The Vape Vacuum

Prohibition won’t stop the black market—only a modern, science-based regulatory framework can crush illegal syndicates, protect our youth, and hold the smokeless nicotine industry accountable

• “An unregulated market allows unsafe products, informal operators and irresponsible sales practices to grow outside the protection of law.”

The rapid influx of illicit vapes and oral nicotine pouches has transformed Sri Lanka’s smokeless market into a dangerous economic Wild West. Operating completely outside the law, a booming underground network thrives on zero quality controls and predatory underage sales. To protect consumers and economy alike, Sri Lanka must establish strict statutory regulations.

The emergence of any new consumer product category creates both opportunity and risk. In Sri Lanka, the rapid spread of illegal vapes and tobacco-free oral nicotine pouches is no longer only a public health concern. It is also an economic governance issue, because an unregulated market allows unsafe products, informal operators and irresponsible sales practices to grow outside the protection of law.

Last October, media reports highlighted the arrest of a businessman in Monaragala who had allegedly sold electronic cigarettes mainly to school and tuition class students. According to police reports, the business model was to charge students fifty rupees per puff. This incident clearly shows what happens when demand exists, products are available, but the regulatory framework is weak or absent.

For adult smokers, vapes and tobacco-free nicotine pouches may offer a smokeless and potentially less harmful alternative to conventional smoking. However, without proper regulation, consumers cannot know what they are buying, where the products come from, what ingredients they contain, or whether the nicotine levels are safe. In economic terms, this is a classic market failure: consumers do not have reliable information, responsible suppliers are not properly recognised, and bad actors can exploit gaps in the system.

An unregulated market does not protect consumers. It protects the informal seller.

When there are no clear rules, the market becomes attractive to irresponsible operators. Products of unknown origin can enter the country or circulate locally without quality checks. Items with questionable ingredients, misleading packaging and unverified nicotine levels can be sold freely. This not only creates direct risks to consumers, but also damages confidence in the entire category.

The economic cost of such a regulatory vacuum can be significant. First, it creates an uneven playing field. Responsible companies that invest in scientific testing, quality control, proper labelling and age-gated distribution are forced to compete with illegal or low-cost operators who cut corners. This discourages formal investment and rewards non-compliance.

Second, the Government loses visibility and control over the market. When products move through informal or illegal channels, the authorities cannot properly monitor imports, sales, consumer complaints or health-related risks. This weakens revenue collection, enforcement capacity and consumer protection.

Third, public trust is damaged. A single safety incident caused by an unregulated or illegal product can lead to public panic and pressure for reactionary bans. Such bans may appear simple, but they often push demand further underground. The outcome is a bigger black market, weaker consumer safety and less control for regulators.

This is why the issue should not be framed only as a debate between permission and prohibition. The real policy question is whether Sri Lanka wants an unmanaged informal market or a properly regulated formal market that protects adult consumers, prevents youth access and holds suppliers accountable.

A regulatory vacuum helps no one. It puts adult consumers at risk. It exposes young people to irresponsible sales practices. It undermines legitimate businesses. It weakens public confidence. It also prevents the Government from applying a modern, evidence-based approach to new nicotine products.

Sri Lanka has an opportunity to avoid these mistakes by introducing a clear foundational regulatory framework for tobacco-free smokeless nicotine products. Regulation should not be seen as a barrier to innovation. Good regulation creates market discipline. It separates responsible operators from irresponsible ones. It gives consumers reliable information. It gives policymakers the ability to monitor, enforce and respond.

There are three essential pillars that Sri Lanka should consider.

The first is strict product standards. There must be clear rules on permissible ingredients, manufacturing quality, safety requirements and science-based nicotine limits. No product should be allowed in the market without basic assurance of quality and safety. This is essential to prevent low-quality and unknown products from reaching consumers.

The second is transparent consumer information. Every product should carry clear labelling that states its ingredients, nicotine strength and appropriate health warnings in local languages. Consumers should not be forced to depend on sellers, rumours or packaging claims. Informed consumer choice is possible only when information is accurate, visible and understandable.

The third is responsible sales and enforcement. A strict minimum age-of-sale requirement must be introduced and properly enforced. Retailers who sell to underage individuals must face strong penalties. This is particularly important in Sri Lanka, where informal retail channels can easily reach schoolchildren and tuition-going youth if controls are weak.

A proper regulatory framework would also help build a more credible market. It would support enforcement against illegal products, protect adult consumers, reduce youth access and create a fairer environment for responsible businesses. It would also help policymakers avoid the economic and social costs of allowing an uncontrolled market to expand.

The lesson is clear: when the State fails to regulate a fast-growing consumer category, the market does not disappear. It simply moves into the hands of those least concerned about safety, accountability or long-term public interest.

Sri Lanka should not wait for a major crisis before acting. The country needs a practical, science-based and enforceable framework that recognises both public health realities and economic realities. Consumer safety, market discipline and responsible innovation can move together if the rules are clear from the beginning.

The objective should be simple: protect young people, inform adult consumers, remove unsafe and illegal products, and build a legitimate market governed by standards.

In an unregulated market, the consumer carries the risk. In a regulated market, responsibility is shared by producers, retailers, regulators and policymakers. That is the difference Sri Lanka must now create.

About the author- Dr R.S. Maujood is a veteran Chest Physician based in Akkaraipattu, Ampara District, and is widely recognised as a respected medical professional in the region. He has completed over 35 years of extensive service in the Government medical sector, serving at Ampara Base Hospital, Jaffna Hospital and regional hospitals in Kalmunai. Following his retirement from Government service, Dr. Maujood continues to practise medicine in Akkaraipattu. He also holds an MBA from the University of Wales and is actively involved in advocating for a meaningful and evidence-based smokeless nicotine policy framework in Sri Lanka.