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LGA - Illegal tobacco trade harming efforts to cut smoking, councils warn

Efforts to reduce smoking are being undermined by millions of cheap, illegal cigarettes containing up to 500 per cent higher levels of cancer-causing chemicals flooding the black market, warn councils.

Huge quantities of illicit cigarettes are being taken off the streets by councils as they continue cracking down on the illegal trade.

The Local Government Association (LGA) said recent council hauls have seen sniffer dogs used to trace bootlegged and counterfeit tobacco.

Millions of illegal cigarettes worth hundreds of thousands of pounds are regularly seized by councils and recent raids and prosecutions across the country include in Manchester, Croydon and Coventry.

Trading standards officers have found illegal stashes of cigarettes hidden under floorboards, in toilet cisterns, in boxes of sweets, behind extractor fans and ceiling lights, and beneath a motorised lift.

Many fake cigarettes contain even higher levels of toxic ingredients such as tar, nicotine, carbon monoxide, lead and arsenic than genuine brand-name cigarettes. Counterfeits also contain up to 500 per cent more cadmium than their genuine counterparts.

Alongside the health risks, fake cigarettes also pose a greater fire risk as they do not include designs that ensure that a lit cigarette will self-extinguish if not actively smoked. This reduces the chances of them starting a fire if they are left burning in an ashtray, are dropped or if the smoker falls asleep.

They also cost the UK economy more than £2 billion a year in unpaid duty.

Cllr Simon Blackburn, Chair of the LGA's Safer and Stronger Communities Board, said:

"Illegal tobacco being sold cheaply through the black market by rogue traders is funding organised criminal gangs, damaging legitimate traders and robbing the tax payer of more than £2 billion that could be spent on schools, hospitals and caring for the elderly.

"Cheap cigarettes might be tempting to buy because people think they are getting a good deal on brand-name cigarettes. The reality is that cheap cigarettes are often fakes.

"No cigarettes are good for you, and fake cigarettes contain even higher levels of cancer-causing toxins than standard cigarettes, so people should think twice about buying them.

"Aside from the content being unregulated and dangerous, fake cigarettes fail to extinguish themselves when left to burn, presenting a real danger to people.

"Children and young smokers can often be targeted by people who sell illegal cigarettes, making it even easier for them to get hooked on smoking.

"Any shopkeeper thinking of selling illegal tobacco should think again. Trading standards teams at councils nationwide will continue to carry out enforcement exercises that target rogue traders and help to protect the health of children and young people."

Consumers who are concerned about any tobacco product on sale are encouraged to report the matter to the Citizens Advice Consumer helpline on 08454 04 05 06.

Case studies:

In 2015/16 Derbyshire County Council seized more than 1.85 million counterfeit cigarettes and 595kg of illegal tobacco, and successfully prosecuted seven individuals for the sale and supply of illegal cigarettes/tobacco. Since 2011/12 the council's trading standards team has been involved in the seizure of 3.1 million sticks of cigarettes and 1.6 tonnes of hand rolling tobacco - equating to £1.2 million in lost revenue and tax if sold.

Sniffer dogs have helped Durham Council's trading standards team seize 456,320 illicit cigarettes and 28kg of rolling tobacco totalling a combined £84,000 since April 1, 2015. 

More than 708,000 illegal cigarettes and 567kg of hand-rolled and chewing tobacco worth £330,000 was uncovered at 22 premises along with 17,000 empty and suspected counterfeit tobacco pouches in Accrington and other parts of East Lancashire.

Croydon Council trading standards officers made the biggest seizure of illegal tobacco when they raided a factory producing fake branded tobacco. They seized 4,600 50g packets of fake Golden Virginia Hand Rolling Tobacco worth £85,000. The factory had produced £500,000 worth of fake tobacco before being shut down.

A businessman in Dewsbury, west Yorkshire was jailed for 15 months after officers seized more than 159,000 illicit cigarettes and 650 packs of tobacco - the first custodial sentence by West Yorkshire Trading Standards for such an offence. Some of the illegal stash was found by a sniffer dog, hidden underneath a shelving unit and in a basement. Further hauls were found in a hole cut out of the floor and hidden beneath a crate of soft drinks. 

A shopkeeper from Coventry was ordered to pay £1,350 after being caught with 1,000 packets of illegal cigarettes and tobacco hidden around his shop, including above a ceiling light and behind an extractor fan. In another case illegal cigarettes valued at £1,700 and tobacco were found hidden under a motorised lift built into a floor in a Coventry shop.

www.coventry.gov.uk/info/30/trading_standards/327/prosecutions_and_licensing_reviews/3

www.coventry.gov.uk/news/article/1306/illegal_tobacco_found_concealed_in_purpose_built_hiding_place?acceptCookies=1

137,000 illegal cigarettes and 73 kilos of tobacco were seized following raids on nine shops and businesses on one morning in Manchester.

Staffordshire County Council trading standards team seized 75,000 illegal cigarettes and 14 kilograms of hand rolling tobacco from three retail units in Burton. Most of the cigarettes burned to the end when left – contravening British and EU safety laws. 

A shopkeeper who hid illegal cigarettes in a specially built storage unit in a toilet, was prosecuted by Warrington Borough Council. He also hid them under bathroom flooring and below shelving in the drinks fridge. Officers found 10,560 illegal cigarettes at the property. The shopkeeper received a nine-month suspended prison sentence, 280 hours of unpaid work and was ordered to pay £3,000 towards prosecution costs.

Notes

Tobacco products which do not comply with UK labelling cannot be sold in the UK. The sale of such products is an offence under the Consumer Protection Act 1987 and Tobacco Products (Manufacture Presentation and Sale) (Safety) Regulations 2002. The supply of Counterfeit tobacco is an offence under the Trade Marks Act 1994.

Anyone found selling counterfeit tobacco can face an unlimited fine or up to 10 years in prison.

Every cigarette sold in the EU must meet a reduced ignition propensity (RIP) requirement by having ultra-thin bands of slightly thicker fire-retardant paper at intervals down the length of the cigarette so that, once lit, it will self-extinguish if not actively smoked.

Counterfeit cigarettes contain up to 500 per cent more cadmium than genuine cigarettes, according to a study by a scientist at the University of St Andrews

www.thecre.com/scur/wp-content/uploads/2011/02/Stephens-Source-and-health-implications-of-high-toxic-metal-concentrations-in-illicit-tobacco-products.pdf

Based on 2005/06 figures, if the UK eradicated tobacco smuggling the increased prices and consequent fall in consumption would lead to the prevention of 4,000 premature deaths.

www.cancerresearchuk.org/prod_consump/groups/cr_common/@nre/@pol/documents/generalcontent/smuggling_fullreport.pdf

HM Revenue & Customs estimates that in 2013/14 10 per cent of cigarettes consumed in the UK were illegal, and 39 per cent of hand rolled tobacco was illicit

The illegal tobacco trade costs the UK around £2.1 billion a year in lost revenue.

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