes with no legal market in the UK, often from Eastern Europe – sometimes known as “cheap whites.”

• UK brands which are smuggled into the country and sold without duty being paid.

• Counterfeit/fakes – illegally manufactured and made to look like recognised brands.

Hidden dangers: Digging deeper into crime

https://www.youtube.com/watch?v=FRc4WEX8Yyo

When I talk to Officers, Police and Trading Standards, I ask them to tell me one word that comes to mind when I say illicit tobacco.  By far, the number one word I hear is ‘cheap’.  They’re cheaper, yes, but that’s precisely the problem.  Their low cost undermines legitimate businesses and makes smoking more accessible, especially to young people.

But the real danger lies beneath the surface, in a much darker area of crime.  There is a hidden cost to cheap smokes, and that is organised crime. This isn’t just petty street dealing. The illicit tobacco trade is often controlled by organised criminal groups who use it to fund wider illegal activities such as drug trafficking and human exploitation.  These networks are sophisticated, agile and ruthless.  They exploit vulnerable individuals to act as frontline sellers and they’re constantly evolving their methods to avoid detection.

But Illicit tobacco isn’t just illegal, it’s dangerous. Many counterfeit cigarettes contain higher levels of toxins and some have been found to include contaminants like sawdust, rat droppings, and even dead insects.  They often lack the fire safety features required by law, increasing the risk of house fires.

Illicit tobacco also poses a serious threat to brand integrity and intellectual property rights. Counterfeit tobacco products often bear fake trademarks and branding, misleading consumers and undermining legitimate businesses.  These offences breach trademark laws and erode consumer trust, while funding organised crime and evading tax contributions that support vital public services.

Trading Standards play a crucial role in identifying and disrupting these illegal supply chains.  We’re not just enforcing the law, we are disrupting criminal enterprises and potentially saving lives.

What can Trading Standards Officers do?

So, what’s your role in this fight? Here’s how you can make a difference:

1. Speak to your Regional Tobacco Coordinator.  They will be able to provide you with additional support and training.

2. Create a good working relationship with your local Police.  Review intel together and set up additional training and support to Police Officers.  Share your knowledge and agree how they will handle suspects when they find illicit tobacco.

3. Work with Agency Partners.  Collaborate with HMRC, Police and public health teams.  Multi-agency operations are often the most effective.

4. Educate and engage.  Raise public awareness about the dangers of illicit tobacco, the links to organised crime and the health implications to consumers.  Host school talks, support community events and support campaigns like “Keep It Out.”

5. And lastly, remember to stay safe.  Never underestimate the risks.  Sellers may be linked to serious crime and dangerous individuals.  Always conduct visits with backup and follow safety procedures to the letter.

My Final Thoughts

Illicit tobacco may seem like a small issue, but it’s a gateway to much larger problems. As a Trading Standards Officer, you’re on the front line of a battle that affects health, safety and justice.  Stay curious, stay vigilant, and remember - every counterfeit cigarette you remove is a win for your community.

Welcome to the fight. It’s worth it.

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Further reading

Keep It Out Campaign - Home | Keep It OutIt Costs More Than You Think Campaign - Illegal Tobacco | It Costs More Than You ThinkThe Standardised Packaging of Tobacco Products Regulations 2015The Tobacco Products (Traceability and Security Features) Regulations 2019The Tobacco and Related Products Regulations 2016Trade Marks Act 1994